|Home||NM HOA Advocacy||Past Posts||Know your Rights|
Advocating for enforcement and affordable justice
No one has to tell you the risks of living in an HOA. There are thousands of stories around the country from disgruntled homeowners that attest to the disadvantages.
Our authors have first hand experience with abusive board behavior and the prejudicial court and legislature system. We are not attorneys and we don't give legal advice, but we do offer our expertise on our personal experiences and our pro se litigation efforts.
We have seen how the wheels are greased, not in the favor of the homeowner but to feather the pockets of the attorneys, accountants, and management companies and other corporate entities that eagerly wait at the door to "help" at our expense. It's all about economics and the corporate players are exploiting it.
We have been board members and know that fair treatment is possible. When a board lets power and authority get in the way, the members suffer the consequences.
We have followed the rules by attending local government meetings and letting our representatives know of our issues. We have attended the legislative hearings to voice our concerns and explain why it is so important to protect our constitutional rights, and we took our grievance all the way to the NM Supreme Court, but so far our voices carry little impact.
We are facing an increasing system of laws and regulations that protect and financially benefit corporate players. Attorneys, developers, builders, and real estate professionals, write the the HOA laws. Governing documents contract rights of an association are an illusion.You have no rights if a board of directors, the legislature or the courts can take them away or ignore them.
The legislature has avoided incorporating in the Act any substantial penalties, oversight or enforcement mechanisms. We need to wake up to what is happening. We live in HOA's where the playing rules change with each board election or legislative whim. Once laws are in place they are difficult if not impossible to change. We should all continue to push for more protection at the state level. The myth going around is that changing your elected board can make a difference. Maybe in the short term, but not as long as the legislature continues to have the authority to decide what's "best for us," without our input.
TIPS FOR THE HOMEOWNER
Financial Hanky Panky and a couple of ways to watch for it in an HOA. Anytime there is a collective body that has control over financial assets, there is an opportunity for fraud and embezzlement. This goes for nonprofit and for-profit organizations ...more
Why it is important to stay involved and aware of what your HOA is doing? If you live in an HOA, you may be a part owner of common assets of the corporation. Not only does this entitle you to share in the benefits of living in a development, such as private trails and services, it also places you in a position... more
Selling or refinancing your property in an HOA in New Mexico.
When you live in a homeowner’s association (HOA), your property is subject to contractual conditions associated with your neighborhood. These contractual conditions are often referred to as “community documents” and ...more
The Fair Debt Collection Act can affect the Association when contracts are not followed. A reoccurring situation that our agency, as well as other collection agencies face is the request to add-on or collect the collection fees ... more
There comes a time when one must take a position that is neither safe, nor politic, nor popular, but one must take it because it is right.”
—Martin Luther King Jr.
HOA property owners