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2018 New Mexico Statutes
Chapter 47 - Property Law
Article 16 - Homeowner Association
Section 47-16-15 - Applicability.

Universal Citation: NM Stat § 47-16-15 (2018)
47-16-15. Applicability.

A. Except as provided in Subsections B and C 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; provided that any amendment to the community documents of an association created before July 1, 2013 shall comply with the Homeowner Association Act.

C. Except as provided in Sections 47-16-4 and 47-16-8 NMSA 1978 and Section 2 of this 2015 act [47-16-16 NMSA 1978], the Homeowner Association Act does not invalidate existing provisions of the articles of incorporation, declaration, bylaws or rules of a homeowner association created before July 1, 2013.

D. The Homeowner Association Act does not apply to a condominium governed by the Condominium Act [47-7A-1 through 47-7D-20 NMSA 1978].

History: Laws 2013, ch. 122, § 15; 2015, ch. 104, § 3.

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 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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