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The moon rising over White Sands, New Mexico
RESERVE STUDIES IN NEW MEXICO

New Mexico reserve planning

SmartProperty® helps New Mexico HOAs and condominiums plan and fund their reserves. State law lets associations budget for reserves but doesn’t require a study, while the resale certificate shows buyers your reserve balance. A study is how the board shows it acted prudently.

Jan 4, 2027Fannie Mae’s 15% reserve minimum takes effect for condo loans
Disclosed at resaleThe resale certificate states the reserve balance and budgeted reserves (NMSA 47-7D-9)
No mandateNew Mexico law doesn’t require a reserve study or a minimum balance
WHAT NEW MEXICO REQUIRES

Reserves are permitted.
The resale certificate shows the result.

New Mexico leaves the decision to the board and the governing documents, then makes the reserve balance part of every sale.

CONDOMINIUMS · NMSA 47-7C-2

An authorization, not a command

  • The New Mexico Condominium Act gives the association the power to adopt budgets that include reserves and to collect assessments to fund them.
  • No study or minimum reserve balance is required by state law.
  • An association’s declaration or CC&Rs can create a binding duty to fund reserves, for example by saying a Capital Reserve Fund “shall be maintained.”
RESALE CERTIFICATE · NMSA 47-7D-9

Transparency at the point of sale

  • The certificate must disclose the current reserve balance and the amount in the budget allocated to reserves.
  • It must also state the regular and special assessments and any unpaid assessments.
  • If the association leaves an approved fee off the certificate, the buyer isn’t liable for it, and the association can’t collect it from the new owner.
Read the full New Mexico reserve law guide
WHY IT MATTERS IN NEW MEXICO

No mandate doesn’t mean
no accountability.

Prudence has to be provable

If a roof or road fails and the board never planned for it, owners can claim negligence and breach of fiduciary duty. A professional study is the board’s evidence that it made an informed decision.

The certificate puts reserves in front of lenders

A low or missing reserve balance shows up on the resale certificate, where buyers and lenders see it. An association with thin reserves can land on a lender’s ineligible list.

An incomplete certificate costs the association

A missed special assessment on the certificate can’t be collected from the buyer. Accurate figures start with knowing the reserve balance and what the board has budgeted.

HOW SMARTPROPERTY HELPS

Compliance is the floor.
Funding stability is the goal.

Full reserve studies and updates

A site-inspected study to start, then updates as costs and conditions change, so the board always has a current plan.

A plan that stays current

The Living Reserve Study® updates as projects are completed and costs change, so your plan is ready for the next update or budget.

Funding options the board can compare

Model higher contributions, special assessments, loans or lines of credit side by side before you take a recommendation to owners.

Numbers you can explain

Atlas shows the cost data and useful-life assumptions behind every figure, so boards can answer owner questions with confidence.

TALK WITH SMARTPROPERTY ABOUT NEW MEXICO

Get your New Mexico reserve plan
on solid ground.

See how the Living Reserve Study® works for your community, or tell us about your association and we’ll put together a proposal.

Photo via Wikimedia Commons: White Sands: John Fowler, CC BY 2.0. New Mexico law summary is not legal advice. Confirm your association’s obligations with New Mexico counsel.