Overview of New Mexico HOA Law Changes 2021–2025
New Mexico homeowners associations are governed by the New Mexico Homeowner Association Act, NMSA Chapter 47, Article 16, and condominiums by the New Mexico Condominium Act, NMSA Chapter 47, Article 7C. A 2019 amendment (just before this window) already required board member written certification and management-company conflict-of-interest disclosures, effective July 1, 2019. The one relevant bill identified during 2021–2025 addresses lien foreclosure limits, though its enactment status is unclear.
HB 440 — Proposed Foreclosure Restrictions (Status Unclear)
HB 440 would amend NMSA § 47-16-6 (the Homeowner Association Act) to restrict when an HOA can foreclose on a lien: it would bar foreclosure if the lien is less than 12 months delinquent, if the total amount owed is under $5,000, or if the lien consists only of fines. The bill was sponsored by Reps. Tara Lujan and Antonio Maestas, and tracking records show it associated with both the 2023 session and again in a 2025 session context. Because sources conflict on whether this reflects a single bill carried over or a 2025 reintroduction, and no confirmed "signed into law" record was found, boards should treat this as a bill to monitor rather than settled law until verified directly against nmlegis.gov.
Board Action Checklist
- Confirm the current status of HB 440 directly on nmlegis.gov before assuming any foreclosure restrictions based on delinquency age, amount, or fines-only liens are in effect
- Continue to comply with the 2019 board member certification and management-company conflict-of-interest disclosure requirements, which remain in force
- Confirm whether your community is governed by the Homeowner Association Act (§ 47-16) or the Condominium Act (§ 47-7C), since assessment lien provisions differ between them
- Consult New Mexico counsel before assuming any statutory right or requirement not confirmed in NMSA Chapter 47 or your governing documents
How APM Helps New Mexico HOA Boards Stay Compliant
APM's remote HOA management service monitors New Mexico HOA and condominium law updates and provides client boards with compliance guidance and updated policy templates as the law changes. Learn about our New Mexico remote management services. Contact us at billing@apmhoa.com or call 810-777-7060.
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.
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