2019 New Mexico Statutes
Chapter 47 - Property Law
Article 7D - Condominium Act - Protection of Condominium Purchasers
Section 47-7D-19 - Declarant's obligation to complete and restore.

A. The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans prepared pursuant to Section 21 [47-7B-9 NMSA 1978] of the Condominium Act.

B. The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium affected by the exercise of rights reserved pursuant to or created by Sections 22, 23, 24, 25, 27 and 28 [47-7B-10 to 47-7B-13, 47-7B-15, 47-7B-16 NMSA 1978] of the Condominium Act.

History: Laws 1982, ch. 27, § 67.

Compiler's notes. — This section is substantially similar to § 4-119 of the Uniform Condominium Act.

COMMISSIONERS' COMMENT

1. Subsection (a) [Subsection A] requires the declarant to complete any improvement which the plats or plans indicate, pursuant to the requirements of § 2-109(c) [47-7B-9C NMSA 1978], "MUST BE BUILT." This is a fundamental obligation of the declarant and is one with which a successor declarant is obligated to comply under § 3-104 [47-7C-4 NMSA 1978].

2. Under subsection (b) [Subsection B], in the event that a declarant exercises the right to use an easement which is created by § 2-116 [47-7B-16 NMSA 1978], or in the event the declarant maintains model units or signs on the condominium, the declarant is obligated to restore the portions of the condominiums used to a condition compatible with the remainder of the condominium.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 15, 26, 29, 34.

31 C.J.S. Estates § 153 et seq.