CAI supports expanded housing options, including accessory dwelling units (ADUs), as part of addressing New Mexico’s housing needs. CAI likewise supports responsible ADU policies that increase flexibility and affordability.
However, HB 17 in its current form is too vague and risks creating serious unintended consequences, particularly for condominiums and communities with shared infrastructure. Without sensible clarifying amendments, the bill is likely to result in confusion, inconsistent enforcement, and costly litigation for homeowners, associations, and local governments.
CAI therefore opposes HB 17 as currently drafted for the following reasons:
1. Community association governance
HB 17 is unclear on whether or not it impairs enforcement of existing covenants governing common elements, shared utilities, drainage, or structural systems—particularly in condominiums and shared-wall communities.
2. Private infrastructure capacity and cost allocation
ADUs may materially increase use of private roads, drainage, water, sewer laterals, and parking. Associations should retain authority to assess capacity impacts and equitably allocate resulting private infrastructure costs.
3. Condominiums and shared-wall housing
Condominiums present unique legal and engineering constraints that differ from detached single-family lots. HB 17 needs clarity regarding applicability where unit boundaries, common elements, or shared systems make ADUs impracticable.
4. Reasonable design and safety standards
CAI supports allowing reasonable, non-discriminatory design and safety standards to ensure neighborhood compatibility and prevent downstream conflicts, without being used to prohibit ADUs outright.
Please take time today to tell the House Commerce and Economic Development Committee to spend more time examining the issue before acting!
Check out CAI’s full suite of legislative resources for New Mexico, including key statutes and bills, here.