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
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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
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
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
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 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
A question often arises about whether and/or when board resolutions should be recorded. Here is the analysis that I go through when deciding whether to record
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
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
A question often arises as to whether the president of an association has a right to vote on board matters. In every association of which
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
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
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
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
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
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.
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
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
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
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
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