reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-4 - Exemptions.

The Appraisal Management Company Registration Act is not applicable to:
A. a corporation, partnership, sole proprietorship, subsidiary, limited liability company or other business entity that employs persons on an employer and employee basis exclusively for the performance of real estate appraisal services in the normal course of its business and the entity is responsible for ensuring that the real estate appraisal services being performed by its employees are being performed in accordance with uniform standards of professional appraisal practice;
B. an individual who in the normal course of the individual's business enters into an agreement, whether written or otherwise, with another independent contractor appraiser for the performance of real estate appraisal services that the hiring or contracting appraiser cannot complete for any reason, including competency, work load, schedule or geographic location; or
C. an individual, corporation, partnership, sole proprietorship, subsidiary, limited liability company or other business entity that in the normal course of business enters into an agreement, whether written or otherwise, with an independent contractor appraiser for the performance of real estate appraisal services and upon the completion of the appraisal, the report of the appraiser performing the real estate appraisal services is co-signed by the appraiser who subcontracted with the independent appraiser for the performance of the real estate appraisal services.
History:
Laws 2009, ch. 214, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 214 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-5 - Forms.

An applicant for registration as an appraisal management company shall submit to the board an application on a form prescribed by the board.
History:
Laws 2009, ch. 214, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 214 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-6 - Expiration of license.

A registration granted by the board pursuant to the Appraisal Management Company Registration Act shall expire on September 30 of each year.
History:
Laws 2009, ch. 214, § 6; 2013, ch. 143, § 3.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided for the expiration of licenses; and after "Registration Act shall", deleted "be valid for one year from the date on which it is issued" and added "expire on September 30 of each year".
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-7 - Consent to service of process.

Each entity applying for registration as an appraisal management company shall complete and execute an irrevocable consent to service of process form as prescribed by the board.
History:
Laws 2009, ch. 214, § 7.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 214 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-8 - Fee.

A. The board shall establish the fee for appraisal management company registration by rule to cover the cost of the administration of the Appraisal Management Company Registration Act, but in no case shall the fee be more than two thousand dollars ($2,000).
B. Registration fees shall be credited to the appraiser fund pursuant to Section 61-30-18 NMSA 1978.
C. An appraisal management company that either has registered with the board or operates as a subsidiary of a federally regulated financial institution shall pay to the board an annual registry as determined by the appraisal subcommittee.
History:
Laws 2009, ch. 214, § 8; 2013, ch. 143, § 4.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided for a fee for a company that is associated with a subsidiary of a federally regulated financial institution; and added Subsection C.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-9 - Owner requirements.

A. An appraisal management company applying for registration may not be owned by a person or have any principal of the company who has had a license or certificate to act as an appraiser refused, denied, canceled or revoked in this state or in any other state.
B. Each person that owns, is an officer of or has a financial interest in an appraisal management company in this state shall:
(1) be of good moral character, as determined by the board; and
(2) submit to a background investigation, as determined by the board.
C. An appraisal management company shall not be registered by the board or included on the national registry if the company, in whole or in part, directly or indirectly, is owned by any person who has had an appraiser license or certificate refused, denied, canceled, surrendered in lieu of revocation or revoked in any state and not subsequently granted or reinstated. A person that owns more than ten percent of an appraisal management company shall be of good moral character, as determined by the board, and shall submit to a background investigation carried out by the board.
History:
Laws 2009, ch. 214, § 9; 2013, ch. 143, § 5.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, prohibited the registration of a company that has had a license refused, denied, canceled, surrendered, or revoked; deleted former Paragraph (3) of Subsection B, which required officers of a company to certify that the person has never had a license refused, denied, canceled or revoked; and added Subsection C.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-10 - Controlling person.

Each appraisal management company applying to the board for registration in this state shall designate one controlling person that will be the main contact for all communication between the board and the appraisal management company.
History:
Laws 2009, ch. 214, § 10.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 214 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-11 - Controlling person requirements.

In order to serve as a controlling person of an appraisal management company, a person shall:
A. certify to the board that the person has never had a certificate or a license issued by the board of this state, or the board of any other state, to act as an appraiser refused, denied, canceled or revoked;
B. be of good moral character, as determined by the board; and
C. submit to a background investigation, as determined by the board.
History:
Laws 2009, ch. 214, § 11.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 214 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-12 - Employee requirements.

A. Any employee of the appraisal management company, or any person working on behalf of the appraisal management company, that has the responsibility of selecting independent appraisers for the performance of real estate appraisal services for the appraisal management company or the responsibility of reviewing completed appraisals shall have geographic and product competence and be appropriately trained and qualified in the performance of real estate appraisals as determined by the board by rule.
B. Any employee of the appraisal management company that has the responsibility to review the work of independent appraisers shall have demonstrated knowledge of the uniform standards of professional appraisal practice, as determined by the board by rule.
History:
Laws 2009, ch. 214, § 12; 2010, ch. 13, § 3.
ANNOTATIONS
The 2010 amendment,
effective July 1, 2010, in Subsection A, after "reviewing completed appraisals shall", added "have geographic and product competence and".
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-13 - Requirements; liability.

A. An appraisal management company registered in this state pursuant to the Appraisal Management Company Registration Act shall not enter into contracts or agreements with an independent appraiser for the performance of real estate appraisal services unless that person is licensed or certified in good standing pursuant to the Real Estate Appraisers Act [Chapter 61, Article 30 NMSA 1978].
B. An appraisal management company shall not require an appraiser to indemnify the appraisal management company against liability except liability for errors and omissions by the appraiser.
History:
Laws 2009, ch. 214, § 13; 2010, ch. 13, § 4.
ANNOTATIONS
The 2010 amendment,
effective July 1, 2010, in the catchline, changed "Limitations" to "Requirements; liability"; in Subsection A, after "Appraisal Management Company Registration Act", changed "may" to "shall"; and added Subsection B.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-14 - Pre-engagement certification.

Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis on a form prescribed by the board that the appraisal management company has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company holds a license in good standing in this state pursuant to the Real Estate Appraisers Act [Chapter 61, Article 30 NMSA 1978].
History:
Laws 2009, ch. 214, § 14.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 214 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-15 - Adherence to standards.

Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that it has a system in place to review the work of all independent appraisers that are performing real estate appraisal services for the appraisal management company on a periodic basis to ensure that the real estate appraisal services are being conducted in accordance with uniform standards of professional appraisal practice.
History:
Laws 2009, ch. 214, § 15.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 214 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-15.1 - Automated valuation models used to estimate collateral value for mortgage lending purposes.

A. Automated valuation models shall adhere to quality control standards designed to:
(1) ensure a high level of confidence in the estimates produced by automated valuation models;
(2) protect against the manipulation of data;
(3) seek to avoid conflicts of interest;
(4) require random sample testing and reviews; and
(5) account for any other such factor that the board determines to be appropriate.
B. The board, in consultation with the staff of the appraisal subcommittee and the appraisal standards board of the appraisal foundation, shall promulgate rules to implement the quality control standards required under this section.
History:
Laws 2013, ch. 143, § 8.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 143 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-16 - Recordkeeping.

Each appraisal management company seeking to be registered shall certify to the board on an annual basis that it maintains a detailed record of each service request that it receives and the independent appraiser that performs the real estate appraisal services for the appraisal management company.
History:
Laws 2009, ch. 214, § 16.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 214 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-18 - Payment; limits; disclosure; nontaxable transaction certificate.

A. The fees paid to an appraiser for completion of the appraisal shall not include a fee for management of the appraisal process or any activity other than the performance of the appraisal.
B. An appraisal management company shall separately state the fees paid to an appraiser for appraisal services and the fees charged by the appraisal management company for services associated with the management of the appraisal process, including procurement of the appraiser's services to the client, borrower and any other payor.
C. Appraisers shall not be prohibited by the appraisal management company, client or other third party from disclosing the fee paid to the appraiser for the performance of the appraisal in the appraisal report.
D. As used in this section, "payor" means any person or entity who is responsible for making payment for the appraisal.
E. An appraisal management company shall, except in cases of breach of contract or substandard performance of services, make payment to an independent appraiser for the completion of an appraisal or valuation assignment within sixty days of the date on which the independent appraiser transmits or otherwise provides the completed appraisal or valuation study to the appraisal management company or its assignee.
F. An appraisal management company shall provide an appraiser with the appropriate nontaxable transaction certificate pursuant to Section 7-9-48 NMSA 1978.
History:
Laws 2009, ch. 214, § 18; 2010, ch. 13, § 5.
ANNOTATIONS
The 2010 amendment,
effective July 1, 2010, in the catchline, added "limits; disclosure;"; added new Subsections A, B, C and D, and relettered former Subsections A and B as Subsections E and F.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-19 - Appraisal reports; alteration; use.

An appraisal management company shall not:
A. alter, modify or otherwise change a completed appraisal report submitted by an independent appraiser without the appraiser's written knowledge and consent; or
B. use an appraisal report submitted by an independent appraiser for any other transaction.
History:
Laws 2009, ch. 214, § 19.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 214 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-20 - Adjudication of disputes between an appraisal management company and an independent appraiser.

A. An appraisal management company shall not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an independent appraiser without notifying the appraiser in writing of the reasons for the appraiser being removed from the appraiser panel of the appraisal management company. If the appraiser is being removed from the panel for illegal conduct, violation of the uniform standards of professional appraisal practice or a violation of state licensing standards, the appraisal management company shall provide the independent appraiser the nature of the alleged conduct or violation and provide an opportunity for the appraiser to respond.
B. An independent appraiser that is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, violation of the uniform standards of professional appraisal practice or violation of state licensing standards may file a complaint with the board for a review of the decision of the appraisal management company, except that in no case shall the board make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company that is unrelated to the actions specified in Subsection A of this section.
C. If an independent appraiser files a complaint against an appraisal management company pursuant to Subsection B of this section, the board shall adjudicate the complaint within one hundred eighty days.
D. If after opportunity for hearing and review, the board determines that an independent appraiser did not commit a violation of law, a violation of the uniform standards of professional appraisal practice or a violation of state licensing standards, the board shall order that the appraiser be added to the appraiser panel of the appraisal management company that was the subject of the complaint without prejudice.
History:
Laws 2009, ch. 214, § 20; 2019, ch. 51, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, eliminated the authority of an appraisal management company to remove an independent appraiser from its appraiser panel without notice during the first month of the independent appraiser being added to the panel; and in Subsection A, deleted "Except within the first thirty days after an independent appraiser is first added to the appraiser panel of an appraisal management company".
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-21 - Enforcement.

A. The board may censure an appraisal management company, conditionally or unconditionally suspend or revoke any registration issued under the Appraisal Management Company Registration Act, levy fines or impose civil penalties not to exceed twenty-five thousand dollars ($25,000) per violation if, in the opinion of the board, an appraisal management company is attempting to perform, has performed or has attempted to perform any of the following acts:
(1) committing any act in violation of the Appraisal Management Company Registration Act;
(2) violating any rule or regulation adopted by the board in the interest of the public and consistent with the provisions of the Appraisal Management Company Registration Act;
(3) procuring a registration, license or certification by fraud, misrepresentation or deceit; or
(4) violating the Real Estate Appraisers Act [Chapter 61, Article 30 NMSA 1978] or the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
B. The board may deny an application for registration for failure to comply with the minimum requirements and criteria as set forth by the Appraisal Management Company Registration Act.
C. Board action relating to the issuance, suspension or revocation of any registration, license or certificate shall be governed by the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]; provided that the time limitations set forth in the Uniform Licensing Act shall not apply to the processing of administrative complaints filed with the board, which shall be governed by federal statute, regulation or policy.
History:
Laws 2009, ch. 214, § 21; 2013, ch. 143, § 7.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided standards for enforcement; and added Subsections B and C.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-22 - Disciplinary hearings.

The board shall conduct adjudicatory proceedings in accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]; provided that:
A. a written notice shall be satisfied by personal service on the controlling person of the registrant or the registrant's agent for service of process in this state or by sending the notice by certified mail, return receipt requested, to the controlling person of the registrant to the registrant's address on file with the board; and
B. a hearing on the charges shall be at a time and place prescribed by the board.
History:
Laws 2009, ch. 214, § 22; 2010, ch. 13, § 6.
ANNOTATIONS
The 2010 amendment,
effective July 1, 2010, in the introductory sentence, after "The board", changed "may" to "shall", and after "in accordance with the", deleted "Administrative Procedures" and added "Uniform Licensing"; deleted former Subsection A, which provided that before taking disciplinary action, the board shall notify the registrant of any changes at least twenty days before the date set for a hearing and shall afford the registrant an opportunity to be heard; deleted former Subsection D, which provided that the board may make findings of fact and shall deliver findings to the registrant charged with the offense; and relettered former Subsections B and C as Subsections A and B.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-23 - Rulemaking authority.

The board may adopt rules that are reasonably necessary to implement, administer and enforce the provisions of the Appraisal Management Company Registration Act, including rules for obtaining copies of appraisals and other documents necessary to audit compliance with the Appraisal Management Company Registration Act.
History:
Laws 2009, ch. 214, § 23.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 214 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 15 - Mortgage Foreclosure Consultant Fraud Prevention › Section 47-15-1 - Short title.

This act [47-15-1 to 47-15-8 NMSA 1978] may be cited as the "Mortgage Foreclosure Consultant Fraud Prevention Act".
History:
Laws 2010, ch. 58, § 1.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 58 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
Severability.
— Laws 2010, ch. 58 § 9 provided if any provision of the Mortgage Foreclosure Consultant Fraud Prevention Act or the application of any of its provisions to any person or circumstance is held to be unconstitutional and void, the remainder of the Mortgage Foreclosure Consultant Fraud Prevention Act remains valid.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 15 - Mortgage Foreclosure Consultant Fraud Prevention › Section 47-15-4 - Rescission of foreclosure consultant contract.

A. In addition to any other right under law to rescind a contract, an owner may rescind a foreclosure consulting contract until midnight of the third business day after the day on which the owner signs a foreclosure consulting contract that complies with the Mortgage Foreclosure Consultant Fraud Prevention Act.
B. Cancellation of a foreclosure consulting contract occurs when an owner gives written notice of cancellation to the foreclosure consultant at the address specified in the contract.
C. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.
D. Notice of cancellation given by an owner need not take the particular form as provided with the contract and, however expressed, is effective if it indicates the intention of the owner not to be bound by the contract.
History:
Laws 2010, ch. 58, § 4.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 58 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
Severability.
— Laws 2010, ch. 58 § 9 provided if any provision of the Mortgage Foreclosure Consultant Fraud Prevention Act or the application of any of its provisions to any person or circumstance is held to be unconstitutional and void, the remainder of the Mortgage Foreclosure Consultant Fraud Prevention Act remains valid.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 15 - Mortgage Foreclosure Consultant Fraud Prevention › Section 47-15-6 - Waiver not allowed.

Any waiver by an owner of the provisions of the Mortgage Foreclosure Consultant Fraud Prevention Act is void and unenforceable as contrary to public policy. Any attempt by a foreclosure consultant to induce an owner to waive the owner's rights under the Mortgage Foreclosure Consultant Fraud Prevention Act is a violation of that act.
History:
Laws 2010, ch. 58, § 6.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 58 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
Severability.
— Laws 2010, ch. 58 § 9 provided if any provision of the Mortgage Foreclosure Consultant Fraud Prevention Act or the application of any of its provisions to any person or circumstance is held to be unconstitutional and void, the remainder of the Mortgage Foreclosure Consultant Fraud Prevention Act remains valid.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 15 - Mortgage Foreclosure Consultant Fraud Prevention › Section 47-15-7 - Remedies.

A. A violation of the Mortgage Foreclosure Consultant Fraud Prevention Act constitutes an unfair trade practice pursuant to the Unfair Practices Act [Chapter 57, Article 12 NMSA 1978].
B. A prevailing plaintiff in a suit for violation of the Mortgage Foreclosure Consultant Fraud Prevention Act may recover actual damages, reasonable attorney fees and costs and appropriate equitable relief.
C. The rights and remedies provided in Subsection A of this section are cumulative to, and not a limitation of, any other rights and remedies provided by law. Any action brought pursuant to this section must be commenced within four years from the date of the alleged violation.
D. In addition to any other damages, a court may award exemplary damages up to three times the compensation charged by the foreclosure consultant if the court finds that the foreclosure consultant violated a provision of Section 5 [47-15-5 NMSA 1978] of the Mortgage Foreclosure Consultant Fraud Prevention Act and that the foreclosure consultant's conduct was willful or in bad faith.
E. Notwithstanding any other provision of this section, no action may be brought on the basis of a violation of the Mortgage Foreclosure Consultant Fraud Prevention Act, except by an owner against whom the violation was committed or by the attorney general.
History:
Laws 2010, ch. 58, § 7.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 58 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
Severability.
— Laws 2010, ch. 58 § 9 provided if any provision of the Mortgage Foreclosure Consultant Fraud Prevention Act or the application of any of its provisions to any person or circumstance is held to be unconstitutional and void, the remainder of the Mortgage Foreclosure Consultant Fraud Prevention Act remains valid.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 15 - Mortgage Foreclosure Consultant Fraud Prevention › Section 47-15-8 - Penalty.

A person who commits a violation of the provisions of Section 5 [47-15-5 NMSA 1978] of the Mortgage Foreclosure Consultant Fraud Prevention Act is guilty of a fourth degree felony and, upon conviction, shall be sentenced pursuant to Section 31-18-15 NMSA 1978. Each violation of the provisions of Section 5 of the Mortgage Foreclosure Consultant Fraud Prevention Act constitutes a distinct offense. The attorney general or the district attorney for the district in which the violation arose may prosecute any violation of Section 5 of the Mortgage Foreclosure Consultant Fraud Prevention Act. Prosecution or conviction for any violation described in Section 5 of the Mortgage Foreclosure Consultant Fraud Prevention Act does not bar prosecution or conviction for any other offenses. These penalties are cumulative to any other remedies or penalties provided by law.
History:
Laws 2010, ch. 58, § 8.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 58 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
Severability.
— Laws 2010, ch. 58 § 9 provided if any provision of the Mortgage Foreclosure Consultant Fraud Prevention Act or the application of any of its provisions to any person or circumstance is held to be unconstitutional and void, the remainder of the Mortgage Foreclosure Consultant Fraud Prevention Act remains valid.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 16 - Homeowner Association › Section 47-16-1 - Short title.

Chapter 47, Article 16 NMSA 1978 may be cited as the "Homeowner Association Act".
History:
Laws 2013, ch. 122, § 1; 2015, ch. 104, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14 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. Laws 2013, ch. 122, § 15 formerly appeared as a compiler's note in Chapter 47, Article 7E §§ 1 through 14.
The 2015 amendment,
effective July 1, 2015, changed the statutory reference of the Homeowner Association Act; and deleted "This act" and added "Chapter 47, Article 16 NMSA 1978".
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 16 - Homeowner Association › Section 47-16-3 - Creation of a homeowner association.

An association pursuant to the Homeowner Association Act shall be organized in accordance with the laws of the state and be identified in a recorded declaration. The membership of the association shall consist exclusively of all lot owners in the development.
History:
Laws 2013, ch. 122, § 3.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013.
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14 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 16 - Homeowner Association › Section 47-16-4 - Recording or filing of homeowner association notice and declaration.

A. An association organized after July 1, 2013 shall record a notice of homeowner association in the office of the county clerk of the county or counties in which the real property affected thereby is situated no later than thirty days after the date on which the association's declaration is recorded as provided in Section 3 [47-16-3 NMSA 1978] of the Homeowner Association Act.
B. An association organized prior to July 1, 2013 shall, before June 30, 2014, record a notice of homeowner association in the office of the county clerk of the county or counties in which the development is situated.
C. A notice of homeowner association pursuant to Subsection A or B of this section shall fully and accurately disclose the name and address of the association and any management company charged with preparation of a disclosure certificate and shall contain the recording data for the subdivision plat and the declaration governing the lots within the development. A notice of homeowner association pursuant to Subsection A of this section shall also include the public regulation commission number, if any, of the association.
D. If an association fails to record a notice of homeowner association pursuant to this section, the association's authority to charge an assessment, levy a fine for late payment of an assessment or enforce a lien for nonpayment of an assessment shall be suspended until the notice of homeowner association is recorded.
History:
Laws 2013, ch. 122, § 4.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013.
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14 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 16 - Homeowner Association › Section 47-16-6 - Duties of a homeowner association.

A. The association shall exercise any powers conferred to the association in the community documents.
B. The association shall have a lien on a lot for any assessment levied against that lot or for fines imposed against that lot's owner from the time the assessment or fine becomes due. If an assessment is payable in installments, the full amount of the assessment shall be a lien from the time the first installment becomes due. The association's lien may be foreclosed in like manner as a mortgage on real estate.
C. Recording the declaration constitutes notice recorded in the office of the county clerk in the county or counties in which any part of the real property is located and perfection of the lien.
D. Upon written request by a lot owner, the association shall furnish a recordable statement setting forth the amount of unpaid assessments against the lot owner's lot. The statement shall be furnished within ten business days after receipt of the request and is binding on the association and the board.
History:
Laws 2013, ch. 122, § 6.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013.
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14 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 16 - Homeowner Association › Section 47-16-8.1 - Removal of board members.

Unless a process for removal of board members is provided for in the community documents, the lot owners, by a two-thirds' vote of all lot owners present and entitled to vote at a lot owner meeting at which a quorum is present, may remove a member of the board.
History:
Laws 2019, ch. 30, § 8.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 30, § 11 made Laws 2019, ch. 30 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 16 - Homeowner Association › Section 47-16-9 - Proxy and absentee voting; ballot counting.

A. The association shall provide for votes to be cast in person, by absentee ballot or by proxy and may provide for voting by some other form of delivery.
B. Vote by proxy is allowed for lot owner meetings. The proxy vote shall:
(1) be dated and executed by a lot owner, but if a lot is owned by more than one person, each owner of the lot may vote or register protest to the casting of votes by the other owners of the lot through a duly executed proxy, but in no case shall the total vote cast be more than that allocated to the lot under the declaration;
(2) allow for revocation if notice of revocation is provided to the person presiding over a lot owner meeting; and
(3) be valid only for the meeting at which it is cast.
C. If proxy voting is utilized at a lot owner meeting, a person shall not pay a company or person to collect proxy votes.
D. Where directors or officers are to be elected by members, the bylaws may provide that such elections may be conducted by mail.
E. Votes cast by proxy and by absentee ballot are valid for the purpose of establishing a quorum.
F. Ballots, if used, shall be counted by a neutral third party or by a committee of volunteers. The volunteers shall be selected or appointed at an open meeting, in a fair manner, by the chair of the board or another person presiding during that portion of the meeting. The volunteers shall not be board members and, in the case of a contested election for a board position, shall not be candidates.
G. Nothing in this section shall be considered in conflict with or a replacement of voting member councils or representative voting systems created by the community documents.
History:
Laws 2013, ch. 122, § 9; 2019, ch. 30, § 4.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, clarified that this section shall not be considered in conflict with or a replacement of voting member councils or representative voting systems created by the community documents; and added Subsection G.
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14 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 16 - Homeowner Association › Section 47-16-10 - Financial audit.

At least every three years, the board shall provide for a financial audit, review or compilation of the association's records in accordance with generally accepted accounting principles by an independent certified public accountant and shall provide that the cost thereof be assessed as a common expense. The audit, review or compilation shall be made available to lot owners within thirty calendar days of its completion.
History:
Laws 2013, ch. 122, § 10; 2019, ch. 30, § 5.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, changed the annual audit requirement to every three years; deleted Subsection A, which required an annual financial audit; deleted subsection designation "B"; in the first sentence of the subsection, deleted "Unless otherwise provided in the community documents, in an association managing a development consisting of fewer than one hundred lots, upon a majority vote of all of the lot owners" and added "At least every three years", and after "association's records", added "in accordance with generally accepted accounting principles by an independent certified public accountant".
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14 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 16 - Homeowner Association › Section 47-16-11 - Contract disclosure statement or disclosure certificate; right of cancellation of purchase contract.

Except as provided in Section 12 [47-16-12 NMSA 1978] of the Homeowner Association Act, a person selling a lot that is subject to an association shall provide in writing a disclosure certificate that states that the lot is located within a development that is subject to an association. If the lot is located within a development that is subject to an association and the association is subject to the Homeowner Association Act:
A. A seller or the seller's agent shall obtain a disclosure certificate from the association and provide it to the purchaser no later than seven days before closing; and
B. A purchaser or the purchaser's agent has the right to cancel the purchase contract within seven days after receiving the disclosure certificate.
History:
Laws 2013, ch. 122, § 11.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013.
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14 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 16 - Homeowner Association › Section 47-16-13 - Purchaser's cancellation of a purchase contract.

If a purchaser elects to cancel a purchase pursuant to Section 11 [47-16-11 NMSA 1978] of the Homeowner Association Act, the purchaser may do so by hand delivering notice of the cancellation to the lot owner or by mailing notice of cancellation, by prepaid United States mail, to the lot owner, or to the lot owner's agent for service of process. Cancellation shall be without penalty, and all payments made by the purchaser before cancellation shall be refunded within fifteen days.
History:
Laws 2013, ch. 122, § 13.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013.
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14 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 16 - Homeowner Association › Section 47-16-14 - Attorney fees and costs.

A court may award attorney fees and costs to any party that prevails in a civil action between a lot owner and the association or declarant based upon any provision of the declaration or bylaws; provided that the declaration or bylaws allow at least one party to recover attorney fees or costs.
History:
Laws 2013, ch. 122, § 14.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013.
Compiler's notes.
— Laws 2013, ch. 122, §§ 1 through 14 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 16 - Homeowner Association › Section 47-16-15 - Applicability.

A. Except as provided in Subsection B of this section, the Homeowner Association Act shall apply to all homeowner associations created and existing within this state.
B. Sections 47-16-9, 47-16-10 and 47-16-14 NMSA 1978 do not apply to homeowner associations created before July 1, 2013 and that have fewer than thirty lots; provided that any amendment to the community documents of an association created before July 1, 2013 shall comply with the Homeowner Association Act.
C. The Homeowner Association Act does not apply to a condominium governed by the Condominium Act [47-7A-1 to 47-7D-20 NMSA 1978].
History:
Laws 2013, ch. 122, § 15; 2015, ch. 104, § 3; 2019, ch. 30, § 7.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 122, § 15 formerly appeared as a compiler's note in Chapter 47, Article 7E §§ 1 through 14.
The 2019 amendment,
effective July 1, 2019, provided that homeowner associations created before July 1, 2013 and have fewer than 30 lots, are exempt from certain provisions of the Homeowner Association Act; in Subsection B, after "July 1, 2013", added "and that have fewer than thirty lots"; and deleted former Subsection C, which provided that certain provisions of the Homeowner Association Act do not invalidate existing provisions of the articles of incorporation, declaration, bylaws or rules of a homeowner association created before July 1, 2013, and redesignated former Subsection D as Subsection C.
The 2015 amendment,
effective July 1, 2015, provided that the flag flying provision in Section 47-16-16 NMSA 1978 invalidates any related provision existing in the articles of incorporation, declaration, bylaws or rules of a homeowner association created before July 1, 2013; in Subsection B, after "Sections", deleted "9, 10, and 14 of the Homeowner Association Act" and added "47-16-9, 47-16-10 and 47-16-14 NMSA 1978"; in Subsection C, after "Sections", deleted "4 and 8 of the Homeowner Association Act, that" and added "47-16-4 and 47-16-8 NMSA 1978 and Section 2 of this 2015 act, the Homeowner Association".
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 16 - Homeowner Association › Section 47-16-16 - Flags.

An association shall not adopt or enforce a restriction related to the flying or displaying of flags that is more restrictive than the applicable federal or state law or county or municipal ordinance.
History:
Laws 2015, ch. 104, § 2.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 104, § 4 made Laws 2015, ch. 104, § 2 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 16 - Homeowner Association › Section 47-16-17 - Meetings of association.

A. The association shall hold an annual meeting at least once every thirteen months.
B. Notwithstanding a provision to the contrary in the community documents, written notice of the meeting stating the time, date and location of the annual meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered electronically, hand-delivered or sent by mail not less than ten and no more than fifty days before the meeting. If sent by mail, the notice shall be deemed to be delivered when addressed to a lot owner at the address as it appears in the association's records and deposited in the United States mail, postage prepaid.
C. Unless a longer period of time is required by an association's community documents, notice of the time, date and location of board meetings and drafts of any proposed policy resolutions shall be provided to lot owners at least forty-eight hours in advance electronically, by conspicuous posting, posting on the association's website or social media or by any other reasonable means as determined by the board.
D. All lot owners shall have the right to attend and speak at all open meetings, but the board may place reasonable time restrictions on those persons speaking.
E. Any portion of a meeting may be closed only if that portion is limited to consideration of:
(1) legal advice from an attorney for the board or association;
(2) pending or contemplated litigation; or
(3) personal, health or financial information about an individual member of the association, an individual employee of the association or an individual contractor for the association.
F. The association shall maintain a written copy of the minutes of all association meetings, including summaries of all agenda items and formal actions taken.
History:
Laws 2019, ch. 30, § 9.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 30, § 11 made Laws 2019, ch. 30 effective July 1, 2019.