HOUSE BILL 320
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Alonzo Baldonado
AN ACT
RELATING TO HOMEOWNER ASSOCIATIONS; LIMITING HOMEOWNER ASSOCIATIONS FROM ENACTING OR ENFORCING CERTAIN RESTRICTIONS RELATING TO FLAG FLYING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 47-16-1 NMSA 1978 (being Laws 2013, Chapter 122, Section 1) is amended to read:
"47-16-1. SHORT TITLE.--[This act] Chapter 47, Article 16 NMSA 1978 may be cited as the "Homeowner Association Act"."
SECTION 2. A new section of the Homeowner Association Act is enacted to read:
"[NEW MATERIAL] FLAGS.--An association shall not adopt or enforce a restriction related to the flying or displaying of flags that is more restrictive than the applicable federal or state law or county or municipal ordinance."
SECTION 3. Section 47-16-15 NMSA 1978 (being Laws 2013, Chapter 122, Section 15) is amended to read:
"47-16-15. APPLICABILITY.--
A. Except as provided in Subsections B and C of this section, the Homeowner Association Act shall apply to all homeowner associations created and existing within this state.
B. Sections [9, 10 and 14 of the Homeowner Association Act] 47-16-9, 47-16-10 and 47-16-14 NMSA 1978 do not apply to homeowner associations created before July 1, 2013; provided that any amendment to the community documents of an association created before July 1, 2013 shall comply with the Homeowner Association Act.
C. Except as provided in Sections [4 and 8 of the Homeowner Association Act, that] 47-16-4 and 47-16-8 NMSA 1978 and Section 2 of this 2015 act, the Homeowner Association Act does not invalidate existing provisions of the articles of incorporation, declaration, bylaws or rules of a homeowner association created before July 1, 2013.
D. The Homeowner Association Act does not apply to a condominium governed by the Condominium Act."
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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