386 W. Rio
Communities Blvd.
P.O. Box 8
Belen, NM 87002
(505) 864-6654
(800) 359-8186
fax (505) 864-2826
link to home page link to About VIA link to About the Area link to Neighborhoods link to Maps link to Schools link to Parks link to Members Area
link to Newsletters link to FAQs link to Feedback link to Utilities link to Payments

FREQUENTLY ASKED QUESTIONS ABOUT
ASSESSMENTS COLLECTED BY
VALLEY IMPROVEMENT ASSOCIATION, INC.

What is VIA? VIA is a non-profit New Mexico corporation organized as a property owner’s association for tens of thousands of residential lots created in Valencia County, New Mexico, in the early 1970’s by Horizon Corporation. VIA is completely independent of Horizon Corporation.

What gives VIA the right to collect assessments? VIA’s right to collect its assessments and enforce a lien against your property is based on an Indenture running with the title to the land. The Indenture was recorded in the Valencia County land records when your property was originally platted and before it was sold. The obligation is binding on all owners of the property, whether or not the current owner purchased directly from Horizon Corporation. You may receive a copy of the particular Indenture pertaining to your property by writing to VIA.

Am I a member of VIA? The property owners of many thousands of platted lots are automatically on VIA’s membership roles. Membership is tied to the title to the land, an arrangement that was established when the land was first platted into lots.

Can I withdraw as a member of VIA? VIA must maintain on its membership roles all property owners within certain geographic areas. The legal title to the land contains an agreement, binding on all landowners, that makes the property owners members of VIA. A member is removed from the membership roles only when he or she no longer owns the property.

Why has VIA hired a lawyer to collect such a small debt? Many members find it somewhat harsh that VIA would engage a law firm to enforce a debt of such a small amount. VIA, however, believes it has a duty to its members who are paying their assessments to make a serious effort to get everyone to pay.

Do the assessments I pay benefit the original developer? VIA is a property owner’s association completely independent from the Horizon Corporation, the developer. VIA’s board of directors is composed of independent professionals, business leaders and VIA officers, who operate under conflict-of-interest policies that limit board members’ financial dealings with VIA, and who are not associated with Horizon Corporation. Horizon Corporation has no significant activity or presence in the area any more. Years ago, VIA changed its name from Horizon Communities Improvement Association, Inc., to Valley Improvement Association, Inc.

What does VIA do? VIA’s activities over the past twenty years have included participation in the extension of water and sewer utilities, maintenance and improvements of parks, streets and roads, covenant enforcement, environmental protection, subdivision development to attract private development capital, industrial recruitment and support, and the development of a university branch college and several public schools. These efforts are founded on the goal of promoting the interests of its members.

What has VIA done for my lot? VIA must budget and prioritize its expenditures. VIA serves tens of thousands of individual lots and its budget does not allow direct expenditures benefiting each lot equally. Such an approach would be wasteful. VIA concentrates its efforts and resources to maintain existing improvements and seed economic growth of in the area of its members lots.

What can I do to get VIA to update its ownership records? Under VIA’s corporate charter, filed with the New Mexico Public Regulatory Commission, VIA cannot change its membership and owner lists without a deed or contract showing transfer and payment in full of all assessments due. If VIA’s ownership records are not correct, please forward to VIA a copy of the deed, contract or other legal document transferring ownership with a request that ownership records be changed. For guidance about how document changes of ownership in the records of Valencia County you should consult with legal counsel. Under New Mexico law transfers through inheritance may require a probate or other legal proceeding before they are properly documented, and you should consult legal counsel for details.

Why do notices continue to be sent to deceased members? Until VIA receives a deed, contract or other document transferring ownership, VIA cannot delete a property owner from its membership roles, even when informed of a death. To document the transfer of legal ownership from the estate of a deceased person to his or her successors may require a court proceeding and the services of legal counsel.

I don’t want my lot. What can I do? If you make a request in writing to VIA, VIA will consider accepting title to the property and may prepare a deed for your signature and allow you to deed your lot to VIA. VIA may pay recording and document preparation costs but cannot pay any other consideration for the lots.

I already pay property taxes. Why do I pay twice? The VIA assessment is not a tax. VIA is a private non-profit corporation. VIA’s right to collect the VIA assessment is a private property right that was established with the property was first platted.

What is my lot worth? VIA and its personnel are not licensed or qualified under New Mexico law to offer opinions about the value of real estate. You are urged to contract a real estate professional or appraiser of your choice and to investigate the value, if any, of your lot. VIA is aware of sales of lots that depending on location and circumstances range from under $100 to several thousand dollars. In many areas, there is little or no market for individual lots.

How can I go about selling my lot? The address for the Valencia County Board of Realtors is @@. For lots in some areas, it is difficult to find brokers interested in accepting listings.

If I refuse to pay the assessments, what will happen? VIA has the option to foreclose the property owner’s interest in the lots in a New Mexico legal proceeding. VIA will not make any attempt in court to collect back assessments, costs and attorney fees from owners or former owners personally unless the lot owner wants to redeem the property from the foreclosure proceeding and clear up all charges, in which case payment of back assessments, costs and attorney fees may be required.


 
 

©2005 Valley Improvement Association
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