The New Mexico 2013 Legislative Session began on January 15th. We are currently tracking two HOA related bills, Senate Bill (SB) 30 and House Bill (HB) 210. The primary purpose of both bills is to establish a Homeowner Association Act that will provide specific statutory governance for Homeowner Associations. Both bills state that the Homeowner Association Act would apply to planned communities or HOAs established after July 1, 2013. Please note that the Condominium Act already exists in New Mexico (since 1982) and those statutes can be found at the following link: http://www.nmonesource.com/nmpublic/gateway.dll/?f=templates&fn=default.htm
HB 210 was introduced by Representative Mimi Stewart and Senator William Soules. This bill is the latest version of HB 9 that was introduced during the 2011 Legislative Session but was defeated in the Senate. A link to the introduced version of HB 210 is provided below.
SB 30 was introduced by Senator Timothy Keller and Representative Alonzo Baldonado. This bill contains some of the same language as HB 210 regarding the creation of an HOA, its duties and powers, establishes Board members and officers duties, removal of Board members, HOA budgets, provisions for member voting, disclosure of information to members of the HOA, financial audits, disclosure of information to home purchasers, and the recordation of a Notice of Homeowner Association with the applicable county clerk’s office. Unlike HB 210, SB 30 does not address the installation of solar collectors, water conservation measures, open vs. executive session Board meeting requirements or removal of management companies and contractors. Both current versions of these bills also address the timeframe for declarant control of the Board. A link to the introduced version of SB 30 is provided below.
The New Mexico Legislature website is a great resource that provides information on the Legislators (including contact information), the bills, bill status, Committee agendas and calendars, and agendas and calendars for both the House and Senate. Be sure to check it out at http://www.nmlegis.gov/. We will be following the progress of these bills throughout the session and will provide updates on a frequent basis. Other key session dates are as follows:
- February 14 - Deadline for introduction of bills
- March 16 - Session ends (noon)
- April 5 - Legislation not acted upon by governor is pocket vetoed
- June 14 - Effective date of legislation not a general appropriation bill or a bill carrying an emergency clause or other specified date