N.M. Stat. § 3-29-15 (2026)

Upon the filing of each certificate and copy thereof as provided in Section 3-29-17
NMSA 1978, the persons so associating, their successors and those who may
thereafter become members of the association constitute a public body corporate by the
name set forth in the certificate and by such name may sue and be sued, have capacity
to make contracts, acquire, hold, enjoy, dispose of and convey property real and
personal, accept grants and donations, borrow money, incur indebtedness, impose fees
and assessments and do any other act or thing necessary or proper for carrying out the
purposes of their organization.

History: 1953 Comp., § 14-28-15, enacted by Laws 1965, ch. 300; 1967, ch. 45, § 1;
2000, ch. 56, § 3; 2006, ch. 60, § 10.

                                    ANNOTATIONS

The 2006 amendment, effective March 6, 2006, provided that an association
constitutes a public body corporate and may accept grants and donations, borrow
money, incur indebtedness, and impose fees and assessments and deleted former
Subsection B, which provided for the issuance of bonds by associations.

The 2000 amendment, effective March 6, 2000, in Subsection B, deleted "of public
health" preceding "and the department of finance", inserted "refinancing, refunding", and
substituted "warrant" for "warrants" in the second sentence.

Legislative intent is clear that financing or refinancing could be effected with the joint
approval of the department of public health (now department of health) and the
department of finance and administration. The new association can assume the bonded
indebtedness of the previous corporation subject to the approval of the departments just
mentioned. 1961 Op. Att'y Gen. No. 61-44.

Language of section spells out and circumscribes money borrowing powers of
associations either to become indebted or to issue bonds. 1961 Op. Att'y Gen. No. 61-
44.