New Mexico HOA Document and Disclosure Certificate

The New Mexico HOA Document and Disclosure Certificate is a set of documents that gives buyers important information about a property located in a homeowners association. Under the New Mexico Homeowner Association Act (NMSA 1978, §47-16-11), sellers must provide these materials before closing, including governing documents (like the declaration, bylaws, and rules) and a disclosure certificate prepared by the HOA. 

This certificate outlines key details such as dues, unpaid assessments, fees, reserve funds, financial statements, insurance coverage, and any legal or financial issues affecting the association. The HOA must provide the certificate within 10 business days of a written request, and certain financial information is only valid for 60 days. Buyers typically have at least 7 days after receiving the certificate to review it and may cancel the contract based on its contents. If the certificate is not provided, the transaction may be delayed or become cancelable, which can put the sale at risk.

If the property is located in a community that has both a condominium association and an HOA, you may also need to provide the Condominium Resale Certificate. 

How Do I Request This Information?

Send the New Mexico HOA Document and Disclosure Certificate Request Form to the association or management company. Because the association has up to 10 working days to provide the certificate, be sure to request it as early as possible. Once received, review the certificate carefully before providing it to a potential buyer. 

How Can I Get a Copy of the "New Mexico HOA Document and Disclosure Certificate Request Form"?

We will provide you a copy of any New Mexico disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.

Where Can I Learn More?

New Mexico Homeowners' Association Information Sheet

Are There Any Exemptions to Providing This Certificate?

1. Transfers pursuant to court order
2. Transfers by a government or governmental agency (Freddie Mac and Fannie Mae are not government entities) 
3. Transfers by foreclosure (this refers to the court-ordered foreclosure sale; it does not apply to the sale of bank-owned property, even if purchased from a foreclosure sale) 
4. Transfers by deed given to a lender in lieu of foreclosure 
5. Transfers that may be canceled at any time and for any reason by the purchaser without penalty.

Return to New Mexico Real Estate Disclosure Requirements