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New Mexico HOA Violation Response Letter

In New Mexico, unless your community documents say otherwise, an HOA fines you only after written notice and a chance to dispute the violation, with the choice of a written statement or a hearing. Imminent threats to health or safety are the exception. Your letter can be that statement, or your hearing request.

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notice says my fence breaks the 6-foot limit
the committee approved it last year
$150 fine, 30 days

written into

I received a notice dated April 28 citing my fence under Section 4.3, with a $150 fine. The architectural committee approved that fence last year, and I have their letter.

I am asking the board to dismiss the violation and waive the fine. The approval and the photographs are attached.

Balanced & Thorough

How It Works

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Short, specific questions pull the right details out of you. You won't stare at a blank page.

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Make any edits you want, then download a print-ready PDF or Word document. It's your letter.

What Your Letter Covers

Your dispute of the violation, point by point
Your choice: a written statement or a hearing
Whether the hearing notice came with enough lead time
Photos or records that support your side
Why the fine isn't reasonable, if one has been proposed

What New Mexico Law Requires Before an HOA Fines You

Under the Homeowner Association Act section added by 2019 Senate Bill 150, section 10, unless your community documents provide otherwise, the association may levy reasonable fines for a violation other than unpaid assessments after written notice and an opportunity to dispute it.
Before a fine, the board must offer you the chance to submit a written statement or have a hearing before the board or a committee, with written notice 14 days before the hearing, and notice and a hearing are not required for a violation that poses an imminent threat to public health or safety (SB 150, section 10).
If the board or committee does not approve the fine by majority vote, it may not be imposed, and if you neither request a hearing nor submit a statement, the fine may be imposed counting from the date of the violation (SB 150, section 10).

Your declaration, bylaws and rules may add steps of their own, and other laws can apply too. Statute text as of November 3, 2026. This is general information, not legal advice; for a complex dispute, talk to a licensed attorney in your state.

Frequently Asked Questions

Should I choose a written statement or a hearing in New Mexico?

A written statement works well when the facts are simple and your photos tell the story. A hearing is better when you need to answer questions or the dispute turns on what people saw. Choose one: if you neither request a hearing nor send a statement, the fine may be imposed counting from the date of the violation.

Who runs the hearing?

The board or a committee it sets up. Ask which, and ask for the hearing notice in writing so the date is clear.

Does this apply to unpaid dues?

No. These steps cover rule violations. Unpaid assessments follow a different process, so if your notice mixes the two, ask the board to separate them.

What should I bring to a hearing?

A short summary of your side, dated photos, any approval letters and the notice itself. Keep your remarks brief and finish with what you're asking for.

Who writes my New Mexico HOA response letter?

You do. You answer a short set of questions about the notice and your side of it, and the tool helps you organize your own facts into a clear, well-structured letter you review, edit, sign and send.