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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Homeowner Association Act)
New Mexico planned-community HOAs are generally governed by the Homeowner Association Act (NMSA 1978, Sections 47-16-1 to -18), which focuses largely on disclosure and governance and generally does not set its own percentage for amending covenants. The owner-approval threshold to amend a declaration or CC&Rs is therefore generally the one stated in your recorded declaration (often two-thirds or 75 percent), and that recorded document generally controls. The Act does generally require that amendments to community documents comply with its rules, and amendments are typically recorded with the county clerk to take effect.
Condominiums (Condominium Act)
New Mexico condominiums created on or after the Act's 1982 effective date are generally governed by the Condominium Act (NMSA 1978, Sections 47-7A-1 to 47-7D-20). The Act generally requires the votes of unit owners holding at least 67 percent of the association's votes to amend the declaration, or any larger majority the declaration specifies (NMSA 1978, Section 47-7B-17). Each amendment generally must be recorded in every county where the condominium sits and is generally effective only upon recordation.
How the vote can run
For planned-community HOAs, the Act generally requires the association to allow voting in person, by absentee ballot, and by proxy, and it may permit some other form of delivery such as electronic ballots (NMSA 1978, Section 47-16-9). Ballots are generally counted by a neutral third party or a volunteer committee that excludes board members and, in contested elections, candidates, and no one may generally be paid to collect proxies. Condominium votes may generally be cast by proxy and, where the bylaws allow, by absentee or mailed ballot, with meeting notice generally given 10 to 60 days ahead (NMSA 1978, Sections 47-7C-8, 47-7C-10).
Before we quote
New Mexico details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful New Mexico vote has to answer.
Two different statutes can apply: the Homeowner Association Act (NMSA 1978, Sections 47-16-1 to -18) for planned communities and the Condominium Act (NMSA 1978, Sections 47-7A-1 to 47-7D-20) for condominiums.
For planned communities, New Mexico generally sets no statutory amendment percentage, so your recorded declaration's threshold (commonly two-thirds or 75 percent) generally controls.
For condominiums, the default is generally at least 67 percent of association votes, or any higher majority the declaration requires (NMSA 1978, Section 47-7B-17).
Some condominium changes generally need unanimous consent, such as changing unit boundaries, allocated interests, the uses a unit is restricted to, or creating or increasing declarant rights (NMSA 1978, Section 47-7B-17).
Planned-community associations generally must offer in-person, absentee, and proxy voting and may add electronic (other form of delivery) voting (NMSA 1978, Section 47-16-9).
New Mexico generally requires neutral ballot counting by a neutral third party or a volunteer committee that excludes board members and candidates, and generally prohibits paying anyone to collect proxies (NMSA 1978, Section 47-16-9).
Amendments generally become effective only when recorded with the county clerk where the property sits, and New Mexico has no separate state HOA or condominium filing agency (NMSA 1978, Sections 47-7B-17, 47-16-4).
Small, older HOAs created before July 1, 2013 with fewer than 30 lots are generally exempt from some provisions, though their amendments still must comply with the Act (NMSA 1978, Section 47-16-15).
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