2020 New Mexico Statutes
Chapter 47 - Property Law
Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums
Section 47-7B-15 - Use for sales purposes.

A declarant may maintain sales offices, management offices and models in units or on common elements in the condominium if the declaration so provides. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. The provisions of this section are subject to the provisions of other state law and to local ordinances.

History: Laws 1982, ch. 27, § 27.

Compiler's notes. — This section is similar to § 2-115 of the Uniform Condominium Act, with the following main exceptions: this section of the state Condominium Act deletes "only" which appears after "condominium" in § 2-115 of the Uniform Condominium Act; this section deletes "and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof," which appears after "provides" in the first sentence of § 2-115 of the Uniform Condominium Act; this section deletes the entire second sentence of § 2-115 as it appears in the Uniform Condominium Act, which deals with the designation of sales offices by the declaration.

COMMISSIONERS' COMMENT

1. This section prescribes the circumstances under which portions of the condominium - either units or common elements - may be used for sales offices, management offices or models. The basic requirements is that the declarant must describe his rights to maintain such offices in the declaration. There are no limitations on that right, so that either units owned by the declarant or other persons, or the common elements themselves, may be used for that purpose. Typical common element uses might include a sales booth in the lobby of the building, or a trailer or temporary building located outside the buildings on the grounds of the property.

2. In addition, this section contains a permissive provision permitting advertising on the common elements. The declarant may choose to limit his rights in terms of the size, location or other matters affecting the advertising. The act, however, imposes no limitation. At the same time, the last sentence of the section recognizes that state or local zoning or other laws may limit advertising, both in terms of size and content of the advertising, or the use of the units or common elements for such purposes. This section makes it clear that local law would apply in those cases.

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

31 C.J.S. Estates § 153 et seq.