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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110539
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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In 1983 the community Of Towne Park was established in

Customer Question

In 1983 the community Of Towne Park was established in Albuquerque, New Mexico. There 73 acres within TP, there are 486 lots. In 1983 73 acres where owned by the Univ. of New Mexico, the Developer, Robert Towne made an agreement with the Univ. of New Mexico to build the Community of TP and lease to 73 acres from the Univ. The agreement is titled the.." Declaration of Covenants, Conditions and Restrictions for Towne Park. When the first house was built in 1984 and all other homes, the person/s that purchased the house just purchased the house and not the lot/land, the lot/land was owned by the Univ. Of New Mexico and leased to the person/s that bought the house. The lease is titled "The Master Ground Lease". In 1983 when the Developer and the Univ. of New Mexico developed the Master Ground Lease, the Developer also created the " Towne Park Home Owners Association . In 2013 the TPHOA purchased all 73 acres from the owner of the land which at that time was Sandia Foundation. The cost was 11 Million dollars. Also after the TPHOA purchased the land, the Association made a decision to sell the lots to the home owners. There are 486 lots in TP, as of today I believe 180 home owners purchased their lots. Since the TPHOA decision in 2013 the Declaration has not been updated, so persons purchasing their lot they are still covered by the Master Ground Lease. So the situation in TP is this, some of the home owners still rent their lot and some own their lot. . .What are my rights of property ownership since I now own the lot and the Declaration is still the governing document for the land that is based on all land in TP being leased. In the past there have been efforts to update the Declaration with no success. Appreciate our response.....Leonard Mitchener
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Once there are recorded declarations, those declarations govern all owners or tenants of the property. The declarations go with the land and can cause quite a problem when they are old and the association does not choose to update them. However, under NM law, a person who owns or rents in an association is bound by the declaration that runs with the land and also with the bylaws of the association.
As an owner, you have the right to follow the bylaws and pass new bylaws or to get enough members of the association to agree to pass changes that everyone wants to see made. However, you must follow the bylaws and declaration because the NM laws make them the governing documents in these associations and because of that many owners in associations lose property rights that owners of property in non-association areas enjoy because the association owners are restricted by declarations and bylaws.
Customer: replied 4 months ago.
I have read your response and thank you for that. However, it would have given me more knowledge if you had listed the Tiltles of the laws and where to find the laws on the internet......Leonard
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
You would be surprised how many customers of this site do not want that information specifically because they do not want to read through it. However, when customers reply or tell us initially they want it we gladly provide it.
The New Mexico Homeowners' Association Act §§ 47-7E-1 through 47-7E-14 NMSA 1978, it was recently amended in 2012 (see: