Antennas and Satellite Dishes (AZ & NM)
Several years ago, the federal government passed laws that allow the Federal Communications Commission (“FCC”) to enact rules that override provisions in associations’ governing documents that prohibit or limit the use of antennas and satellite dishes within their communities. The following are some common questions regarding what an association can and cannot do in relation to governance of antennas and […]
Architectural Guidelines (AZ & NM)
Many associations have provisions in their governing documents that give the association architectural control over any construction, alterations, or additions to the individual lots. Furthermore, if the association has the power of architectural control, it also usually has the power to adopt architectural guidelines. If an association has that type of power, it should keep the following issues in […]
Board Meetings (NM)
Meetings of the Board of Directors are governed by New Mexico law and by the association’s governing documents. However, if the association is a nonprofit corporation, the following rules apply to board meetings for New Mexico nonprofit corporations: Meetings of the board may be held within or without New Mexico and upon such notice as the bylaws may […]
Building Unit Ownership Act (NM)
The Building Unit Ownership Act applies to condominiums formed before the Condominium Act was adopted in New Mexico. Condominiums formed in New Mexico thereafter are governed by the New Mexico Condominium Act. If a condominium is governed by the Building Unit Ownership Act, the following are just some of the relevant provisions of which the association should be aware: In an […]
CC&R Enforcement (AZ & NM)
When an association is created, it is usually created with the power to enforce the restrictions that have been recorded against the property governed by the association. At some point, an association will probably be faced with the need to enforce its governing documents. The question that then arises is whether the association has the power to require the […]
Condominium Act (NM)
The Condominium Act applies to all condominium created within New Mexico after the effective date of the Condominium Act. Since no specific effective date was given, the Act would have gone into effect 90 days after the 1982 legislative session ended. If an association is a condominium formed under the Condominium Act, it should be aware that there are […]
Contract Review (AZ & NM)
Most associations enter into several contracts each year. However, very often associations do not realize the pitfalls that exist in the contracts that they sign until someone is hurt by the actions of the contractor, the contractor fails to perform, or the association attempts to terminate the contract. As part of its duties to its members, the board […]
Fair Housing (NM)
All associations are governed by the federal Fair Housing Act and the New Mexico Human Rights Act. The association needs to be aware of the following requirements based on these laws: 1. Discrimination – Under the Fair Housing Act, the association cannot discriminate in the use of its facilities (or in the treatment of individuals in its community) based […]
Duty of Board Members (NM)
For those New Mexico associations that are nonprofit corporations, the Nonprofit Corporation Act sets forth standards for directors of the association. 1. The director must perform his duties in good faith, in a manner the director believes to be in or not opposed to the best interests of the corporation and with such care as an ordinarily prudent person […]
Handling Conflict In the Community (AZ & NM)
As with any other aspect of life, conflict is likely to arise at some time within the community. The question becomes, how should the association handle conflict when it arises? The following are some suggestions (both practical and legal) as to how to both prevent and handle such conflict. 1. Communicate with your members. Effective communication with the […]