Senate Bill 497 and the Homeowner Association Act
NM State Representative Mimi Stewart was the original sponsor of Senate Bill 497. Part of her motivation to introduce the legislation was hearing from constituents about numerous abuses they were experiencing with their homeowners’ associations, and how rules and regulations were being enforced (or not). In one example, NM residents were expected to plant Kentucky bluegrass and maintain it – or face fines. The bill was finally carried by Tim Keller and passed in July 2013, after language was removed that would have allowed residents to recover legal fees from their Association.
*** SB 497 will be re-opened for changes in the 2015 Legislative Session. ***
Make your voice heard – the real estate and developer lobbyists certainly will …. Contact Senator Peter Wirth at firstname.lastname@example.org or call him at 505-988-1668.
SB 497 includes important information about homeowner rights and association responsibilities. If you do not have time to read the entire bill, we recommend familiarizing yourself with at least the following sections.
Section 4: RECORDING OR FILING OF HOMEOWNER ASSOCIATION NOTICE AND DECLARATION (Note: HOAMCO reported this was done – deadline was June 30, 2014)
Section 5: RECORD DISCLOSURE TO MEMBERS — UPDATED INFORMATION (Note: Current record retention policies by HOAMCO do not meet SB 497 requirements – and the BOD passed restrictions on Director’s access to records that violate Association bylaws.)
Section 9: PROXY AND ABSENTEE VOTING — BALLOT COUNTING (Note: Both the 2013 and 2014 elections contained irregularities in proxy and ballot counting. Residents who asked to review records were denied access (see October 8th Comment, Election Fraud, and Election Fix.)