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 of some of the requirements of the Nonprofit Corporation Act:
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 […]
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 […]
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 […]
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 following factors in mind: The association needs to evaluate each governing document separately to see what the specific amendment requirement is of that document. Often, the amendment requirement for the declaration (or […]
Whether to Record Board Resolutions (AZ & NM)
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 a board resolution:
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 a decision.
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 a particular rule. When the association is considering adopting rules to govern the community, it should keep the following information in mind:
The President’s Role on the Board (AZ & NM)
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 we are aware, the board president is also a member of the board. As such, he or she has the right to vote as any other board member. Furthermore, many […]
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 forms of mold can cause health problems. Therefore, the association should consider the following possible actions in addressing the issue of mold: