HOA Act 2014

By Tom Simon, Managing Member, Westgate Properties, LLC

The New Mexico HOA Act became the law of the land on July 1, 2013 and prior to July 1, 2014, HOAs currently in existence are obligated to record a notice of the association with the county clerk of the county in which the affected real property is located.  How do you do this?

For those who require assistance with this, WestGate Properties can provide you with a form and counsel you on how to do this properly.    The following elements must be included in the Notice:

1.  The name of the association as recorded with the Secretary of State.
2. The address of the homeowners association.
3. The name of the management company, if any, which is responsible for preparing the disclosure certificate.
4. The contact information for the person or entity responsible for preparing the disclosure certificate.
5. The recording date for the subdivision plat. (This will be on the recorded plat.)
6. The recording data for the declaration governing the lots within the development. (This usually refers to the Book and Page, which information is found on the recorded declaration.)
7. The certificate number assigned to the homeowner association by the Secretary of State’s office.  This information can be obtained from the following link,    https://portal.sos.state.nm.us/corps/(S(0td4ntuz2ztic515efpheb4j))/Corplookup/Lookdn.aspx or, go to www.sos.state.nm.us and follow the links.

Once the document is signed by the authorized representative of the homeowners association and the signature acknowledged before a Notary Public, then the document must be recorded with the county.

According to New Mexico State Senator Tim Keller, one of the sponsors of the HOA Act, he may be seeking to clean up certain provisions in the Act.  These issues are legal and technical and too long to include here.  Please contact me if you would like more details.

Tom Simon is a Certified Manager of Community Associations (CMCA), Association Management Specialist (AMS) and Professional Community Association Manager (PCAM) and Managing Member of WestGate Properties LLC.  Email him at tom@westgatepm.com