Loma Encantada Homeowners' Association, Inc.
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What Loma Encantada Homeowners' Association, Inc.'s governing documents say
Loma Encantada is a subdivision in Santa Fe, New Mexico, developed as a multiple-family residential, low-density planned unit development. This document is the founding declaration of covenants, conditions, and restrictions for the homeowners' association, binding all owners of residential units and lots within the subdivision.
- What you own & maintain: You own your individual unit (including the land within its exterior walls, plus enclosed patios, balconies, garages, and carports) and are responsible for maintaining its exterior surfaces unless the association takes that over. The association owns and maintains the common property (roads, open space, recreational areas) and may also maintain and repair unit exteriors.
- Permitted use: Units may only be used as private, single-family residences. During construction and sales, the developer may use units as sales offices or storage. No signs or advertisements may be placed on unit exteriors or common property without association approval, except developer signs during sales.
- Architectural & exterior changes: No structural or exterior modifications to a unit are allowed without prior written association permission. This includes changes to garage parking capacity, attachment of visible fixtures or equipment, and installation of security alarms with audible signals. Antennas taller than two feet above the roofline require approval.
- Pets: Domestic household pets (dogs, cats, and similar) may be kept within a unit, subject to association regulations. Pets that cause a nuisance or unreasonable disturbance must be permanently removed within three days of written demand from the association. Commercial breeding or keeping of animals is prohibited.
- Parking & vehicles: Trucks, mobile homes, trailers, and similar vehicles may not be parked on common property except when loading/unloading, during service, or in designated areas. The association may designate exclusive parking spaces for each unit along common property roads.
- Assessments & fees: All members pay annual assessments (one equal share per unit or lot) and may be subject to special assessments for shortfalls or new improvements. If the association maintains a unit's exterior due to owner neglect, the cost is specially assessed to that owner. Assessments become personal debts and liens against the unit, subordinate only to tax liens and recorded first mortgages.
- Destruction & reconstruction: If a unit is partially or totally destroyed, the owner must remove debris and start rebuilding within six months. Rebuilding in a different design or with different materials requires association approval. If the owner fails to rebuild, the association may sell the unit or lot.
- Leasing & rentals: The declaration does not specify a minimum lease term or restriction on leasing. It states that owners may delegate their common property rights to family members and tenants who reside in the unit.
Key facts from Loma Encantada Homeowners' Association, Inc.'s documents
- Community type
- Multiple family residential, low density, planned unit development (Recitals B and D)
- Legal name
- Loma Encantada Homeowners' Association, Inc. (Recital E)
- Developer / declarant
- Loma Encantada Corporation, a New Mexico corporation (Opening paragraph, Recitals A)
- Special assessments
- Allowed if annual assessment inadequate or for new improvements; also for individual owner costs for maintenance/repaire/restoration (Article III, Section 3.b, c)
- Collections & liens
- Assessment constitutes a lien on the Unit/Lot, subordinate only to tax liens and first mortgage; personal obligation of owner (Article III, Section 3.f)
- Reserves & fees
- Interest on unpaid assessments from due date as specified in notice (Article III, Section 3.d)
- Pets
- Dogs, cats, and similar household pets allowed, subject to Regulations; commercial breeding/raising prohibited; nuisance pets must be removed upon 3 days notice (Article V, Section 1.k)
- Leasing & rentals
- Implicitly allowed; Owners may delegate rights and easements to tenants (Article IV, Section 3)
- Parking & vehicles
- Not explicitly restricted
- Fences
- Not specifically mentioned; covered by exterior modification approval
- Architectural approval
- Yes, for structural or exterior modifications to Units (Article V, Section 1.g)
- Home business
- Not allowed (implied by residential-only restriction) (Article V, Section 1.a)
- Maintenance
- Not explicitly stated; exterior surfaces likely include roof
- Insurance
- Fire and extended coverage; public liability and property damage; workmen's compensation (Article III, Section 2.b.2)
- Use restrictions
- Yes, each Unit must be used as a private, single-family residence (Article V, Section 1.a)
- Voting & meetings
- Not detailed; Members vote (reference to 2/3 in interest for amendments and improvements) (Article III, Section 2.c.3; Article VI, )
- Amendments
- By written instrument approved by 2/3 in interest of Members; cannot amend Declarant's rights while Declarant owns any part of Land (Article VI, Section 4)
About this HOA
Loma Encantada Homeowners' Association, Inc. is a homeowners association in Santa Fe, NM. Mailing address: Loma Encantada, Santa Fe, NM 87506.
HOAproxy has 1 document on file for Loma Encantada Homeowners' Association, Inc.: 1 CC&R. Last updated 2026-05-08.
Governing documents
- Sw5p9WBfxL1Gat4z (23 pages) — PDF