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Nonprofit Corporation Requirements (NM)

Every association that is formed as a nonprofit corporation in New Mexico must comply with the provisions of the Nonprofit Corporation Act. The following is a summary

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

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

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

Amending the Governing Documents (NM)

Amending an association’s governing documents can be more tricky than an association may expect. When associations are considering amending their governing documents, they need to keep the

Sources of Law (AZ & NM)

There are three primary sources of law: When the association is facing a particular question, it needs to evaluate all three of these sources before making

Rules and Regulations (AZ & NM)

Many associations adopt rules to govern various portions of their community. When an association adopts rules, it needs to understand whether it has the authority to adopt

Mold (AZ & NM)

Mold is becoming a very serious issue for associations, particularly condominiums. The cost of remediating mold can be very expensive. However, mold cannot be ignored, as some

Insurance (AZ & NM)

Appropriate insurance is very important for associations, to protect not only the association as a whole, but the individual board members who are volunteering their time to

Independent Contractors (AZ & NM)

Many associations have questions regarding the hiring of independent contractors. For example, an association may wish to have a handy man perform services around the complex, or

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

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.

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

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

Annual Meetings (AZ & NM)

All nonprofit corporations are required to hold an annual meeting each year. As an association is preparing for its annual meeting, it should make surethat

Age Restricted Communities (AZ & NM)

For an association to be able to prohibit children from living within its community, it must follow the rules and guidelines established by the Department of Housing

Laws Governing HOAs in Arizona (AZ)

Boards often think it’s difficult enough to try to follow the governing documents when fulfilling their duties to their association.  However, that is only the

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