Protect New Mexico

Your source for environmental information at the NM legislature


An Act Relating To Real Property; Enacting The Homeowner Association Act; Providing For The Formation And Management Of Planned Communities; Requiring Notice And Open Meetings; Providing For Disclosure Of Records; Allowing Audits; Providing For Attorney Fees; Requiring Disclosure Of Homeowner Association Information To Purchasers; Prohibiting Restrictions On The Installation Or Use Of Solar Collectors And Water Conservation Measures

LoadingAdd to My Bills

MOD HB 210

Legislative URL:
HB 210 on
Emergency Clause:
, ,

Related Legislators

Bill Sponsor:

Related Documents

HAGC Committee Report
Fiscal Impact Report

This measure enacts the Homeowners Association Act that will apply to all planned communities established after July 1, 2013. The bill is extensive and includes many provisions regarding the applicability of the Act, the establishment of planned communities, the organization of and procedures for homeowners associations, disclosure statements and resale certificates.

The bill also amends portions of the Municipal Code and the chapter of law governing counties so that municipalities and counties are prohibited from restricting the installation of water conservation measures. Those measures include the use of rain barrels, efficient irrigation systems or low-water-use plants and landscape design. The municipalities and counties may regulate or restrict water conservation measures in historic districts and regulate any water conservation measure deemed to be a threat to public health and safety.

Finally, the bill adds a provision to the property law chapter that sets forth legislative findings regarding the importance of water conservation measures for the state, encouraging the use of solar energy in New Mexico, and stating that it is in the “state’s best interest that its residents not be effectively prohibited in how solar technology and water conservation measures are used on private property.”

That new section (formerly contained in the current municipal code) also declares any covenant, restriction or condition in a deed, contract, security instrument or other instrument involved in the transfer, sale, use of or interest in real property “void and unenforceable” if it effectively prohibits the installation or use of a solar collector or water conservation measures. The bill allows any adverse effect on the cost or efficiency or any impairment to the functioning of solar collectors or water conservation measures to be considered in determining whether there is an effective prohibition.

A potential benefit of this bill might be that homeowners will face fewer obstacles in using solar energy systems and water conservation measures.

Update: On February 7, 2013, HCPAC amended the bill to use the words “effectively prohibit” rather than “restrict” in the portions of the bill stating that a county or municipality may not effectively prohibit the installation of solar collectors or water conservation measures.

Outcome: HB 210 died in the House Judiciary Committee.

Date of Summary:  1/24/13; Updated 2/20/13; Updated 5/16/13