HM 65

Page 1

A MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO DIRECT THE

APPROPRIATE INTERIM COMMITTEE TO STUDY HOMEOWNERS'

ASSOCIATIONS.

WHEREAS, the primary purpose of a homeowners'

association is to manage a neighborhood's common areas, such

as roads, parks and pools; and

WHEREAS, some homeowners' associations have assumed much

broader powers; and

WHEREAS, homeowners' associations are distinguished from

other community associations, including neighborhood

associations, by their ability to assess dues, to impose

regulations on things such as a home's appearance and to levy

fines on homeowners who violate those regulations; and

WHEREAS, as homeowners' associations become more

prevalent in New Mexico, New Mexicans are entitled to fair

covenants, conditions and restrictions when they purchase

property governed by a homeowners' association;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico

legislative council be requested to direct the appropriate

interim committee to study homeowners' associations in New

Mexico, including the reviewing of state statutes relating to

homeowners' associations; reviewing homeowner complaints,

HM 65

Page 2

lawsuits or other controversies relating to homeowners'

associations in New Mexico; and researching responses to

similar problems of homeowners' associations in other states;

and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the co-chairs of the New Mexico legislative

council.