UPDATED, Thursday, December 11: The City of Albuquerque sent the Ventana Ranch HOA, through HOAMCO, a cease and desist letter today. The notice means that the city can pursue criminal charges if the homeowners’ association continues to boot on public property. City Attorney David Tourek told KRQE News 13, “What they’re doing right now is wrong. It violates the law… If you’re booting on public property and you’re a private landowner, you better have some basis for doing that. And I am not aware, nor is the city aware, of why they are able to do that.” Tourek also said that if the practice continues, the city will take the homeowners’ association to court to seek an injunction and court costs.

ALBUQUERQUE (KRQE) – An Albuquerque homeowners’ association seeking to rigorously enforce parking rules for its residents has run afoul of a city law meant to protect drivers against overaggressive booting services.

This fall, the Ventana Ranch homeowners’ association hired, through the private management company HOAMCO, a private booting service and allowed security patrols to begin booting vehicles and trailers that were parked on public streets.

Ventana Ranch HOA Violation of Covenants, Conditions and Restrictions Policy

The practice, which city staff considers to be illegal, was stopped after KRQE News 13 began investigating homeowners who had vehicles booted in front of their homes and, in at least one case, in their own driveway.

The move highlights a growing debate over the power given to homeowners’ associations – or HOAs. It’s a burbling, murky quagmire into which New Mexico has just recently waded.

Read more here: http://krqe.com/2014/12/10/homeowners-association-boots-residents-on-city-streets/