The bill aims to enhance fire safety in property interests by prohibiting unreasonable restrictions on ignition-resistant construction and addressing conditions that pose fire hazards. It introduces a new section in Chapter 47, Article 1 NMSA 1978, declaring that any covenant, restriction, or condition in property-related documents that prohibits or unreasonably restricts ignition-resistant construction, or that promotes fire hazard landscaping, is void and unenforceable. However, this does not apply to legitimate safety requirements mandated by building codes.
Additionally, the bill establishes a new section within the Homeowner Association Act, which similarly prohibits associations from imposing unreasonable restrictions on ignition-resistant construction or landscaping. It allows associations to create reasonable design standards for such constructions, ensuring that review processes are transparent and completed within sixty days. If an application is not addressed within this timeframe, it is automatically approved. The bill also clarifies that associations can adopt safety requirements consistent with building codes and recognized safety standards.