The lawsuit initiated Jan 15, 2015 now in the Court of Appeals was recently assigned to a panel of 3 judges.  Court decision is coming soon and we will learn what law will take precedent; the Bylaws or the provisions of the 2013 HOA law that allows residents the right to books and records inspections.

 

Why your right to review the books and records of SLP is in jeopardy

and is being contested in the NM Court of Appeals.

When you bought property in SLP, you agreed to certain rules and regulations of the governing documents. Those rules and regulations can only be changed by member vote, not by arbitary decision by a transitory Board of Directors (BOD). Read the Bylaws.

In 2013 our state legislators initiated a law, the Homeower Association Act that includes two provisions applicable to SLP-- Sections 4 & 8. Neither obstruct records inspection. There is no provision in the law to change member's existing right to investigate the books and records of SLP as specified in the Bylaws. Read the Act.

The SLP BOD has spent over $50,000, and now is paying two lawyers to defend their right to limit records inspection; neither authorized in the Bylaws or the HOA Act. 

Pay attention to what "policies" the BOD is passing that affect your rights. An unchecked BOD and widespread apathy by the membership leaves the members at risk.  Read the BOD monthly minutes

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