HOUSE BILL 220

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Tara L. Lujan and Joseph L. Sanchez

AN ACT

RELATING TO PROPERTY; ENSURING FIRE MITIGATION BY ALLOWING IGNITION-RESISTANT CONSTRUCTION IN PROPERTY INTERESTS AND LIMITING CONDITIONS THAT POSE FIRE HAZARDS; ALLOWING IGNITION-RESISTANT CONSTRUCTION IN HOMEOWNER ASSOCIATION BYLAWS AND LIMITING CONDITIONS THAT POSE FIRE HAZARDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 47, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] UNREASONABLE RESTRICTIONS ON IGNITION-RESISTANT CONSTRUCTION AND CONDITIONS POSING FIRE HAZARDS PROHIBITED.--

          A. A covenant, restriction or condition contained in a deed, contract, security instrument or other instrument affecting the transfer or sale of or any interest in real property that prohibits or unreasonably restricts ignition-resistant construction or that requires or recommends construction or landscaping that is a fire hazard is void and unenforceable. This subsection does not apply to bona fide safety requirements required by an applicable building code for the protection of persons and property.

          B. As used in this section:

                (1) "fire hazard" means any condition or set of circumstances that increases the likelihood of a fire igniting or spreading; and

                (2) "ignition-resistant construction" means construction or landscaping methods and materials used to mitigate fire hazards that meet the requirements established by the insurance institute for business and home safety."

     SECTION 2. A new section of the Homeowner Association Act is enacted to read:

     "[NEW MATERIAL] RESTRICTIONS ON IGNITION-RESISTANT CONSTRUCTION OR LANDSCAPING PROHIBITED.-- 

          A. A provision in the declaration, bylaws or rules of an association that prohibits or unreasonably restricts the installation, use or maintenance of ignition-resistant construction or that requires or recommends construction or landscaping that is a fire hazard on a lot owner's property is void and unenforceable.

          B. An association may develop standards that impose reasonable restrictions on the design, dimensions, placement or external appearance of ignition-resistant construction so long as the standards do not require a period of review and approval that exceeds sixty days after the date on which the application for review is filed. If an application for ignition-resistant construction is not denied or returned for modifications within sixty days after the application is filed, the application is deemed approved. The review process shall be transparent and the basis for denial of an application shall be described in reasonable detail and in writing. Denial of an application shall not be unreasonable.

          C. Nothing in this section prohibits or restricts an association from adopting bona fide safety requirements that are consistent with applicable building codes or nationally recognized safety standards adopted by the construction industries division of the regulation and licensing department or applicable local government.

          D. As used in this section:

                (1) "fire hazard" means any condition or set of circumstances that increases the likelihood of a fire igniting or spreading; and

                (2) "ignition-resistant construction" means construction or landscaping methods and materials used to mitigate fire hazards that meet the requirements established by the insurance institute for business and home safety."