CommonGround in New Mexico
New Mexico HOA compliance, enforced as code
New Mexico's statutory enforcement procedure ships in CommonGround as a versioned rule set. Every requirement below is enforced as code: the legally correct path is the only path the software allows, and every blocked action comes back with the statute citation.
NM-47-16-18-2026.06 · N.M. Homeowner Association Act (§ 47-16-18)
Not legal advice. CommonGround provides compliance guidance, not legal advice. The summaries below are generated from CommonGround's versioned New Mexico rule-set data and require attorney review before you rely on them — consult your association's attorney for legal questions.
What New Mexico law requires — and how CommonGround enforces it
Planned communities (HOAs)
Who decides the fine
Decision body — the board
The hearing (or written-statement review) is before the board or a committee appointed by the board; the fine may be imposed only if the board or committee approves it by majority vote. NMSA 1978, § 47-16-18(C)–(D)
In CommonGround: CommonGround routes the fine decision to the board and requires the recorded decision before any fine is assessed.
Notice, opportunity to be heard, and a recorded decision
If the board or committee, by a majority vote, does not approve a proposed fine or suspension, neither may be imposed. The recorded majority decision is a hard prerequisite. NMSA 1978, § 47-16-18(D)
In CommonGround: The workflow has no path around it: the notice must be sent, the opportunity to be heard must be offered, and the decision must be recorded — in that order — before a fine can exist.
Response, cure, and hearing rights
Hearing notice — at least 14 days
Written notice to the person sought to be fined fourteen days prior to the hearing. This is hearing lead time, NOT a cure period (no statutory cure exists). NMSA 1978, § 47-16-18(C)
In CommonGround: A hearing scheduled sooner than 14 days after its notice is rejected with the citation; the scheduler simply won't offer an illegal date.
Hearing waiver / no-show
If the person fails to request a hearing or submit a written statement after the 14-day notice, the fine may be imposed, calculated from the date of violation (retroactive accrual statutorily contemplated). Recorded as a hearing waiver; the majority decision is still required. NMSA 1978, § 47-16-18(D)
In CommonGround: A recorded waiver or documented no-show satisfies the hearing step, and CommonGround captures exactly which one happened in the audit trail.
Imminent-threat exception
Notice and a hearing are not required for violations that pose an imminent threat to public health or safety. NMSA 1978, § 47-16-18(D)
In CommonGround: The expedited path opens only with a recorded imminent-threat finding — who made it and the written basis — and the finding is preserved in the audit record.
The statutory fine workflow applies 'unless otherwise provided for in the community documents' — a default, not a floor. Where the association's documents define a different process, surface a counsel flag; CommonGround enforces the statutory default. NMSA 1978, § 47-16-18(B) In CommonGround: the statutory default is enforced, and a counsel-review flag is raised when your documents define a different process.
Run your New Mexico association by the book.
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