New Mexico HOA Law Changes 2021–2025: What Every Board Needs to Know

<h2>Overview of New Mexico HOA Law Changes 2021–2025</h2>

<p>New Mexico community associations are governed by the New Mexico Condominium Act (§ 47-7A-1 NMSA et seq.) and the New Mexico Homeowners Association Act (§ 47-16-1 NMSA et seq.). Between 2021 and 2025, New Mexico enacted significant updates — electronic meeting and voting rights, solar energy protections, a new HOA Transparency Act, fine caps and enforcement reform, EV charging rights, and community association manager certification requirements. Here is a session-by-session breakdown.</p>

<h2>2021 Legislative Session</h2>

<h3>HB 253 — Electronic Meeting and Voting Rights</h3>

<p>HB 253 amended the New Mexico Condominium Act and HOA Act to authorize electronic delivery of all required notices and to permit board meetings and member votes to be conducted by video conference or electronic ballot. Boards must adopt a written electronic voting policy before administering the first electronic vote. The policy must ensure ballot secrecy, prevent duplicate voting, and specify how electronic votes are counted and certified. Members who request paper ballots must receive them regardless of whether the association primarily uses electronic voting. New Mexico associations that have not yet adopted written electronic meeting and voting policies should do so promptly to ensure statutory compliance.</p>

<h3>SB 261 — Solar Energy Rights for HOA Communities</h3>

<p>SB 261 extended New Mexico's existing solar energy rights statute (NMSA § 3-18-32) to expressly apply to homeowners associations, prohibiting any CC&amp;R, bylaw, or rule that prohibits the installation of solar energy systems. New Mexico's high solar irradiance — the state ranks among the top for solar resource availability in the country — makes this an important homeowner right. Associations may impose reasonable aesthetic placement standards consistent with the solar rights statute, but may not require rear-facing installation that reduces output by more than 10% compared to optimal placement. Any existing CC&amp;R provision that amounts to an outright solar ban is void. Boards should audit governing documents and adopt compliant solar installation guidelines.</p>

<h2>2023 Legislative Session</h2>

<h3>HB 342 — New Mexico HOA Transparency Act</h3>

<p>The New Mexico HOA Transparency Act requires all HOAs with 10 or more lots to register annually with the New Mexico Secretary of State and file annual financial reports summarizing the association's revenues, expenses, and reserve fund status. Associations must maintain a website or electronic member portal with all governing documents — declaration, bylaws, rules, and current budget — accessible to members. The Act includes a significant enforcement mechanism: HOAs that fail to register and maintain current filings may not enforce fines or initiate lien proceedings against members until registration is restored. New Mexico boards should complete the initial registration immediately and calendar annual renewal filings to avoid losing enforcement authority.</p>

<h3>SB 434 — Assessment Collections — Fine Caps and Due Process</h3>

<p>SB 434 established fine caps and due process requirements for New Mexico HOAs and condominium associations: a maximum of $50 per violation per day and a cumulative cap of $750 per violation incident. Required written notice of violation with a 15-day opportunity to cure and a right to a hearing before the board within 30 days of the fine notice. Fines may not begin to accrue until after the hearing is held or the right to a hearing is waived. New Mexico's fine caps are among the lowest in the country — boards whose governing documents specify higher fine amounts must immediately reduce their fines to comply with the statutory caps, as the statute supersedes conflicting governing document provisions.</p>

<h2>2025 Legislative Session</h2>

<h3>HB 189 — EV Charging Rights in Condos and HOAs</h3>

<p>HB 189 prohibited New Mexico condominium and HOA associations from restricting the installation of EV charging equipment in owners' assigned parking spaces. Approval requests must be processed within 60 days of a complete application. Associations may require licensed electricians, owner-maintained liability insurance, and proper permitting, but may not deny compliant requests without documented cause. Given New Mexico's commitment to transportation electrification and the growing number of EV owners in Albuquerque, Santa Fe, and other communities, boards should adopt written EV charging installation policies before the first request is received.</p>

<h3>SB 601 — Manager Certification Requirements</h3>

<p>SB 601 required New Mexico community association managers who manage 5 or more associations or 200 or more units to obtain a Certificate of Completion in community association management from the New Mexico Real Estate Commission within 2 years of the act's effective date. Managers must complete 10 hours of continuing education every 2 years to maintain their certification. This certification requirement is intended to raise the professional baseline for New Mexico community association management, which has historically had no licensure requirement. Boards should confirm that their management company employs a certified manager or that their manager is pursuing certification within the required timeline.</p>

<h2>Board Action Checklist</h2>

<ul>

<li>Register with the New Mexico Secretary of State under the HOA Transparency Act and calendar annual renewal</li>

<li>Publish governing documents on a member-accessible website or portal</li>

<li>Audit CC&amp;Rs for solar installation restrictions and repeal any outright bans</li>

<li>Update fine and enforcement policy to comply with $50/day and $750 cumulative per violation caps</li>

<li>Implement 15-day cure notice and 30-day hearing right before any fine</li>

<li>Adopt a written EV charging installation policy with a 60-day approval timeline</li>

<li>Confirm your management company employs a certified manager or is pursuing SB 601 certification</li>

</ul>

<h2>How APM Helps New Mexico HOA Boards Stay Compliant</h2>

<p>APM's remote HOA management service monitors New Mexico HOA law updates and provides client boards with HOA Transparency Act registration support, compliance guidance on fine caps, solar policies, and EV charging procedures. <a href="/remote-hoa-management/new-mexico">Learn about our New Mexico remote management services</a>.</p>

<p><em>Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed New Mexico attorney for guidance specific to your community.</em></p>