For volunteer board members
New Mexico HOA Rules for Board Members (2026)
Serving on a New Mexico HOA board means making calls that affect your neighbors, usually with no training. This page sums up what New Mexico law says about the parts boards ask about most, in plain English, with the statute section and an official link beside every rule.
New Mexico homeowner associations under the Homeowner Association Act (NMSA 1978 §§47-16-1 to 47-16-18), which sets the notice, written-statement-or-hearing and majority-vote steps before a fine or suspension. Condominiums follow the Condominium Act instead (fines after notice and an opportunity to be heard); Kindly Board's steps work as a fair process for them too.
- Written hearing notice to the person sent by (14 days before the hearing): NMSA 1978 §47-16-18(F): written notice to the person sought to be fined or suspended 14 days prior to the hearing. Calendar days; send earlier if this lands on a weekend or holiday.
- Board meeting notice to owners by (48 hours before): NMSA 1978 §47-16-17(C): unless your documents require longer, owners get notice of a board meeting at least 48 hours in advance. Kindly Board shows the date two days before; send by the same time of day, or earlier. A hearing held at a board meeting needs this notice too.
Updated October 2026. Not legal advice.
Key New Mexico deadlines at a glance
| Deadline | What the law says |
|---|---|
| Written hearing notice to the person sent by (14 days before the hearing) | NMSA 1978 §47-16-18(F): written notice to the person sought to be fined or suspended 14 days prior to the hearing. Calendar days; send earlier if this lands on a weekend or holiday. NMSA 1978 §47-16-18(F) |
| Board meeting notice to owners by (48 hours before) | NMSA 1978 §47-16-17(C): unless your documents require longer, owners get notice of a board meeting at least 48 hours in advance. Kindly Board shows the date two days before; send by the same time of day, or earlier. A hearing held at a board meeting needs this notice too. NMSA 1978 §47-16-17(C) to (F) |
Which New Mexico law applies
The Homeowner Association Act applies to all homeowner associations created and existing in New Mexico. It doesn't apply to condominiums governed by the Condominium Act. HOAs created before July 1, 2013 with fewer than 30 lots are exempt only from the voting, audit and attorney-fee sections; the rest of the Act, including the fine and hearing steps, applies to them.
Unless your community documents provide otherwise, after written notice and an opportunity to dispute an alleged violation (other than failure to pay assessments), the association may levy reasonable fines and suspend use of common areas and facilities for a reasonable period. Your documents can limit the power to fine, but the hearing step that follows is a “shall” with no such qualifier, so Kindly Board follows it in full.
Before a fine or suspension, the board must give the person it seeks to fine or suspend (owner, tenant or guest) an opportunity to submit a written statement or to have a hearing before the board or a board-appointed committee, with written notice to the person 14 days before the hearing. After the hearing or review of the written statement, no fine or suspension may be imposed unless the board or committee approves it by majority vote. Notice and a hearing aren't required for a violation posing an imminent threat to public health or safety.
The Condominium Act applies to condominiums created after it took effect. Older condominiums stay under the Building Unit Ownership Act unless a resolution approved by a majority of unit owners is recorded; an older condominium follows its declaration and bylaws.
How New Mexico counts days
New Mexico's HOA Act counts the hearing notice as 14 days before the hearing and board-meeting notice as 48 hours ahead; both are minimums, so sending earlier is always fine. Kindly Board counts calendar days and makes no weekend or holiday rollover claim.
Violation notices and the chance to fix in New Mexico
New Mexico law sets no cure (fix-by) period for a violation; your documents control. 10 to 30 days is common practice, not a legal rule.
New Mexico law sets no fine cap, no deadline to request a hearing, no deadline for the written decision and no delivery method for the violation notice (it says “written notice”); your documents control. First-class or certified mail with proof of mailing is good practice, not a rule.
NMSA 1978 §47-16-18 (no cap, request deadline or delivery method set)
Hearings in New Mexico
If the person doesn't request a hearing or submit a written statement, the fine or suspension may be imposed, calculated from the date of the violation.
Condominiums: the association may impose late charges and, after notice and an opportunity to be heard, levy reasonable fines. The Condominium Act sets no hearing timeline, so Kindly Board's steps are a fair process, not a condominium requirement.
Fines in New Mexico
With the annual budget, the board must give owners a statement listing all fees and fines the association or its management company may charge.
Assessments, late fees and liens in New Mexico
If an association hasn't recorded its notice of homeowner association, its authority to charge an assessment, levy a fine for late payment of an assessment or enforce a lien for nonpayment of an assessment is suspended until it is recorded.
An HOA has a lien for assessments and fines from the time they are due; recording the declaration perfects it, and it is foreclosed like a mortgage. On an owner's written request, a recordable statement of unpaid assessments is due within 10 business days after receipt, binding on the association. A condominium's lien also covers assessments and fines, and is extinguished unless proceedings begin within 3 years after the full amount is due. Talk to a New Mexico attorney before any lien step.
Meetings and votes in New Mexico
Unless your documents require longer, notice of board meetings (time, date and location) and drafts of proposed policy resolutions must go to owners at least 48 hours in advance, electronically, by conspicuous posting, on a website or social media, or by other reasonable means. All owners may attend and speak at open meetings, with reasonable time limits. A portion may be closed only for legal advice from an attorney for the board or association, pending or anticipated litigation, or personal, health or financial information about an individual member, employee or contractor. Written minutes are kept of all meetings.
An annual meeting must be held at least once every 13 months. Written notice of annual and special meetings (time, date, location, and the purpose of a special meeting) goes out electronically, by hand or by mail not less than 10 nor more than 50 days before, notwithstanding the documents.
Each new board member must certify in writing within 90 days of election or appointment that they have read the documents and will uphold them and discharge their duties, or be suspended until it is filed.
Records in New Mexico
Records must be available for examination during regular business hours within 10 business days of a written request, with no fee to review and copies at no more than 10 cents a page; they include minutes for the past five years (not executive sessions) and actions of committees acting for the board. If records aren't provided within 10 business days, a willful failure is presumed and the owner gets the greater of actual damages or $50 per calendar day, starting on the 11th business day. Condominium records must be reasonably available to unit owners.
Flags, signs, solar and other owner rights
An association may not adopt or enforce a flag restriction more restrictive than applicable federal or state law or county or municipal ordinance, and federal law (Pub. L. 109-243) protects display of the U.S. flag, subject to reasonable time, place and manner restrictions. A covenant in an instrument effective after July 1, 1978 that effectively prohibits installing or using a solar collector is void (NMSA 1978 §3-18-32(B)). From July 1, 2026 an HOA may not effectively prohibit or unreasonably restrict use of a lot as a registered or licensed child care home, or charge it fees not charged to all lots (cost-based fees imposed uniformly excepted); uniform rules on parking, noise, safety, appearance and common areas may still apply. New Mexico sets no architectural-review deadline and no HOA rule on EV chargers or political signs; your documents control.
NMSA 1978 §§47-16-16, 47-16-18(B) to (D), (I); §3-18-32(B); Pub. L. 109-243
Other rules boards should know
Owners and the association may use mediation, arbitration and other non-litigation processes, including where the community documents require them.
Step by step: a New Mexico violation case
The order Kindly Board walks a New Mexico board through, from the first look to the last letter.
- Check before you start Every case
Make sure the New Mexico Act fits, find the rule, and know who you'd fine. - Courtesy reminder Optional
A friendly first note before any formal notice. - Written notice of violation Before any fine or suspension
Written notice and an opportunity to dispute: the rule, the facts, a fix-by date and the written-statement-or-hearing choice. - Written statement or hearing Before any fine or suspension
14 days' written notice of the hearing to the person; or review of their written statement. - Board (or committee) vote on the fine Before a fine or suspension
Majority vote after the hearing or statement, at a noticed meeting. - Notice of fine After the vote
Amount, due date, how to pay, and the rule behind it. - Close the case Every case
Record how it ended and keep the file.
New Mexico HOA rules: FAQ
What HOA law applies in New Mexico?
New Mexico homeowner associations under the Homeowner Association Act (NMSA 1978 §§47-16-1 to 47-16-18), which sets the notice, written-statement-or-hearing and majority-vote steps before a fine or suspension. Condominiums follow the Condominium Act instead (fines after notice and an opportunity to be heard); Kindly Board's steps work as a fair process for them too. The main sources: the Homeowner Association Act (NMSA 1978 §§47-16-1 to 47-16-18).
How are days counted for New Mexico HOA deadlines?
Hearing notice: at least 14 days before the hearing. Board-meeting notice: at least 48 hours ahead. Send earlier if a date lands on a weekend or holiday. If a deadline falls on a weekend or holiday, ask a New Mexico attorney.
What are the key deadlines in a New Mexico HOA violation case?
Written hearing notice to the person sent by (14 days before the hearing): NMSA 1978 §47-16-18(F): written notice to the person sought to be fined or suspended 14 days prior to the hearing. Calendar days; send earlier if this lands on a weekend or holiday. (NMSA 1978 §47-16-18(F)) Board meeting notice to owners by (48 hours before): NMSA 1978 §47-16-17(C): unless your documents require longer, owners get notice of a board meeting at least 48 hours in advance. Kindly Board shows the date two days before; send by the same time of day, or earlier. A hearing held at a board meeting needs this notice too. (NMSA 1978 §47-16-17(C) to (F))
What does New Mexico law say about HOA fines?
With the annual budget, the board must give owners a statement listing all fees and fines the association or its management company may charge. (NMSA 1978 §47-16-7(F))
What does New Mexico law say about violation hearings?
If the person doesn't request a hearing or submit a written statement, the fine or suspension may be imposed, calculated from the date of the violation. (NMSA 1978 §47-16-18(G))