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.
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".
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