New Mexico Community Association Laws
HOA (Ch. 47-16), Condominiums (Ch. 47-7A–7D + legacy 47-7), Mobile Home Parks (Ch. 47-10) and UORRA (Ch. 47-8), corporate acts (Ch. 53-8/53-11). Reference hub
New Mexico takes a light-touch, disclosure-first approach. The Homeowner Association Act sets baseline record access, meeting, budget and resale-disclosure rules; the modern Condominium Act (47-7A–7D) governs how condos are created and managed, with the older Building Unit Ownership Act (47-7) still relevant for legacy condos. There’s no state HOA or condo ombudsman and no CAM-specific license; enforcement is mostly through notices and the courts. A unique wrinkle: certain HOA assessments/dues qualify for a gross receipts tax exemption under statute and rule (7-9-20; 3.2.108.8 NMAC).
At a glance
- HOAs: Ch. 47-16 (records, budgets, meetings, proxy/absentee voting, flags, enforcement).
- Condominiums: 47-7A–7D (creation, management, liens). Older condos may reference 47-7.
- Mobile Home Parks: Ch. 47-10 (tenancy, terminations, rent increases, ADR) alongside UORRA 47-8 for general landlord-tenant.
- Cooperatives: Incorporated under Cooperative Association Act (Ch. 53-4) (no separate housing-coop property act).
- Corporate form: Most associations are under Nonprofit Corp. Act (Ch. 53-8); some use Business Corp. Act (Ch. 53-11).
- CAMs: No CAM-specific state license; real-estate broker licensing is separate (see NMREC).
Primary Statutes
Homeowner Association Act — Chapter 47, Article 16
Record disclosure, meeting & voting rules, budgets/audits, resale disclosures, flags, enforcement.
Condominium Act — Chapter 47, Articles 7A–7D
How condos are created (7B), managed (7C), and protected (7D); general provisions (7A).
7A: General Provisions ·
7B: Creation ·
7C: Management ·
7D: Protection of Purchasers
Legacy Condominiums — Building Unit Ownership Act (47-7)
Applies to older condominiums established under pre-UCIOA rules.
Mobile Home Park Act — Chapter 47, Article 10
Tenancy rules, termination grounds, rent increase disclosures, meetings, ADR, utilities.
Uniform Owner-Resident Relations Act (UORRA) — Chapter 47, Article 8
General landlord-tenant framework often relevant to mobile home residency.
Cooperative Association Act — Chapter 53, Article 4
Organizing and governing cooperative corporations (including housing co-ops).
Corporate Acts — Chapters 53-8 (Nonprofit) & 53-11 (Business)
Entity law (formation, records, directors’ duties, meetings, filings).
53-8: Nonprofit Corporation Act ·
53-11: Business Corporation Act
Popular Sections (direct links)
HOA (Ch. 47-16)
- 47-16-5 — Record disclosure to members
- 47-16-7 — Board members; duties; budget
- 47-16-9 — Proxy & absentee voting; ballot counting
- 47-16-10 — Financial audit
- 47-16-12 — Resale disclosure certificate
- 47-16-16 — Flags
- 47-16-17 — Meetings of association
- 47-16-18 — Enforcement of covenants; dispute resolution
Condominium (47-7C Management)
Administrative Rules (New Mexico Administrative Code)
New Mexico does not have condo/HOA-specific oversight rules like Florida’s 61B. Two areas commonly relevant:
HOA Gross Receipts Tax
Manufactured Housing (Title 14)
Community Association Managers (CAM) — Licensing
Is a CAM license required in New Mexico?
- No CAM-specific license. New Mexico doesn’t license community association managers separately. (See CAI overview and industry summaries.)
- Real-estate broker licensing (sales/leasing) is handled by the NM Real Estate Commission (NMREC) and is distinct from association management.
CAI — State law overview
NMREC — Overview & contact
NMREC — Statutes & rules
Mobile/manufactured housing (trade licensing)
- Dealers, installers, manufacturers, salespersons, and repairmen are licensed by the Manufactured Housing Division (MHD) of RLD.
Governing Documents & Overlays
- Governing documents: Articles, recorded plats, Declaration/CC&Rs, Bylaws, Board Rules/Resolutions.
- Federal overlays: Fair Housing Act; ADA where applicable; FDCPA (collections); FCC OTARD (antennas).
- State overlays: New Mexico Human Rights Act (housing discrimination)—Human Rights Bureau.
- Local overlays: Building, zoning, and manufactured-home placement rules (county/municipal).
- Conflicts: Statutes control over conflicting documents; seek qualified counsel for interpretation.
Useful Contacts
NM Real Estate Commission (NMREC)
- Scope: Licenses/enforces real estate brokers (not CAM-specific).
- Phone: (505) 476-4622
- Email: RLDRealEstate.Comsn@rld.nm.gov
Manufactured Housing Division (RLD)
- Scope: Licenses manufactured-housing dealers/installers; permits & inspections.
- Contacts: Albuquerque (505) 222-9870 · Santa Fe (505) 476-4614 · Las Cruces (575) 270-2433
- Email: mhd.info@rld.nm.gov
- Web: MHD contact page
Human Rights Bureau (Housing)
- Scope: Enforces NM Human Rights Act (housing discrimination).
- Phone: 1-800-566-9471 or (505) 827-6838
- Web: Info & filing
Disclaimer
This page is a general reference and not legal/tax advice. Laws and rules change; verify the current text on the linked sites and consult qualified counsel or a tax professional for your situation.
Last updated: September 9, 2025