reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-11 - Contents of declaration.

The declaration shall contain:
A. a description of the land on which the building and improvements are or will be located;
B. a description of the building, stating the number of stories and basements, the number of units and the principal materials of which it is, or will be, constructed;
C. the number of each unit, and a statement of its location, approximate area, number of rooms and immediate common area to which it has access, and any other data necessary for its proper identification;
D. a description of the common areas and facilities;
E. a description of the limited common areas and facilities, stating to which units their use is reserved;
F. the value of the property and of each unit, and the percentage of undivided interest in the common areas and facilities appertaining to each unit and its owner for all purposes including voting. In the case of any building consisting of separate units not substantially sharing any common structural elements, the value of each unit shall be computed on the basis of the square footage contained within its exterior dimensions;
G. a statement of the purposes for which the building and the units are intended and restricted;
H. the name and address of agent for service;
I. a provision as to the percentage of votes by the unit owners which shall be determinative of whether to rebuild, repair, restore or sell the property in the event of damage or destruction;
J. any further details in connection with the property which the person executing the declaration may deem desirable to set forth consistent with the Building Unit Ownership Act; and
K. the method by which the declaration may be amended.
History:
1953 Comp., § 70-4-11, enacted by Laws 1963, ch. 221, § 11; 1971, ch. 148, § 1; 1975, ch. 318, § 11.
ANNOTATIONS
Failure to abide by declaration as fraud.
— Where, pursuant to this section, builder prepared a "Declaration of Covenants, Conditions, and Restrictions Relative to Carson-Grande Addition," but, in spite of the stipulations set forth therein, builder never constructed a pool, never activated the homeowners association, did not transfer the common areas to the association, and amended the declaration so as to eliminate the planned construction of a pool, there was sufficient evidence to support the trial court's findings of fact and conclusions of law establishing a pattern of commission and omission amounting to fraud.
Register v. Roberson Constr. Co.
, 1987-NMSC-072, 106 N.M. 243, 741 P.2d 1364.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 15, 33, 57.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-12 - Declaration; apportionment of interest.

The declaration shall specify a method by which the interest attributable to each unit shall be apportioned. The apportionment may be based upon:
A. the square or cubic footage in the unit as a percentage of the square or cubic footage in all of the units;
B. the value, as that term is defined in the declaration, of the unit as a percentage of the value of all of the units; or
C. the unit itself as a percentage of all of the units in the property. The percentage interest shall change if additional units are added after the filing of the declaration.
History:
1953 Comp., § 70-4-11.1, enacted by Laws 1975, ch. 318, § 12.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 33.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-13 - Contents of deeds of units.

Deeds of units shall include:
A. a description of the land as provided in Section 47-7-11 NMSA 1978, or the post-office address of the property, including in either case the book, page and date of recording of the declaration;
B. any other data necessary for proper identification of that unit;
C. a statement of the use for which the unit is intended, and restrictions on its use;
D. the percentage of undivided interest appertaining to the unit in the common areas and facilities; and
E. any other details which the grantor and grantee may deem desirable to set forth and which shall be consistent with the declaration and the Building Unit Ownership Act.
History:
1953 Comp., § 70-4-12, enacted by Laws 1963, ch. 221, § 12; 1975, ch. 318, § 13.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 9, 18.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-14 - Copy of the floor plans to be filed.

Simultaneously with the recording of the declaration, there shall be filed in the office of the county clerk a set of the floor plans of the building showing:
A. the layout, location and dimensions of the units, stating the name of the building or that it has no name, and bearing the verified statement of a registered architect or licensed professional engineer certifying that it is an accurate copy of portions of the plans of the building as filed with, and approved by, the governmental subdivision having jurisdiction over the issuance of permits for the construction of buildings; or
B. if the building consists of separate units not substantially sharing any common structural elements, the exterior dimensions of the units, their location and the common areas, and bearing the verified statement of a registered architect or licensed professional engineer certifying that it is an accurate copy of portions of the plans of the building as filed with, and approved by, the governmental subdivision having jurisdiction over the approval of plats for real estate.
The plans shall be kept by the county clerk in a separate file for each building, indexed in the same manner as a conveyance entitled to record, numbered serially in the order of receipt, each designated "unit ownership," a reference to the book, page and date of recording of the declaration. The record of the declaration shall contain a reference to the file number of the floor plans of the building affected.
History:
1953 Comp., § 70-4-13, enacted by Laws 1963, ch. 221, § 13; 1971, ch. 148, § 2; 1975, ch. 318, § 14.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 15.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-15 - Blanket encumbrances affecting a unit at time of first conveyance.

At the time of the first conveyance of each unit, every blanket encumbrance affecting the unit shall be paid and satisfied of record, or the unit being conveyed shall be released therefrom by partial release duly recorded.
History:
1953 Comp., § 70-4-14, enacted by Laws 1963, ch. 221, § 14; 1975, ch. 318, § 15.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 46.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-16 - Recording.

A. The declaration, any amendment thereof, any instrument by which the provisions of the Building Unit Ownership Act may be waived and every instrument affecting the property or any unit shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless duly recorded.
B. In addition to the records and indexes required to be maintained by the county clerk, the county clerk shall maintain an index whereby the record of each conveyance of a unit affected by the declaration, and the record of each conveyance of a unit contains a reference to the declaration of the building of which the unit is a part.
History:
1953 Comp., § 70-4-15, enacted by Laws 1963, ch. 221, § 15; 1975, ch. 318, § 16.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 15 to 18.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-17 - Removal from provisions of the Building Unit Ownership Act.

A. All unit owners may remove a property from the provisions of the Building Unit Ownership Act by an instrument to that effect, duly recorded; provided that the holders of liens affecting any unit shall consent or agree by instrument duly recorded, provided that their liens be transferred to the percentage of the undivided interest of the debtor unit owner in the property as hereinbefore provided.
B. Upon removal of the property from the provisions of the Building Unit Ownership Act, the property shall be deemed to be owned in common by the unit owners. The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by an owner in the common areas and facilities.
History:
1953 Comp., § 70-4-16, enacted by Laws 1963, ch. 221, § 16; 1975, ch. 318, § 17.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 52.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-18 - Removal no bar to subsequent resubmission.

The removal provided in Section 47-7-17 NMSA 1978 shall not bar the subsequent resubmission of the property to the provisions of the Building Unit Ownership Act.
History:
1953 Comp., § 70-4-17, enacted by Laws 1963, ch. 221, § 17; 1975, ch. 318, § 18.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 52.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-19 - Bylaws.

The administration of every property shall be governed by bylaws, a true copy of which shall be annexed to the declaration and shall be a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and the amendment be duly recorded.
History:
1953 Comp., § 70-4-18, enacted by Laws 1963, ch. 221, § 18; 1975, ch. 318, § 19.
ANNOTATIONS
Law reviews.
— For article, "Child Welfare Under the Indian Child Welfare Act of 1978: A New Mexico Focus," see 10 N.M.L. Rev. 413 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 13, 15 to 17.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-20 - Contents of bylaws.

The bylaws may provide for:
A. the election from among the unit owners of a board of directors, the number of persons constituting the board, and that the terms of at least one-third of the directors shall expire annually; the powers and duties of the board; the compensation of the directors; and the authority of the board to engage the services of a manager or managing agent;
B. the method of calling meetings of the unit owners; what number of unit owners shall constitute a quorum;
C. the election of a president from among the board of directors who shall preside over the meetings of the board of directors and of the association of unit owners;
D. the election of a secretary who shall keep the minute book in which resolutions shall be recorded;
E. the election of a treasurer who shall keep the financial records and books of account;
F. the maintenance, repair and replacement of the method of approving payment vouchers;
G. the manner of collecting from each unit owner his share of the common expenses;
H. the designation and removal of personnel necessary for the maintenance, repair and replacement of the common areas and facilities; designation, and any changes, of agent for process;
I. the method of adopting and of amending administrative rules and regulations governing the details of the operation and the use of the common areas and facilities;
J. the restrictions on and requirements of the use and maintenance of the units and the use of the common areas and facilities, not set forth in the declaration, which are designed to prevent unreasonable interference with the use of units and of the common areas and facilities by the several unit owners;
K. a method by which the manager, the board of directors or the association of unit owners may lease or rent unsold units; provided, that nothing in the Building Unit Ownership Act shall be construed to prevent the lease or rental of unsold units by the proper authorities before bylaws are adopted or before the declaration is executed;
L. the percentage of votes required to amend the bylaws; and
M. other provisions as may be deemed necessary for the administration of the property consistent with the Building Unit Ownership Act.
History:
1953 Comp., § 70-4-19, enacted by Laws 1963, ch. 221, § 19; 1975, ch. 318, § 20.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 9, 13, 15 to 17, 22, 28 to 31, 34, 36 to 39.
Validity and construction of regulations of governing body of condominium or cooperative apartment pertaining to parking, 60 A.L.R.5th 647.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-21 - Books of receipts and expenditures; availability for examination.

The manager or board of directors, shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred. The records and the vouchers authorizing payments shall be available for examination by any unit owner at convenient hours of weekdays.
History:
1953 Comp., § 70-4-20, enacted by Laws 1963, ch. 221, § 20; 1975, ch. 318, § 21.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 16, 29.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-22 - Waiver of use of common areas and facilities; abandonment of unit.

No unit owner may exempt himself from liability for his contribution toward the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his unit.
History:
1953 Comp., § 70-4-21, enacted by Laws 1963, ch. 221, § 21; 1975, ch. 318, § 22.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 36.
Expenses for which condominium association may assess unit owners, 77 A.L.R.3d 1290.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-23 - Taxation.

The association of unit owners shall elect whether:
A. the entire property shall be deemed a single parcel for the purposes of assessment and taxation, in which event the association shall promptly notify the unit owners of the payment of the taxes. For purposes of assessment or valuation and taxation under this paragraph, the association shall be deemed to be the owner as defined in Section 7-35-2 NMSA 1978; or
B. each unit and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be subject to separate assessment and taxation by each assessing unit and special district for all types of taxes authorized by law, including ad valorem levies and special assessments.
History:
1953 Comp., § 70-4-22, enacted by Laws 1963, ch. 221, § 22; 1975, ch. 318, § 23.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 5, 9, 29, 48 to 50.
Real estate taxation of condominiums, 71 A.L.R.3d 952.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-24 - Priority of lien.

A. All sums, assessed by the association of unit owners but unpaid, for the share of the common expenses chargeable to any unit shall constitute a lien on the unit prior to all other liens except:
(1) tax liens on the unit in favor of any assessing unit and special district; and
(2) all sums unpaid on a first mortgage of record. The lien may be foreclosed by suit by the manager or board of directors, acting on behalf of the unit owners, in like manner as a foreclosure of mortgage or real property. In any foreclosure the unit owner shall be required to pay a reasonable rental for the unit if so provided in the bylaws, and the plaintiff in the foreclosure shall be entitled to the appointment of a receiver to collect the rent paid. The manager or board of directors, acting on behalf of the unit owners shall have power, unless prohibited by the declaration, to bid on the unit at foreclosure sale, and to acquire and hold, lease, mortgage and convey. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same.
B. Where the mortgagee of a first mortgage of record or other purchaser of a unit obtains title to the unit as a result of foreclosure of mortgage, the acquirer of title, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the association of unit owners chargeable to the unit which became due prior to the acquisition of title to the unit by the acquirer. The unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the unit owners including the acquirer, his successors and assigns.
History:
1953 Comp., § 70-4-23, enacted by Laws 1963, ch. 221, § 23; 1975, ch. 318, § 24.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 37.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-25 - Joint and several liability of grantor and grantee for unpaid common expenses.

In a voluntary conveyance the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his share of the common expenses to the time of grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee. However, any grantee shall be entitled to a statement from the manager or board of directors, setting forth the amount of the unpaid assessments against the grantor and the grantee shall not be liable for, nor shall the unit conveyed by [be] subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth.
History:
1953 Comp., § 70-4-24, enacted by Laws 1963, ch. 221, § 24; 1975, ch. 318, § 25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 37.
Expenses for which condominium association may assess unit owners, 77 A.L.R.3d 1290.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-25.1 - Merger or consolidation of condominiums.

A. By agreement of the unit owners, any two or more condominiums may be merged or consolidated into a single condominium. Unless the agreement provides otherwise, the combined condominium is, for all purposes, the legal successor to the preexisting condominiums. The associations of the preexisting condominiums shall also be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets and liabilities of the preexisting associations.
B. An agreement of two or more condominiums to merge or consolidate pursuant to Subsection A of this section shall be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the precentage [percentage] of votes in each condominium required to terminate that condominium. Any such agreement shall be recorded in each county in which a portion of the condominium is located and is not effective until recorded.
C. Every merger or consolidation agreement shall provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either by stating the reallocations or the formulas upon which they are based or by stating the percentage of overall allocated interests of the new condominium which are [is] allocated to all of the units comprising each of the preexisting condominiums; providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium shall be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium.
History:
1978 Comp., § 47-7-25.1, enacted by Laws 1981, ch. 282, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-26 - Actions.

Without limiting the rights of any unit owner, actions may be brought by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of two or more of the unit owners, as their respective interests may appear, with respect to any claim relating to the common areas and facilities or more than one unit. Service of process on two or more unit owners in any action relating to the common areas and facilities or more than one unit may be made on the person designated in the declaration to receive service of process.
History:
1953 Comp., § 70-4-25, enacted by Laws 1963, ch. 221, § 25; 1975, ch. 318, § 26.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 57, 58.
Proper party plaintiff in action for injury to common areas of condominium development, 69 A.L.R.3d 1148.
Standing to bring action relating to title in real property of condominium, 74 A.L.R.4th 165.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-27 - Personal application.

A. All unit owners, tenants of owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to the provisions of the Building Unit Ownership Act shall be subject to the act and to the declaration and bylaws of the association of unit owners adopted pursuant to the provisions of the act.
B. All agreements, decisions and determinations lawfully made by the association of unit owners in accordance with the voting percentages established in the Building Unit Ownership Act, declaration or bylaws, shall be deemed to be binding on all unit owners.
History:
1953 Comp., § 70-4-26, enacted by Laws 1963, ch. 221, § 26; 1975, ch. 318, § 27.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 16.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-28 - Insurance.

A. The manager or the board of directors if required by the declaration, bylaws or by a majority of the unit owners shall insure the property against the risks and under the terms required. The insurance coverage shall be written in the name of the manager, board of directors or the association of unit owners as trustees for each unit owner in the percentage established in the declaration. Insurance premiums shall be common expenses. The requirement of common insurance coverage shall not prejudice the right of each unit owner to insure separately his own unit.
B. In the case of fire or other disaster, the insurance indemnity shall be applied to reconstruct the building unless the damage comprises more than two-thirds of the building, in which case the indemnity may be delivered pro rata to the co-owners in accordance with the decision of three-fourths of the co-owners.
History:
1953 Comp., § 70-4-27, enacted by Laws 1963, ch. 221, § 27; 1975, ch. 318, § 28.
ANNOTATIONS
Severability.
— Laws 1975, ch. 318, § 29, provided for the severability of the act if any part or application was held invalid.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 5, 29, 30, 44, 54, 55.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7A - Condominium Act - General Provisions › Section 47-7A-6 - Applicability of local ordinances, regulations and building codes.

No provision of the Condominium Act invalidates or modifies any provision of any zoning, subdivision, building code or other real estate use law, ordinance or regulation; provided, however, a zoning, subdivision, building code or other real estate use law, ordinance or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon the same development under a different form of ownership.
History:
Laws 1982, ch. 27, § 5.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 1-106 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. The first sentence of this section prohibits discrimination against condominiums by local law-making authorities. Thus, if a local law, ordinance or regulation imposes a requirement which cannot be met if property is subdivided as a condominium but which would not be violated if all of the property constituting the condominium were owned by a single owner, this section makes it unlawful to apply that requirement or restriction to the condominium. For example, in the case of a high-rise apartment building, if a local requirement imposing a minimum number of parking spaces per apartment would not prevent a rental apartment building from being built, this act would override any requirement that might impose a higher number of spaces per apartment merely by virtue of the same building being owned as a condominium.
2. The second sentence makes clear that, except for the prohibition on discrimination against condominiums, the act has no effect on real estate use laws. For example, a particular piece of real estate submitted to the condominium form of ownership might be of such size that all of the real estate is required to support a proposed density of units or to satisfy minimum setback requirements. Under this act, part of the submitted real estate might be subject to a development right entitling the declarant to withdraw it from the condominium, but the mere reservation of this right would not constitute a subdivision of the parcel into separate ownership. If a declarant or foreclosing lender at a later time sought to exercise the option to withdraw the real estate, however, withdrawal would constitute a subdivision and would be illegal if the effect of withdrawal would be to violate setback requirements, or to exceed the density of units permitted on the remaining parcel.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 23 to 25.
Erection of condominium as violation of restrictive covenant forbidding erection of apartment houses, 65 A.L.R.3d 1212.
Zoning or building regulations as applied to condominiums, 71 A.L.R.3d 866.
31 C.J.S. Estates § 153 et seq.; 62 C.J.S. Municipal Corporations § 106.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7A - Condominium Act - General Provisions › Section 47-7A-8 - Supplemental general principles of law applicable.

Except to the extent inconsistent with the Condominium Act, the principles of law and equity, including the law of corporations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance or other validating or invalidating cause supplement the provisions of that act.
History:
Laws 1982, ch. 27, § 7.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 1-108 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. This act displaces existing law relating to condominiums and other law only as stated by specific sections and by reasonable implication therefrom. Moreover, unless specifically displaced by this statute, common-law rights are retained. The listing given in this section is merely an illustration: no listing could be exhaustive.
2. The bracketed language concerning unincorporated associations should be deleted in the event the enacting state requires incorporation of a unit owners' association. See the parallel language contained in § 3-101 [47-7C-1 NMSA 1978].
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 9, 11.
Erection of condominium as violation of restrictive covenant forbidding erection of apartment houses, 65 A.L.R.3d 1212.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7A - Condominium Act - General Provisions › Section 47-7A-9 - Construction against implicit repeal, amendment or expansion.

The Condominium Act is a general act intended as a unified coverage of its subject matter; no part of it shall be deemed impliedly repealed, amended or expanded by subsequent legislation if that construction can reasonably be avoided.
History:
Laws 1982, ch. 27, § 8.
ANNOTATIONS
Compiler's notes.
— This section is similar to § 1-109 of the Uniform Condominium Act, with the following main exception: the language of § 1-109 of the Uniform Condominium Act does not include "amended or expanded" following "impliedly repealed."
COMMISSIONERS' COMMENT
This section derives from § 1-104 of the Uniform Commercial Code [55-1-104 NMSA 1978].
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 9.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7A - Condominium Act - General Provisions › Section 47-7A-11 - Severability.

If any part or application of the Condominium Act is held invalid, the remainder, or its application to other situations or persons, shall not be affected.
History:
Laws 1982, ch. 27, § 9.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 1-111 of the Uniform Condominium Act.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73 Am. Jur. 2d Statutes §§ 191, 383.
82 C.J.S. Statutes §§ 92 to 94.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7A - Condominium Act - General Provisions › Section 47-7A-12 - Unconscionable agreement or term of contract.

A. The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause or limit the application of any unconscionable clause in order to avoid an unconscionable result.
B. Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to unconscionability, including:
(1) the commercial setting of the negotiations;
(2) whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his interests by reason of physical or mental infirmity, illiteracy or inability to understand the language of the agreement or similar factors; and
(3) the effect and purpose of the contract or clause.
History:
Laws 1982, ch. 27, § 10.
ANNOTATIONS
Compiler's notes.
— This section is similar to § 1-112 of the Uniform Condominium Act, with the following main exception: paragraph (4) of subsection (b) of § 1-112 of the Uniform Condominium Act is not included in the state Condominium Act.
COMMISSIONERS' COMMENT
This section is similar to § 2-302 of the Uniform Commercial Code [55-2-302 NMSA 1978] and § 1-311 of the Uniform Land Transactions Act. The rationale and comments provided in those sections are equally applicable to this section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 22.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7A - Condominium Act - General Provisions › Section 47-7A-13 - Obligation of good faith.

Every contract or duty governed by the Condominium Act imposes an obligation of good faith in its performance or enforcement.
History:
Laws 1982, ch. 27, § 11.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 1-113 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
This section sets forth a basic principle running throughout this act: in condominium transactions, good faith is required in the performance and enforcement of all agreements and duties. Good faith, as used in this act, means observance of two standards, "honesty in fact" and observance of reasonable standards of fair dealing. While the term is not defined, the term is derived from and used in the same manner as in § 1-201 of the Uniform Simplification of Land Transfers Act, and §§ 2-103(i) (b) and 7-404 of the Uniform Commercial Code [55-2-10355 NMSA 1978].
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 26.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7A - Condominium Act - General Provisions › Section 47-7A-14 - Remedies to be liberally administered.

A. The remedies provided by the Condominium Act shall be liberally administered in order that the aggrieved party is placed in as good a position as if the other party had fully performed. However, consequential, special or punitive damages shall not be awarded except as specifically provided in the Condominium Act or by other law.
B. Any right or obligation declared by the Condominium Act is enforceable by judicial proceeding.
History:
Laws 1982, ch. 27, § 12.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 1-114 of the Uniform Condominium Act.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 26, 42.
Liability of vendor of condominiums for damage occasioned by defective condition thereof, 50 A.L.R.3d 1071.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums › Section 47-7B-4 - Description of units.

A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located and the identifying number of the unit is a sufficient legal description of that unit and all rights, obligations and interests appurtenant to that unit which were created by the declaration or bylaws.
History:
Laws 1982, ch. 27, § 16.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 2-104 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. The intent of this section is that no description of a unit in a deed, lease, deed of trust, mortgage or any other instrument or document shall be subject to challenge for failure to meet any common law or other requirements so long as the requirements of this section are satisfied, and so long as the declaration itself, together with the plats and plans which are a part of the declaration, provides a legally sufficient description.
2. The last sentence makes clear that an instrument which does meet those requirements includes all interest appurtenant to the unit. As a result, it will not be necessary under this act to continue the practice, common in some jurisdictions, of describing the common element interests, or limited common elements, that are appurtenant to a unit in the instrument conveying title to that unit.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 18.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums › Section 47-7B-12 - Relocation of boundaries between adjoining units.

A. Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application shall state the proposed reallocations. Unless the executive board determines, within thirty days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of conveyance between them and, upon recordation, is indexed in the name of the grantor and the grantee.
B. The association shall prepare and record plats or plans necessary to show the altered boundaries between adjoining units and their dimensions and identifying numbers.
History:
Laws 1982, ch. 27, § 24.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 2-112 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. This section changes the effect of most current condominium statutes, under which the boundaries between units may not be altered without unanimous or nearly unanimous consent of the unit owners. As the section makes clear, this result may be varied by the restrictions in the declaration.
2. This section contemplates that, upon relocation of the unit boundaries, no reallocation of allocated interests will occur if none is specified in the application. If a reallocation is specified but the executive board deems it unreasonable, then the applicants have the choice of resubmitting the application with a reallocation more acceptable to the board, or going to court to challenge the board's finding as unreasonable.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 15, 38, 41.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums › Section 47-7B-13 - Subdivision of units.

A. If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute and record an amendment to the declaration, including the plats and plans, subdividing that unit.
B. The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.
History:
Laws 1982, ch. 27, § 25.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 2-113 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. This section provides for subdivision of units by unit owners, thereby creating more and smaller units than were originally created. The underlying policy of this section is that the original development plan of the project must be followed, and the expectations of unit owners realized. Accordingly, unless subdivision of the units is expressly permitted by the original declaration, a unit may not be subdivided into two or more units unless the declaration is amended to permit it. A subdivision itself is accomplished by an amendment to the declaration.
2. At the same time, situations will often occur where future subdivision is appropriate, and this section permits the declaration to provide for it. Most state statutes do not presently provide for subdivision of units.
An analogous concept in the context of development rights is subdivision of units by a declarant. The development right is described in § 2-110 [47-7B-10 NMSA 1978].
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 38, 39, 41.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums › Section 47-7B-14 - Easement for encroachments.

To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of his willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans.
History:
Laws 1982, ch. 27, § 26.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 2-114 [Alternative A] of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
Two approaches are presented here as alternatives, since uniformity on this issue is not essential, and various states have adopted one approach or the other. Both theories recognize the fact that the actual physical boundaries may differ somewhat from what is shown on the plats and plans, and the practical effect of both is the same.
The easement approach of Alternative A creates easements for whatever discrepancies may arise, while the "monuments as boundaries" approach of Alternative B would make the title lines move to follow movement of the physical boundaries caused by such discrepancies or subsequent setting or shifting.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 15, 38.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums › Section 47-7B-15 - Use for sales purposes.

A declarant may maintain sales offices, management offices and models in units or on common elements in the condominium if the declaration so provides. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. The provisions of this section are subject to the provisions of other state law and to local ordinances.
History:
Laws 1982, ch. 27, § 27.
ANNOTATIONS
Compiler's notes.
— This section is similar to § 2-115 of the Uniform Condominium Act, with the following main exceptions: this section of the state Condominium Act deletes "only" which appears after "condominium" in § 2-115 of the Uniform Condominium Act; this section deletes "and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof," which appears after "provides" in the first sentence of § 2-115 of the Uniform Condominium Act; this section deletes the entire second sentence of § 2-115 as it appears in the Uniform Condominium Act, which deals with the designation of sales offices by the declaration.
COMMISSIONERS' COMMENT
1. This section prescribes the circumstances under which portions of the condominium - either units or common elements - may be used for sales offices, management offices or models. The basic requirements is that the declarant must describe his rights to maintain such offices in the declaration. There are no limitations on that right, so that either units owned by the declarant or other persons, or the common elements themselves, may be used for that purpose. Typical common element uses might include a sales booth in the lobby of the building, or a trailer or temporary building located outside the buildings on the grounds of the property.
2. In addition, this section contains a permissive provision permitting advertising on the common elements. The declarant may choose to limit his rights in terms of the size, location or other matters affecting the advertising. The act, however, imposes no limitation. At the same time, the last sentence of the section recognizes that state or local zoning or other laws may limit advertising, both in terms of size and content of the advertising, or the use of the units or common elements for such purposes. This section makes it clear that local law would apply in those cases.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 26 to 29.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums › Section 47-7B-16 - Easement rights.

Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under the Condominium Act or reserved in the declaration.
History:
Laws 1982, ch. 27, § 28.
ANNOTATIONS
Compiler's notes.
— This section is substantially similar to § 2-116 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. This section grants to declarant an easement across the common elements, subject to any self-imposed restrictions on that easement contained in the declaration. At the same time, the easement is not an easement for all purposes and under all circumstances, but only a grant of such rights as may be reasonably necessary for the purpose of exercising the declarant's rights. Thus, for example, if other access were equally available to the land where new units are being created, which did not require the declarant's construction equipment to pass and repass over the common elements in a manner which significantly inconvenienced the unit owners, a court might apply the "reasonably necessary" test contained in this section to consider limitations on the declarant's easement. The rights granted by this section may be enlarged by a specific reservation in the declaration.
2. The declarant is also required to repair and restore any portion of the condominium used for the easement granted under this section. See § 4-119(b) [47-7D-19B NMSA 1978].
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 26, 34.
Proper party plaintiff in action for injury to common areas of condominium development, 69 A.L.R.3d 1148.
31 C.J.S. Estates § 153 et seq.