Chapter 47, Chapter 47

The management shall adopt rules and regulations concerning all residents' use and occupancy of the premises. The rules and regulations are enforceable against a resident only if: A. they are submitted to tenants for their comment sixty days prior to the rules being implemented; …

physical improvements. A. The management shall notify mobile home park residents of proposed new rules or amendments to existing rules at least sixty days prior to the effective date of the new or amended rules. The management shall allow residents a thirty-day comment period on …

authorized. A. The management of a new mobile park or manufactured housing community development may require as a condition of leasing a mobile home site or manufactured home site for the first time such site is offered for lease that the prospective lessee has purchased a mobile…

actions. A. In any civil dispute between the management and a resident of a mobile home park arising out of the provisions of the Mobile Home Park Act, except for nonpayment of rent or utility charges or in cases in which the health or safety of other residents is in imminent dan…

Unless a provision of the Mobile Home Park Act directly conflicts with the provisions of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978], the provisions of the Uniform Owner-Resident Relations Act shall apply to mobile home park owners and residents. Histor…

A. A landlord shall fully and accurately disclose in writing to a resident an increase in rent. The disclosure shall be provided to a resident at least sixty days prior to implementation of an increase in rent. B. Upon receiving a written request from a resident or prospective re…

As used in the Mobile Home Park Act: A. "landlord" or "management" means the owner or any person responsible for operating and managing a mobile home park or an agent, employee or representative authorized to act on the management's behalf in connection with matters relating to t…

A. Mobile home park owners shall be responsible for maintaining all park-owned exterior utility lines from the mobile home hookups to the main lines in the park, except lines that are damaged by a resident. B. When a landlord purchases utility services for residents, the charge f…

disclosure requirement. A. A landlord may charge residents a reasonable fee to offset the cost of administration incurred by a landlord when he provides utility services to residents. B. The amount of the administrative fee for utility services shall be fully and accurately discl…

When a landlord purchases utility services for residents, he shall provide residents with a monthly itemized bill that includes: A. a separate listing of charges for each utility service; B. the amount consumed and the cost per unit for each utility service; provided, that when i…

A. For each violation by a landlord of the provisions of Sections 47-10-19 through 47-10-22 NMSA 1978 a landlord may be charged a civil penalty not to exceed five hundred dollars ($500). B. The remedies provided in this section are not exclusive and do not limit the rights or rem…

A. No tenancy or other lease or rental occupancy of space in a mobile home park shall commence without a written lease or rental agreement, and no tenancy in a mobile home park shall be terminated until a notice to quit has been served upon the mobile home resident. The notice to…

A. The action for termination shall be commenced and prosecuted in the manner described in the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978]. The property description shall be deemed legally sufficient if it states: (1) the name of the landlord or of the mobi…

A tenancy shall be terminated pursuant to the Mobile Home Park Act only for one or more of the following reasons: A. failure of the tenant to comply with local ordinances and state laws and regulations concerning mobile homes; B. conduct of the tenant on the premises which consti…

Any tenancy or other estate at will or lease in a mobile home park may be terminated upon the landlord's written notice to the tenant requiring, in the alternative, payment of rent and utility charges or the removal of the tenant's unit from the premises, within a period of not l…

Common areas of a mobile home park shall be open to all residents of the mobile home park at all reasonable times subject to such conditions and limitations as are imposed by written regulations of the mobile home park owner or management. Meetings of tenants relating to mobile h…

The owner of a mobile home park or his agents may charge a security deposit not greater than the amount of one month's rent or two months' rent for multiwide units. History: Laws 1983, ch. 122, § 8.

A. Upon granting judgment for possession by the landlord in a forcible entry and detainer action, the court shall issue the writ of restitution as provided in Section 47-8- 46 NMSA 1978. B. The notice of judgment shall state that at a specified time, not less than forty- eight ho…

This act [47-11-1 to 47-11-13 NMSA 1978] may be cited as the "New Mexico Time Share Act". History: Laws 1986, ch. 97, § 1.

The Securities Act of New Mexico shall apply to time shares deemed to be investment contracts or to other securities offered with or incident to a time share. History: Laws 1986, ch. 97, § 11.

registration; renewal; reinstatement; termination of developer's interest. A. Prior to the offering in this state of any time share located in this state, the developer of the time share project shall make written application to the commission for the registration of the project.…

projects; financial report to secretary of state. A. The executive secretary of the commission shall keep a register of all applicants for certificates of registration, showing for each the date of application, name, business address and whether the certificate was granted or ref…

A. The commission shall have power to take disciplinary action. Upon its own motion, or on the verified complaint of any person, the commission may investigate the actions of any time share broker or salesperson or any developer of a time share project registered under the New Me…

The provisions of the New Mexico Time Share Act shall not be construed to limit in any manner the right of a purchaser or other person injured by a violation of the New Mexico Time Share Act to bring a private action. History: Laws 1986, ch. 97, § 15.

A. Prior to the recordation of any instrument transferring a time share, the developer shall record or furnish to the purchaser a release of all liens affecting that time share or shall provide a surety bond or insurance against the lien from a company acceptable to the commissio…

As used in the New Mexico Time Share Act: A. "commission" means the New Mexico real estate commission; B. "developer" means any person creating or engaged in the business of selling ten or more of its own time shares and includes any person who controls, is controlled by or is in…

salesperson license required. A. It shall be unlawful for any person in this state to engage or attempt to engage in the business of a time share salesperson without first obtaining a real estate broker or salesperson license issued by the New Mexico real estate commission under …

A. A time share is deemed to be an interest in real estate and shall be governed by the law of this state relating to real estate. B. A purchaser of a time share may, in accordance with Section 14-9-1 NMSA 1978, record the instrument by which he acquired his interest and upon suc…

Each developer shall fully and conspicuously disclose to each purchaser in a disclosure statement at least the following information: A. the total financial obligation of the purchaser, including the initial purchase price and any additional charges to which the purchaser may be …

A. A developer shall, before conveyance of a time share and not later than the execution of any contract of sale, provide a purchaser with a copy of a disclosure statement containing the information required by the New Mexico Time Share Act. The contract of sale is voidable by th…

An advertisement or promotion of a time share which includes the offer of a prize or other inducement shall fully comply with the provisions of the Unfair Practices Act. History: Laws 1986, ch. 97, § 7.

No proxy, power of attorney or similar device given by the purchaser of a time share regarding the management of the time share program or its facilities shall exceed one year in duration, but the same may be renewed from year to year. History: Laws 1986, ch. 97, § 8.

A. If a purchaser is offered the opportunity to subscribe to an exchange program, the developer shall, except as provided in Subsection C of this section, deliver to the purchaser, prior to the execution of the sales contract or any contract between the purchaser and the exchange…

Any exchange company offering an exchange program to a purchaser shall be deemed to have made an irrevocable appointment of the commission to receive service of lawful process in any proceeding against the exchange company arising under the New Mexico Time Share Act. History: Law…

This act [47-12-1 to 47-12-6 NMSA 1978] may be cited as the "Land Use Easement Act". History: Laws 1991, ch. 15, § 1.

As used in the Land Use Easement Act: A. "holder" means any nonprofit corporation, nonprofit association or nonprofit trust, the purposes or powers of which include retaining or protecting the natural or open space values of real property, assuring the availability of real proper…

A. Except as otherwise provided in the Land Use Easement Act, a land use easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as any other easement. B. A land use easement is not effective and cr…

A. An action affecting a land use easement may be brought by any of the following: (1) an owner of an interest in the real property burdened by the land use easement; (2) a holder of a land use easement; or (3) a person having a third-party enforcement right. B. This section does…

A land use easement is valid even though the land use easement: A. is not appurtenant to an interest in real property; B. imposes a negative covenant that is a restriction on the use of the land that is subject to the terms of the easement; C. imposes affirmative obligations upon…

A. Nothing in the Land Use Easement Act invalidates any interest, whether designated as a land use easement, covenant, equitable servitude, restriction or easement that is enforceable under the laws of this state. B. No interest benefiting or encumbering real property cognizable …

This act [47-12A-1 to 47-12A-6 NMSA 1978] may be cited as the "Cultural Properties Preservation Easement Act". History: Laws 1995, ch. 137, § 1.

As used in the Cultural Properties Preservation Easement Act: A. "cultural property" means a structure, place, site or object having historical, archaeological, scientific, architectural or other cultural significance deemed potentially eligible for inclusion in the national regi…

dispositions. A. Except as otherwise provided in the Cultural Properties Preservation Easement Act, a cultural properties preservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as any …

An action affecting a cultural properties preservation easement may be brought by any of the following: A. an owner of an interest in the real property subject to the cultural properties preservation easement; B. a holder of a cultural properties preservation easement; or C. a pe…

A cultural properties preservation easement is valid even though the cultural properties preservation easement: A. is not appurtenant to an interest in real properties; B. imposes a negative covenant that is a restriction on the use of the land that is subject to the terms of the…

A. Nothing in the Cultural Properties Preservation Easement Act invalidates any interest, whether designated as a cultural properties preservation easement, covenant, equitable servitude, restriction or easement that is enforceable under the laws of this state. B. No interest ben…

Chapter 47, Article 13 NMSA 1978 may be cited as the "Real Estate Disclosure Act". History: Laws 1991, ch. 74, § 1; 2009, ch. 165, § 1.

As used in the Real Estate Disclosure Act: A. "estimated amount of property tax levy" means the product of one-third of the listed price of the residential real property being sold or otherwise transferred in the transaction multiplied by the current property tax rates applicable…

transactions. A seller, lessor or landlord of real property, including a participant in an exchange of real property and any agent involved in such a transaction, shall not be liable for failure to disclose and shall not have a duty to disclose to any person who acquires, by volu…

A. No cause of action shall arise against a seller, lessor or landlord of real property, including a participant in an exchange of real property and any agents involved in such a transaction for failure to disclose to any person who, by voluntary or involuntary transfer, acquires…