Private covenants and deed restrictions; local government restrictions.

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A. Nothing in the Manufactured Housing and Zoning Act or any ordinance or regulation adopted pursuant thereto shall be construed as abrogating or limiting a recorded restrictive covenant or deed restriction.

B. The provisions of the Manufactured Housing and Zoning Act shall not be construed as abrogating or limiting the powers of political subdivisions regarding the exercise of zoning, planning and subdivision powers except to the extent the exercise of such powers is inconsistent with the provisions of the Manufactured Housing and Zoning Act and the Manufactured Housing Act [Chapter 60, Article 14 NMSA 1978].

History: Laws 1987, ch. 196, § 6; 1999, ch. 125, § 4.

ANNOTATIONS

The 1999 amendment, effective June 18, 1999, in Subsection B, added "and the Manufactured Housing Act".

Public policy. — Distinguishing between manufactured homes and other homes in a restrictive covenant is not contrary to public policy. Aragon v. Brown, 2003-NMCA-126, 134 N.M. 459, 78 P.3d 913.

Am. Jur. 2d, A.L.R. and C.J.S. references. — What is "mobile home", "house trailer", "trailer house", or "trailer" within meaning of restrictive covenant, 83 A.L.R.5th 651.


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