Summary:

 Senate Bill 239 (SB 239) amends the Homeowner Association Act to provide an additional remedy for lot owners.  

Legislation Overview:

 Senate Bill 239 (SB 239) amends Section 47-16-18 NMSA 1978 as follows:

A lot owner who has a complaint against another lot owner or against the board may file a complaint with the state Department of Justice. The Attorney General may commence a civil action on behalf of the lot owner to enforce bylaws or rules of the association or covenants, conditions and restrictions applicable to the development.
 

Current Law:

 Current law provides for a written statement or for a hearing before the board or a committee to appeal proposed fines or suspensions.  A lot owner or the association is allowed to use a process other than litigation used to prevent or resolve disputes, including mediation, facilitation, regulatory negotiation, settlement conferences, binding and nonbinding arbitration, fact-finding, conciliation, early neutral evaluation and policy dialogues. Current law does not provide for complaints filed with the state Department of Justice, and lot owners do not have the opportunity to file civil actions under the auspices of the Attorney General.