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Committee advances bill letting AG sue on behalf of lot owners against problematic HOAs
Summary
Senate Bill 239 would permit the Attorney General to commence civil actions on behalf of lot owners to enforce HOA bylaws and rules; the committee rejected a motion to table and issued a do-pass recommendation.
Senate Bill 239, introduced by Senator Stewart, would give the New Mexico Attorney General authority to commence civil actions on behalf of lot owners to enforce homeowners association (HOA) bylaws and rules.
Stewart told the committee that many HOAs operate well but a small number create chronic problems for lot owners and that existing remedies often require private legal action. He said the bill aims to provide an enforcement avenue for lot owners who lack resources for private litigation. Committee members questioned whether the Attorney General’s Consumer Protection Division currently accepts HOA complaints and whether the AG already had the authority to bring similar cases; witnesses and the sponsor said individuals often are dismissed when seeking AG help under present practice.
After committee discussion, a motion to table was defeated on a 5–4 recorded vote; the committee then took up a motion for a do-pass recommendation and advanced the bill with no recorded opposition to that motion. Supporters argued the measure compels the AG to take enforcement seriously; some members said the bill would send a message to the AG’s office to improve consumer-facing handling of HOA matters.
The committee advanced the bill for further consideration with a do‑pass recommendation and expects subsequent work with the Attorney General’s office.
