Legal Question in Real Estate Law in New Mexico

I have a vacant lot in a golf/ski resort in NM that is still being paid off. The resort imposes an annual membership fee on all owners, regardless of whether their lot is vacant or built on. This fee, which is due in March each year, at the most basic level is over $1100 and seems to increase each year (it was only $500 when we bought the lot a few years back). My question is if I refuse to pay this fee, can a lien or any other restriction be put on my property? So far the only thing i've heard from the resort in the form of a letter is that they have waived my rights to use the amenities (which is fine with me since I live in NJ and have no intention of using them anyway) plus they will continue to add late charges on to this fee.

I do not want to ruin my good credit standing but do not feel this fee is fair to place (and increase) on owners with vacant lots who cannot use the amenities anyway. Can you please advise on what rights if any I may have in this case?


Asked on 8/17/09, 2:28 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The matter is governed by the rules and regulations of the homeowners' association, which you undoubtedly signed for and accepted when you brought the property. You have no choice but to pay the fees that everyone else pays, or the HOA may file a lien against your property with late fees and interest. Read your contract. If it is complicated, obtain in -person legal advice.

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Answered on 8/22/09, 10:08 pm


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