reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7C - Condominium Act - Management of Condominium › Section 47-7C-1 - Organization of unit owners' association.

A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under Section 30 [47-7B-18 NMSA 1978] of the Condominium Act or their heirs, successors or assigns. The association shall be organized as a profit or nonprofit corporation or as an unincorporated association.
History:
Laws 1982, ch. 27, § 34.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 3-101 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. The first purchaser of a unit is entitled to have in place the legal structure of the unit owners' association. The existence of the structure clarifies the relationship between the developer and other unit owners and makes it easy for the developer to involve unit owners in the governance of the condominium even during a period of declarant control reserved pursuant to § 3103(d) [47-7C-3D NMSA 1978].
2. The bracketed language preserves the flexibility existing under the vast majority of present condominium statutes to organize the association as a profit or non-profit corporation or as an unincorporated association. Although at least one state (Georgia) requires the organization of the association in corporate form, it is not desirable to mandate this result in a uniform act. If a state wishes to mandate incorporation, it should delete the bracketed language.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 13 to 16, 28.
Construction of contractual or state regulatory provisions respecting formation, composition and powers of governing body of condominium association, 13 A.L.R.4th 598.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7C - Condominium Act - Management of Condominium › Section 47-7C-6 - Bylaws.

A. The bylaws of the association shall provide for:
(1) the number of members of the executive board and the titles of the officers of the association;
(2) election by the executive board of a president, treasurer, secretary and any other officers of the association the bylaws specify;
(3) the qualifications, powers and duties, terms of office and manner of electing and removing executive board members and officers and filling vacancies;
(4) which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent;
(5) which of its officers may prepare, execute, certify and record amendments to the declaration on behalf of the association; and
(6) the method of amending the bylaws.
B. Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.
History:
Laws 1982, ch. 27, § 39.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 3-106 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. Because the act does not require the recordation of bylaws, it is contemplated that unrecorded bylaws will set forth only matters relating to the internal operations of the association and various "housekeeping" matters with respect to the condominium. The act requires specific matters to be set forth in the recorded declaration and not in the bylaws, unless the bylaws are to be recorded as an exhibit to the declaration.
2. The requirement, set forth in subsection (a)(5) [Subsection A(5)], that the bylaws designate which of the officers of the association has the responsibility to prepare, execute, certify and record amendments to the declaration reflects the obligation imposed upon the association by several provisions of this act to record such amendments in certain circumstances. These provisions include § 1-107 [47-7A-7 NMSA 1978] (Eminent Domain), § 2-106 [47-7B-6 NMSA 1978] (expiration of certain leases), § 2-112 [47-7B-12 NMSA 1978] (Relocation of Boundaries Between Adjoining Units), and § 2-113 [47-7B-13 NMSA 1978] (subdivision or conversion of units). Section 2-117(e) [47-7B-17E NMSA 1978] provides that, if no officer is designated for this purpose, it shall be the duty of the president.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 16, 17.
Validity and construction of condominium association's regulations governing members' use of common facilities, 72 A.L.R.3d 308.
Enforceability of bylaw or other rule of condominium or cooperative association restricting occupancy by children, 100 A.L.R.3d 241.
Validity, construction, and application of statutes, or of condominium association's by laws or regulations, restricting number of units that may be owned by single individual or entity, 39 A.L.R.4th 88.
Validity and construction of condominium bylaws or regulations placing special regulations, burdens, or restrictions on nonresident unit owners, 76 A.L.R.4th 295.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7C - Condominium Act - Management of Condominium › Section 47-7C-8 - Meetings.

A meeting of the association shall be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board or by unit owners having twenty percent, or any lower percentage specified in the bylaws, of the votes in the association. Not less than ten days nor more than sixty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting shall state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes and any proposal to remove a director or officer.
History:
Laws 1982, ch. 27, § 41.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 3-108 of the Uniform Condominium Act.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 16.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7C - Condominium Act - Management of Condominium › Section 47-7C-9 - Quorums.

A. Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast twenty percent of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.
B. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast fifty percent of the votes on that board are present at the beginning of the meeting.
History:
Laws 1982, ch. 27, § 42.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 3-109 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
Mandatory quorum requirements lower than 50 percent for meetings of the association are often justified because of the common difficulty of inducing unit owners to attend meetings. The problem is particularly acute in the case of resort condominiums where many owners may reside elsewhere, often at considerable distances, for most of the year.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 16.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7C - Condominium Act - Management of Condominium › Section 47-7C-10 - Voting; proxies.

A. If only one of the multiple owners of a unit is present at a meeting of the association, he is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration expressly provides otherwise. There is a majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.
B. Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term.
C. If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units:
(1) the provisions of Subsections A and B of this section apply to lessees as if they were unit owners;
(2) unit owners who have leased their units to other persons may not cast votes on those specified matters; and
(3) lessees are entitled to notice of meetings, access to records and other rights respecting those matters as if they were unit owners. Unit owners shall also be given notice, in the manner provided in Section 41 [47-7C-8 NMSA 1978] of the Condominium Act, of all meetings at which lessees may be entitled to vote.
D. No votes allocated to a unit owned by the association may be cast.
History:
Laws 1982, ch. 27, § 43.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 3-110 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
Subsection (c) [Subsection C] addresses an increasingly important matter in the governance of condominiums: the role of tenants occupying units owned by investors or other persons. Most present statutes require voting by owners in the association. However, it may be desirable to give lessees, rather than lessors, of units the right to vote on issues involving day-to-day operation both because the lessees may have a greater interest than the lessors and because it is desirable to have lessees feel they are an integral part of the condominium community.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 16.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7C - Condominium Act - Management of Condominium › Section 47-7C-14 - Surplus funds.

Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall be paid to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments.
History:
Laws 1982, ch. 27, § 47.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 3-114 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
Surplus funds of the association are generally used first for the pre-payment of reserves, and remaining funds are thereafter credited to the account of unit owners or paid to them. In some cases, however, unit owners might prefer that surplus funds be used for other purposes (e.g., the purchase of recreational equipment). Accordingly, this section permits the declaration to specify any other use of surplus funds.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 35, 36.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7C - Condominium Act - Management of Condominium › Section 47-7C-18 - Association records.

The association shall keep financial records sufficiently detailed to enable the association to comply with Section 61 [47-7D-9 NMSA 1978] of the Condominium Act. All financial and other records shall be made reasonably available for examination by any unit owner and his authorized agents.
History:
Laws 1982, ch. 27, § 51.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 3-118 of the Uniform Condominium Act.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 16, 22, 29.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7C - Condominium Act - Management of Condominium › Section 47-7C-19 - Association as trustee.

With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
History:
Laws 1982, ch. 27, § 52.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 3-119 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
Based on § 7 of the Uniform Trustees' Powers Act, this section is intended to protect an innocent third party in its dealings with the association only when the association is acting as a trustee for the unit owners, either under § 3-113 [47-7C-13 NMSA 1978] for insurance proceeds, or § 2-118 [47-7B-18 NMSA 1978] following termination.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 28.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7D - Condominium Act - Protection of Condominium Purchasers › Section 47-7D-5 - Time shares.

If the declaration provides that ownership or occupancy of any units is or may be in time shares, the disclosure statement shall disclose, in addition to the information required by Section 55 [47-7D-3 NMSA 1978] of the Condominium Act:
A. a description of the time share interest that may be created;
B. the number and identity of units in which time shares may be created;
C. the total number of time shares that may be created;
D. the minimum duration of any time shares that may be created; and
E. the extent to which the creation of time shares will or may affect the enforceability of the association's lien for assessments provided in Section 49 [47-7C-16 NMSA 1978] of the Condominium Act.
History:
Laws 1982, ch. 27, § 57.
ANNOTATIONS
Compiler's notes.
— This section is similar to § 4-105 of the Uniform Condominium Act, with the following main exceptions: "disclosure" is substituted for "public offering" in the introductory paragraph of this section of the state Condominium Act; and Subsection A of this section of the state Condominium Act is added.
COMMISSIONERS' COMMENT
1. Time sharing has become increasingly important in recent years, particularly with respect to resort condominiums. In recognition of this fact, this section requires the disclosure of certain information with respect to time sharing.
2. Virtually all existing state condominium statutes are silent with respect to time-share ownership. The inclusion of disclosure provisions for certain forms of time sharing in this act, however, does not imply that other law regulating time sharing is affected in any way in a state merely because that state enacts this act.
The Uniform Law Commissioners' Model Real Estate Time-Share Act specifies more extensive disclosures for time-share properties. A "time-share property" may include part or all of the condominium, and § 1-109 of the model act governs conflicts between this act and time-share legislation.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 16, 22.
Regulation of time-share or interval ownership interests in real estate, 6 A.L.R.4th 1288.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7D - Condominium Act - Protection of Condominium Purchasers › Section 47-7D-7 - Condominium securities.

If an interest in a condominium is currently registered with the securities and exchange commission of the United States, a declarant satisfies all requirements relating to the preparation of a disclosure statement of the Condominium Act if he delivers to the purchaser a copy of the prospectus approved by the securities and exchange commission.
History:
Laws 1982, ch. 27, § 59.
ANNOTATIONS
Compiler's notes.
— This section is similar to § 4-107 of the Uniform Condominium Act, with the following main exceptions: "disclosure" is substituted for "public offering" and "prospectus approved by" is substituted for "public offering statement filed with"; neither the bracketed language in the first sentence, nor the bracketed second sentence of § 4-107 of the Uniform Condominium Act, are incorporated in this section of the state Condominium Act.
COMMISSIONERS' COMMENT
1. Some condominiums are regarded as "investment contracts" or other "securities"under federal law because they exhibit certain investment features such as mandatory rental pools. See SEC Securities Act Release No. 5347 (January 1973). The purpose of this section is to permit the declarant to file or deliver, in lieu of a public offering statement specifically prepared to comply with the provisions of this act, the prospectus filed with and distributed pursuant to the regulations of the United States securities and exchange commission. Absent this provision, prospective purchasers of condominiums classified by the SEC as "securities" would have to be given two public offering statements, one prepared pursuant to this act and the other prepared pursuant to the Securities Act of 1933 [15 U.S.C. § 77a et seq.]. Not only would this result increase the declarant's costs (and thus the price) of units, it might also reduce the likelihood of either public offering statement actually being read by prospective purchasers.
2. The bracketed language in the first sentence of this section should be inserted by states which choose to adopt the agency provisions of Article 5 [not adopted] of the act. The second sentence should also be inserted by states opting to incorporate Article 5 [not adopted] of the act to avoid duplicative regulation of condominiums by the agency administering the state's securities regulation statutes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 11, 19 to 21; 69 Am. Jur. 2d Securities Regulation - Federal § 138 et seq.
31 C.J.S. Estates § 153 et seq.; 79A C.J.S. Securities Regulation § 10 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7D - Condominium Act - Protection of Condominium Purchasers › Section 47-7D-17 - Effect of violations on rights of action; attorney's fees.

If a declarant or any other person subject to the Condominium Act fails to comply with any provision of that act or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. The court, in an appropriate case, may award reasonable attorney's fees.
History:
Laws 1982, ch. 27, § 65.
ANNOTATIONS
Compiler's notes.
— This section is similar to § 4-117 of the Uniform Condominium Act, with the following main exception: this section of the state Condominium Act deletes "Punitive damages may be awarded for a willful failure to comply with this Act," as it appears following the first sentence of § 4-117 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
This section provides a general cause of action or claim for relief for failure to comply with the act by either a declarant or any other person subject to the act's provisions. Such persons might include unit owners, persons exercising a declarant's rights of appointment pursuant to § 3-103(d) [47-7C-3D NMSA 1978] or the association itself. A claim for appropriate relief might include damages, injunctive relief, specific performance, rescission or reconveyance if appropriate under the law of the state or any other remedy normally available under state law. The section specifically refers to "any person or class of persons" to indicate that any relief available under the state class action statute would be available in circumstances where a failure to comply with this act has occurred. This section specifically permits punitive damages to be awarded in the case of willful failure to comply with the act and also permits attorney's fees to be awarded in the discretion of the court to any party that prevails in an action.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 26.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7D - Condominium Act - Protection of Condominium Purchasers › Section 47-7D-18 - Labeling of promotional material.

If any improvement contemplated in a condominium is labeled "NEED NOT BE BUILT" on a plat or plan or is to be located within a portion of the condominium with respect to which the declarant has reserved a development right, no promotional material shall be displayed or delivered to prospective purchasers which describes or portrays that improvement unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified as "NEED NOT BE BUILT."
History:
Laws 1982, ch. 27, § 66.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 4-118 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. Section 2-109(c) [47-7B-9C NMSA 1978] requires that the plats and plans for every condominium indicate whether or not any improvement that might be built in the condominium must be built. However, § 4-103 [47-7D-3 NMSA 1978] does not require that copies of the plats and plans be provided to purchasers as part of the public offering statement. Consequently, this section requiring the labeling of improvements depicted on promotional material is necessary to assure that purchasers are not deceived with respect to which improvements the declarant is obligated to make in a particular condominium project.
2. Since no contemplated improvements on real estate subject to development rights need be shown on plats and plans, additional labeling is required by this section to insure that, if the declarant shows any contemplated improvements in his promotional material which are not shown on the plats and plans, those improvements must also be appropriately labeled.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 22, 28.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7D - Condominium Act - Protection of Condominium Purchasers › Section 47-7D-19 - Declarant's obligation to complete and restore.

A. The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans prepared pursuant to Section 21 [47-7B-9 NMSA 1978] of the Condominium Act.
B. The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium affected by the exercise of rights reserved pursuant to or created by Sections 22, 23, 24, 25, 27 and 28 [47-7B-10 to 47-7B-13, 47-7B-15, 47-7B-16 NMSA 1978] of the Condominium Act.
History:
Laws 1982, ch. 27, § 67.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 4-119 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. Subsection (a) [Subsection A] requires the declarant to complete any improvement which the plats or plans indicate, pursuant to the requirements of § 2-109(c) [47-7B-9C NMSA 1978], "MUST BE BUILT." This is a fundamental obligation of the declarant and is one with which a successor declarant is obligated to comply under § 3-104 [47-7C-4 NMSA 1978].
2. Under subsection (b) [Subsection B], in the event that a declarant exercises the right to use an easement which is created by § 2-116 [47-7B-16 NMSA 1978], or in the event the declarant maintains model units or signs on the condominium, the declarant is obligated to restore the portions of the condominiums used to a condition compatible with the remainder of the condominium.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 15, 26, 29, 34.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7D - Condominium Act - Protection of Condominium Purchasers › Section 47-7D-20 - Substantial completion of units.

In case of a sale of a unit where delivery of a disclosure statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed until the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certificate of substantial completion pursuant to Section 13 [47-7B-1 NMSA 1978] of the Condominium Act.
History:
Laws 1982, ch. 27, § 68.
ANNOTATIONS
Compiler's notes.
— This section is similar to § 4-120 of the Uniform Condominium Act, with the following main exceptions: "disclosure" is substituted for "public offering"; the bracketed language "[except pursuant to Section 5-103(b)]" is deleted following "may be conveyed"; and "pursuant to Section 13 of the Condominium Act" is substituted for "executed by an independent [registered] architect, surveyor or engineer, or by issuance of a certificate of occupancy authorized by law."
COMMISSIONERS' COMMENT
The purpose of this section, complemented by § 4-110 [47-7D-10 NMSA 1978], is to assure that the declarant is not able to obtain use of the purchaser's money until the purchaser is able to get a completed unit.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 15, 22.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-1 - Recompiled.

History:
Laws 2013, ch. 122, § 1; recompiled as § 47-16-1 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-2 - Recompiled.

History:
Laws 2013, ch. 122, § 2; recompiled as § 47-16-2 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-3 - Recompiled.

History:
Laws 2013, ch. 122, § 3; recompiled as § 47-16-3 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-4 - Recompiled.

History:
Laws 2013, ch. 122, § 4; recompiled as § 47-16-4 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-5 - Recompiled.

History:
Laws 2013, ch. 122, § 5; recompiled as § 47-16-5 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-6 - Recompiled.

History:
Laws 2013, ch. 122, § 6; recompiled as § 47-16-6 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-7 - Recompiled.

History:
Laws 2013, ch. 122, § 7; recompiled as § 47-16-7 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-8 - Recompiled.

History:
Laws 2013, ch. 122, § 8; recompiled as § 47-16-8 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-9 - Recompiled.

History:
Laws 2013, ch. 122, § 9; recompiled as § 47-16-9 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-10 - Recompiled.

History:
Laws 2013, ch. 122, § 10; recompiled as § 47-16-10 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-11 - Recompiled.

History:
Laws 2013, ch. 122, § 11; recompiled as § 47-16-11 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-12 - Recompiled.

History:
Laws 2013, ch. 122, § 12; recompiled as § 47-16-12 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-13 - Recompiled.

History:
Laws 2013, ch. 122, § 13; recompiled as § 47-16-13 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7E - Homeowner Association (Recompiled.) › Section 47-7E-14 - Recompiled.

History:
Laws 2013, ch. 122, § 14; recompiled as § 47-16-14 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-2 - Purpose.

The purpose of the Uniform Owner-Resident Relations Act is to simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of owner and resident, and to encourage the owners and the residents to maintain and improve the quality of housing in New Mexico.
History:
1953 Comp., § 70-7-2, enacted by Laws 1975, ch. 38, § 2.
ANNOTATIONS
Cross reference.
— For the Mobile Home Park Act,
see
47-10-1 NMSA 1978.
Acts linked.
— Although the Uniform Owner-Resident Relations Act governs the rights and obligations of owners and residents of "dwelling units", and the Mobile Home Park Act [Section 47-10-1 NMSA 1978 et seq.], governs tenancy in a "mobile home park", the legislature has linked the two acts in that the latter provides that an action for termination shall be commenced and prosecuted in the manner described in the former.
Martinez v. Sedillo
, 2005-NMCA-029, 137 N.M. 103, 107 P.3d 543.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-4 - Principles of law and equity.

Unless displaced by the provisions of the Uniform Owner-Resident Relations Act, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, equitable abatement, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause supplement its provisions.
History:
1953 Comp., § 70-7-4, enacted by Laws 1975, ch. 38, § 4; 1995, ch. 195, § 3.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, inserted "equitable abatement" near the middle of the section.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Housing Laws and Urban Redevelopment § 17.
Farmland cultivation arrangement as creating status of landlord-tenant or landowner-cropper, 95 A.L.R.3d 1013.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-5 - General act.

The Uniform Owner-Resident Relations Act being a general act is intended as a unified coverage of its subject matter, and no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
History:
1953 Comp., § 70-7-5, enacted by Laws 1975, ch. 38, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Housing Laws and Urban Redevelopment § 2.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-6 - Recovery of damages.

A. The remedies provided by the Uniform Owner-Resident Relations Act shall be so administered that the aggrieved party may recover damages as provided in the Uniform Owner-Resident Relations Act. The aggrieved party has a duty to mitigate damages.
B. Any right or obligation declared by the Uniform Owner-Resident Relations Act is enforceable by action unless the provision declaring it specifies a different and limited effect.
History:
1953 Comp., § 70-7-6, enacted by Laws 1975, ch. 38, § 6.
ANNOTATIONS
Cross references.
— For inapplicability of general forcible entry or detainer provisions to actions by landlord,
see
35-10-2 NMSA 1978.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Housing Laws and Urban Development § 17.
Right and duty of lessor of advertising space to relet in order to minimize damages from lessee's breach, 35 A.L.R. 1536.
Recovery of expected profits lost by lessor's breach of lease, 92 A.L.R.3d 1286.
Tenant's recovery of damages for emotional distress under Uniform Residential Landlord and Tenant Act, 6 A.L.R.4th 528.
What constitutes willfulness or malice justifying landlord's collection of statutory multiple damages for tenant's wrongful retention of possession, 7 A.L.R.4th 589.
Respective rights in excess rent when landlord relets at higher rent during lessee's term, 50 A.L.R.4th 403.
Landlord's duty, on tenant's failure to occupy, or abandonment of, premises, to mitigate damages by accepting or procuring another tenant, 75 A.L.R.5th 1.
51C C.J.S. Landlord and Tenant §§ 247(2), 250(2).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-7 - Provision for agreement.

A claim or right arising under the Uniform Owner-Resident Relations Act or on a rental agreement may be settled by agreement.
History:
1953 Comp., § 70-7-7, enacted by Laws 1975, ch. 38, § 7.
ANNOTATIONS
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 49 Am. Jur. 2d Landlord and Tenant §§ 77, 690.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-8 - Rights, obligations and remedies.

The Uniform Owner-Resident Relations Act applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.
History:
1953 Comp., § 70-7-8, enacted by Laws 1975, ch. 38, § 8.
ANNOTATIONS
Cross references.
— For inapplicability of forcible entry or detainer provisions,
see
35-10-2 NMSA 1978.
For landlord's lien on tenant's personalty,
see
48-3-5 and 48-3-6 NMSA 1978.
Magistrate court had subject matter jurisdiction when it decided claim for possession.
— Where the parties entered into a lease option contract pursuant to which plaintiff agreed to lease and defendant agreed to rent a residential property in Vanderwagen, New Mexico for sixty months, and where the lease option contract included an option to purchase the residence at any time during the contract's terms, and where defendant paid plaintiff $10,000 that defendant claimed to be a down payment toward the purchase price of the property but which was not mentioned in the lease option contract, and where defendant stopped making monthly payments on the property after two years, and where plaintiff filed a petition for restitution seeking possession of the property in magistrate court, and where the magistrate court granted the writ of restitution and awarded damages, past-due rent, and attorney fees, and where, on appeal, defendant claimed that the magistrate court did not have subject matter jurisdiction because defendant was not occupying the property pursuant to a rental agreement but pursuant to a contract for the sale of the real property, the magistrate court did not err in exercising jurisdiction because the plain language of the parties' lease option contract demonstrates that the parties entered into a rental agreement as defined in NMSA 1978 § 47-8-3 and subject to the Uniform Owner-Resident Relations Act (UORRA), and the plain language of NMSA 1978 § 47-8-10(A) demonstrates that the legislature has endowed magistrate courts with subject matter jurisdiction over claims arising from any conduct in this state governed by the UORRA or with respect to any claim arising from a transaction subject to UORRA for a dwelling located within its jurisdictional boundaries.
White v. Farris
, 2021-NMCA-014.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Housing Laws and Urban Development § 17.
What constitutes willfulness or malice justifying landlord's collection of statutory multiple damages for tenant's wrongful retention of possession, 7 A.L.R.4th 589.
Specificity of description of premises as affecting enforceability of lease, 73 A.L.R.4th 236.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-9 - Exemptions.

Unless created to avoid the application of the Uniform Owner-Resident Relations Act, the following arrangements are exempted by that act:
A. residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, counseling, religious, educational when room and board are an entity or similar service;
B. occupancy under a contract of sale of a dwelling unit or the property of which it is part, if the occupant is the purchaser or a person who succeeds to his interest;
C. occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
D. transient occupancy in a hotel or motel;
E. occupancy by an employee of an owner pursuant to a written rental or employment agreement that specifies the employee's right to occupancy is conditional upon employment in and about the premises; and
F. occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
History:
1953 Comp., § 70-7-9, enacted by Laws 1975, ch. 38, § 9; 1995, ch. 195, § 4.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, substituted "that" for "which" in the introductory sentence, and substituted "pursuant to a written rental or employment agreement that specifies the employee's" for "whose" in Subsection E.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-11 - Obligation of good faith.

Every duty under the Uniform Owner-Resident Relations Act and every act which must be performed as a condition precedent to the exercise of a right or remedy under the Uniform Owner-Resident Relations Act imposes an obligation of good faith in its performance or enforcement.
History:
1953 Comp., § 70-7-11, enacted by Laws 1975, ch. 38, § 11.
ANNOTATIONS
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 49 Am. Jur. 2d Landlord and Tenant § 109 et seq.
When lessor may withhold consent under unqualified provision in lease prohibiting assignment or subletting of leased premises without lessor's consent, 21 A.L.R.4th 188.
51C C.J.S. Landlord and Tenant § 2(1).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-12 - Inequitable agreement provision.

A. If the court, as a matter of law, finds that any provision of a rental agreement was inequitable when made, the court may limit the application of such inequitable provisions to avoid an inequitable result.
B. If inequitability is put into issue by a party to the rental agreement, the parties to the rental agreement shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement, or settlement, to aid the court in making determination.
History:
1953 Comp., § 70-7-12, enacted by Laws 1975, ch. 38, § 12.
ANNOTATIONS
Purpose of section.
— This section modifies common-law principles by allowing the court to make a determination of the underlying fairness of the rental agreement when made and allowing selective enforcement of the contract to bring about an equitable result.
Ramirez-Eames v. Hover
, 1989-NMSC-038, 108 N.M. 520, 775 P.2d 722.
Review on appeal.
— The determination of whether a rental agreement is inequitable should not be made de novo on review. Appellate courts should not be de novo courts of equity in landlord-tenant disputes.
Ramirez-Eames v. Hover
, 1989-NMSC-038, 108 N.M. 520, 775 P.2d 722.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Application of usury laws to transactions characterized as "leases," 94 A.L.R.3d 640.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-14 - Terms and conditions of agreement.

The owner and resident may include in a rental agreement terms and conditions not prohibited by the Uniform Owner-Resident Relations Act or other rule of law including rent, term of the agreement or other provisions governing the rights and obligations of the parties.
History:
1953 Comp., § 70-7-14, enacted by Laws 1975, ch. 38, § 14.
ANNOTATIONS
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 49 Am. Jur. 2d Landlord and Tenant § 45 et seq.
Application of usury laws to transactions characterized as "leases," 94 A.L.R.3d 640.
Sufficiency of provision of lease to effect second or perpetual right of renewal, 29 A.L.R.4th 172.
51C C.J.S. Landlord and Tenant §§ 235 to 243.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-16 - Waiver of rights prohibited.

No rental agreement may provide that the resident or owner agrees to waive or to forego rights or remedies under the law.
History:
1953 Comp., § 70-7-16, enacted by Laws 1975, ch. 38, § 16.
ANNOTATIONS
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-17 - Unlawful agreement provision.

If an owner deliberately uses a rental agreement containing provisions known by him to be prohibited by law, the resident may recover damages sustained by him resulting from application of the illegal provision and reasonable attorney's fees.
History:
1953 Comp., § 70-7-17, enacted by Laws 1975, ch. 38, § 17.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Application of usury laws to transactions characterized as "leases," 94 A.L.R.3d 640.
51C C.J.S. Landlord and Tenant § 304.