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HOUSE BILL 220
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Tara L. Lujan and Joseph L. Sanchez
AN ACT
RELATING TO PROPERTY; ENSURING FIRE MITIGATION BY ALLOWING
IGNITION-RESISTANT CONSTRUCTION IN PROPERTY INTERESTS AND
LIMITING CONDITIONS THAT POSE FIRE HAZARDS; ALLOWING IGNITION-
RESISTANT CONSTRUCTION IN HOMEOWNER ASSOCIATION BYLAWS AND
LIMITING CONDITIONS THAT POSE FIRE HAZARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 47, Article 1 NMSA
1978 is enacted to read:
"[NEW MATERIAL] UNREASONABLE RESTRICTIONS ON IGNITION-
RESISTANT CONSTRUCTION AND CONDITIONS POSING FIRE HAZARDS
PROHIBITED.--
A. A covenant, restriction or condition contained
in a deed, contract, security instrument or other instrument
affecting the transfer or sale of or any interest in real
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property that prohibits or unreasonably restricts ignition-
resistant construction or that requires or recommends
construction or landscaping that is a fire hazard is void and
unenforceable. This subsection does not apply to bona fide
safety requirements required by an applicable building code for
the protection of persons and property.
B. As used in this section:
(1) "fire hazard" means any condition or set
of circumstances that increases the likelihood of a fire
igniting or spreading; and
(2) "ignition-resistant construction" means
construction or landscaping methods and materials used to
mitigate fire hazards that meet the requirements established by
the insurance institute for business and home safety."
SECTION 2. A new section of the Homeowner Association Act
is enacted to read:
"[NEW MATERIAL] RESTRICTIONS ON IGNITION-RESISTANT
CONSTRUCTION OR LANDSCAPING PROHIBITED.--
A. A provision in the declaration, bylaws or rules
of an association that prohibits or unreasonably restricts the
installation, use or maintenance of ignition-resistant
construction or that requires or recommends construction or
landscaping that is a fire hazard on a lot owner's property is
void and unenforceable.
B. An association may develop standards that impose
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reasonable restrictions on the design, dimensions, placement or
external appearance of ignition-resistant construction so long
as the standards do not require a period of review and approval
that exceeds sixty days after the date on which the application
for review is filed. If an application for ignition-resistant
construction is not denied or returned for modifications within
sixty days after the application is filed, the application is
deemed approved. The review process shall be transparent and
the basis for denial of an application shall be described in
reasonable detail and in writing. Denial of an application
shall not be unreasonable.
C. Nothing in this section prohibits or restricts
an association from adopting bona fide safety requirements that
are consistent with applicable building codes or nationally
recognized safety standards adopted by the construction
industries division of the regulation and licensing department
or applicable local government.
D. As used in this section:
(1) "fire hazard" means any condition or set
of circumstances that increases the likelihood of a fire
igniting or spreading; and
(2) "ignition-resistant construction" means
construction or landscaping methods and materials used to
mitigate fire hazards that meet the requirements established by
the insurance institute for business and home safety."
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