If a declarant or any other person subject to the Condominium Act fails to comply with any provision of that act or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. The court, in an appropriate case, may award reasonable attorney's fees.
History: Laws 1982, ch. 27, § 65.
Compiler's notes. — This section is similar to § 4-117 of the Uniform Condominium Act, with the following main exception: this section of the state Condominium Act deletes "Punitive damages may be awarded for a willful failure to comply with this Act," as it appears following the first sentence of § 4-117 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
This section provides a general cause of action or claim for relief for failure to comply with the act by either a declarant or any other person subject to the act's provisions. Such persons might include unit owners, persons exercising a declarant's rights of appointment pursuant to § 3-103(d) [47-7C-3D NMSA 1978] or the association itself. A claim for appropriate relief might include damages, injunctive relief, specific performance, rescission or reconveyance if appropriate under the law of the state or any other remedy normally available under state law. The section specifically refers to "any person or class of persons" to indicate that any relief available under the state class action statute would be available in circumstances where a failure to comply with this act has occurred. This section specifically permits punitive damages to be awarded in the case of willful failure to comply with the act and also permits attorney's fees to be awarded in the discretion of the court to any party that prevails in an action.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 26.
31 C.J.S. Estates § 153 et seq.
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