South 26



These coveants, as presented on the Sandia Heights Homeowners Association's (SHHA's) website, or distributed by SHHA, are solely for the user's convenience, and might not be the official recorded covenants filed with Bernalillo County.  There might be changes, updates, and amendments to the attached covenants that an individual Unit has made and recorded with the County but has not provided to SHHA. SHHA accepts no responsibility for any omissions, updates, or errors made in typing and formatting the covenants for use on its website or for other distribution. In the event of any dispute, the covenants formally filed with Bernalillo County will be the final authority. Some Units have enclaves with their own homeowner association or with additional covenants which are enforced by said association.


The following Units have their own respective homeowner association: Chamisa Park, Habitat 6k, North Tramway Estates, Sandia Haciendas and Sierra Sandia

 95120734                                                   6811




That ALBERT-LENZER LTD., a New Mexico limited partnership, and DESERT CLASSIC HOMES, INC., a New Mexico corporation, hereinafter collectively called "Grantor," being the owners of the following described property situate in Bernalillo County, New Mexico, to-wit:

All of the lots, being Lots 1-4 in Block One (1), Lots 1-8 in Block Two (2), Lots 1-6 in Block Three (3), Lots 1-14 in Block Four (4), and Lots 1-8 in Block Five (5), located in SANDIA COLONY SUBDIVISION and designated on the Plat thereof filedMarch 22, 1995, in Book 95-C at Page 101, Records of the County Clerk of Bernalillo County, New Mexico;

hereby declares that it has established, and does hereby establish a general plan for the improvement, development and restriction of said property, subject to which all lots in said subdivision shall be sold or conveyed.

All the covenants, reservations and restrictions hereinafter set forth are made for the benefit of each and every subsequent owner of any portion of the land in said subdivision or any interest therein, and shall inure to and bind all subsequent owners thereof; said covenants, restrictions and reservations being as follows:

1.          These covenants, reservations and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them until the year 2015 A.D., at which time said covenants, reservations and restrictions shall be automatically extended for successive periods of ten (10) years. These covenants, reservations and restrictions may be amended at any time by recorded written instrument, executed and acknowledged by the then record owners of not less than two-thirds (67%) of the residential lots in said Sandia Colony Subdivision.

2.          If the parties hereto, or any of them, or their grantees, successors-in-interest or assigns, shall violate or attempt to violate any of the covenants, reservations and restrictions herein provided, Grantor, the Architectural Control Committee (hereinafter called the "Committee"), any person or persons owning any real property in said Sandia Colony Subdivision, or the Sandia Colony Homeowners Association (hereinafter called the "Association"), on behalf of such owners shall have the right to enforce by proceeding, at law or in equity, for damages or for injunction or both, all restrictions, covenants, conditions, rights and duties imposed, allowed or granted by the provisions of this Declaration. In any such proceedings, the prevailing parties shall be entitled to recover costs and expenses, including reasonable attorney fees.

3.          Invalidation of any of these covenants and restrictions shall in no way affect the validity of the other provisions, which will remain in full force and effect.

4.          All lots in Sandia Colony Subdivision are hereby designated as residential lots. No structures shall be erected, altered, placed or permitted to remain on any lot other than one single-family dwelling and buildings related thereto, except that this provision shall not prevent the combination of adjoining lots for one such dwelling; however, in no event shall any lot be further subdivided.



5.          An Architectural Control Committee consisting of three to five members shall be appointed by the Grantor. The initial Committee shall consist of Theodore J. Zmroczek, Roger H. Smith, Jr. and Harold Albert. Upon death, resignation or removal of any Member of the Committee, the Grantor (for so long as Albert-Lenzer Ltd. owns any Lots or for so long as Desert Classic Homes, Inc. is contractually obligated to purchase any additional Lots) shall have authority to appoint a successor(s). Any Member of the Committee may be removed at any time by a majority vote of the Committee, with or without cause. The majority decision of the Committee shall control all decisions and any Member shall be able to act on behalf of the Committee.

Upon the sale of the Grantor's last lot within the subdivision, the Grantor's right to appoint the Members of the Committee shall cease. Upon death, resignation or removal of the then current Committee Members, a homeowners association shall have the right to appoint such Members. In the event no homeowners association exists and no Member remains on the Committee, new Members may be chosen in the following manner: Upon written request of ten percent (10%) of the owners of lots within a subdivision, a meeting shall be held for purpose of selecting one or more Members of the Committee. Reasonable diligence shall be used to notify the persons owning lots within said subdivision of the time and place of the meeting and the purpose of the meeting. Each lot owner shall have one (1) vote for each lot owned and the persons receiving the most votes shall be selected as Members of the Committee.


                 a.  Plot plans showing the location on the lot of any structures proposed to be constructed, placed, altered, or maintained; floor plans and elevations;
                      finished grades different from the existing grades on the lot; proposed colors, including color schemes for roofs and all exteriors indicating

                      materials for same.

b.  Two complete sets of the final plans and specifications for said work.

No construction, structure or improvement shall commence or shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations and specifications therefore have received such written approval as herein provided. All construction, improvements, installations, remodeling, or alterations shall comply strictly with the approved plans and any terms and conditions imposed by the Committee in its written approval. Once approved, no construction, structure, or improvement may vary from the approved plan without further written approval of the Committee. Any person purchasing any portion of the property subject to this Declaration acknowledges that the breach or violation of this covenant is likely to result in irreparable harm to the rights and interests of other owners in the subdivision and that the Grantor, the Committee or the Association, on behalf of such owners, shall be entitled to injunctive relief, temporary or permanent, in order to prohibit such violation; provided, however, that this provision shall be in addition to any other remedies available hereunder or at law or equity.

7.          The Committee is authorized to charge not more than $150.00 for review of plans. At the time of submission of the plans and specifications as set forth herein, the owner shall pay said fee in advance. The Committee shall provide full approval, conditional approval, or disapproval of said plans and specifications in writing within thirty (30) days from the receipt thereof. All conditions of approval and variances shall be confirmed in writing. One set of said plans and specifications with the Committee's approval or disapproval endorsed thereon shall be returned to the owner and the other copy thereof shall be retained by the Committee. Should the Committee fail either to approve or disapprove any plans or specifications submitted to it within thirty (30) day period, failure to do so shall not be construed as a tacit approval of said plans and specifications, nor shall such failure to approve or disapprove constitute a waiver of the Committee's absolute authority to approve plans and specifications prior to construction, alteration, or placement of improvements. Approval of plans and specifications for all construction, installation, improvements, remodeling or alterations shall be valid only for a period of one year. Failure to commence and complete construction within one (1) year following date of approval shall require reapplication and resubmittal of plans, specifications and fees to the Committee.

The Committee shall have the right to disapprove any plans, specifications or details submitted to it as aforesaid, in the event such plans and specifications are not in accord with all the provisions of this Declaration or the Bernalillo County approved site development plan. Considerations may include, but shall not be limited to, the following: If a proposed color is not a natural earthtone (brown) or other color approved in writing by the Committee; if the proposed structure is not in harmony with the general surroundings of such lot or the adjacent structure; if the structure shall unduly disturb trees, ground cover, rocks, or other natural features on the lot; if the structure shall unduly interfere with the view from nearby residences; if the Committee deems said plans and specifications to be contrary to the interest and the welfare and rights of all or any part of Sandia Colony Subdivision. The decision of the Committee in any of these matters shall be final and no building or improvement of any kind shall be constructed or placed upon any lot in Sandia Colony Subdivision without the prior consent of the Committee.

Neither the Committee, its members, nor the Grantor shall be responsible in any manner whatsoever for any defect in any plans or specifications submitted nor as revised by said Committee or the Grantor, or for any work done pursuant to the requested changes of said plans and specifications.

8.         Any visible equipment shall be thoroughly screened. Solar heating equipment will be considered for approval based on the merit of its design and the manner in which it is constructed so as not to be seen or detract from other homes in the subdivision. Roof- mounted solar equipment will be difficult to conceal; however, if the color and structure are done in good taste, this type of installation can be considered for approval.

9.         The Architectural Control Committee WILL NOT APPROVE the following:

  1. exterior use of colors that are not earthtones (browns) or colors not approved in writing by the committee;
  2. white roofing material;
  3. translucent or transparent garage doors;
  4. outside clotheslines, radio antennas, TV antennas, and satellite discs with a diameter of greater than twenty-four (24) inches; approval of installation and placement of satellite discs with a diameter of less than twenty-four (24) inches shall be in accordance with paragraph 6;
  5. butane or propane tanks;
  6. rooftop decks
  7. side yard walls taller than six feet (6') above the highest adjacent lot grade as shown on the county-approved grading and drainage plan; side yard walls that extend beyond the closest front corner of either building on either side of the property line; or rear yard walls placed adjacent to or on top of retaining walls which are taller than four feet (4') above the highest adjacent lot grade as shown on the county-approved grading and drainage plan;
  8. unscreened, ground-mounted or roof-mounted heating and air conditioning equipment;
  9. brick or brick veneer exteriors.

10.       Construction of any structure or improvement shall be continuous and proceed in an orderly fashion without interruptions, and any structure or improvement on a lot shall be completed in a reasonable time, not to exceed twelve (12) months from the date the plans were approved by the Committee. Failure to complete structures or improvement within a 12-month time frame will necessitate reapplication in accordance with Paragraph 7 above.

11.       Materials and equipment necessary for construction, and all debris resulting from clearing or construction, shall be confined to the lot and shall not be permitted on any other lots, common areas or roadways. During construction, a receptacle must be on site to contain all trash and debris.

12.       Each residence shall be provided with a method of sewage disposal meeting the recommended standards of the Environmental Impact Division of the State of New Mexico and approved by the Committee. Garbage and waste shall be kept in covered metal or plastic containers of adequate weight so as not to turn over or blow over and litter the neighborhood.


13.        Landscaping

    1. Front yard landscaping to be installed by the home builder in accordance with the County approved landscape plan.
    2. No Chinese elms, poplar, cotton-bearing cottonwood trees or Bermuda grass shall be maintained on any lot.
    3. Lawns shall be in an enclosed area and shall not exceed 500 square feet
    4. Natural vegetation is to be restored to its original state whenever and wherever possible within 180 days of the completion of construction of the house located on any lot. All side yards facing the street on corner lots and rear yards must be landscaped with natural plants and/or southwestern type landscape within six (6) months of completion and/or occupancy of the unit.
    5. All dead vegetation, including trees, shall be removed and replaced by the owner within thirty (30) days. Plantings to be trimmed and cut by the owner as necessary at regular intervals to maintain them in a neat and attractive manner.


14.       Without specific approval of the Committee, no grouping of trees shall be planted to constitute a screen nor may any trees, shrubs, or hedges be planted that shall unduly interfere with the view from nearby residences.

15.       Each dwelling shall be maintained by the owner in such a manner as to comply with the Bernalillo County approved drainage plan or its successor then in force. Public agencies and Grantor or its designee shall have the right to enter upon all drainage easements for construction and maintenance of drainage facilities.


16.       Access roads and utility easements are dedicated and reserved as shown on the plat of the subdivision. All rights to minerals, water, oil and natural gas underlying the property are reserved to the Grantor.

17.       No wire fences shall be maintained in the residential area of the subdivision, except by Grantor, on subdivision boundaries. Fences, walls, patios and porches must be constructed of stucco or color-stained cement block and must adhere to approval by the Committee.


18.       No signs of more than five (5) square feet shall be maintained within the subdivision after completion of the original development and sale of the dwelling units unless specifically approved by the Committee. All signs, other than a typical "for sale" or "for rent" sign, must be approved by the Committee.

19.       No lot may be further subdivided, nor may a portion of any residential lot be sold except to adjacent property owners for the purpose of increasing the size of an adjacent lot.

20.       Basketball backboards, equipment, garbage cans, service yards, woodpiles or storage piles shall be kept screened by adequate plantings, fencing or other acceptable screening techniques so as to conceal them from view of neighborhood residential units and streets.

21.       In the event that any structure is destroyed, wholly or partially, by fire or any casualty, such structure shall be promptly rebuilt or repaired to conform to this Declaration or shall be removed from the lot within twelve (12) months of the incident.


22.       In the event any owner fails to remove debris or unsightly material, the Grantor or the Association may remove said debris or unsightly material and charge the cost of removal, including reasonable overhead charge, against the owner together with interest. If such charge is not paid within thirty (30) days after written notice to the owner demanding payment, the assessment shall bear interest from the date of said notice at the rate of fifteen percent (15%) per annum and the Grantor or the Association may bring an action at law against the owner obligated to pay the same. Such charges shall become a lien against the lot or tract concerned upon recording of a notice of lien and said lien may be foreclosed by the Grantor or the Association against the property, the same as any mechanic's lien, and interest, costs and reasonable attorney fees of any such action shall be added to the amount of such lien. Said notice of lien shall state the amount which has become due, a description of the property and the name of the owner or reputed owner of such property. Such notice shall be executed by the Grantor, its agent, or the Association, and acknowledged. Upon the satisfaction of said lien, the Grantor, its agent, or the Association shall issue a further notice similarly signed and acknowledged, stating that said lien has been satisfied and releasing the same. Each owner of any lot or tract by his acceptance of a conveyance of said lot or tract hereby vests in the Grantor, its agents or assigns, or the Association the right and power to bring all actions against such owner personally for collection of all charges provided for in this Declaration, and to enforce any such lien by all means available for the enforcement of such liens, including foreclosure in like manner as a mechanic's lien, a mortgage or deed of trust lien on said property. The Grantor, its agents or assigns, or the-Association shall be subordinate to the lien or charge of any prior mortgage or deed of trust for value on said property.

23.       Any and all of the right, title, interest and estate given to or reserved by the Grantor herein or on the plat may be transferred or assigned to any person, firm or corporation by appropriate instrument in writing duly executed by the Grantor and, recorded in the office of the Clerk and Recorder of Bernalillo County, New Mexico, and wherever the Grantor is hereby referred to, such reference shall be deemed to include -its successors and assigns.

24.       Roads and Utilities. Access roads and utility easements are dedicated and reserved as shown on the recorded plat of the property, No additional access roads or driveways, either public or private, shall be constructed directly from any lot or tract to Tramway Boulevard or Tennyson Street, other than those as shown on the plat of the property. No utilities on lots or tracts within the property shall be installed or maintained above ground, except during construction.

25.       By acceptance of a deed to his or her property, each owner of a residence or lot in Sandia Colony Subdivision agrees to be a member of the Sandia Colony Homeowners Association, a New Mexico corporation formed pursuant to the Nonprofit Corporation Act, which ownership shall be the only criterion for membership in the Association. The purpose of the Association is to coordinate planning and implement the management of such services and activities as may be necessary or desirable to promote the common interest and welfare of the property owners of record and residents located in Sandia Colony Subdivision, Bernalillo County, New Mexico, in order to preserve the quality of life for which the subdivision was established.

26.       If and when the property of Sandia Colony Subdivision meets the statutory annexation requirements enabling annexation of the property to the City of Albuquerque, such property shall, at the option of the City, be so annexed and become a part of the City. At such time of annexation, if ever, all property owners may be required to pay their proportionate share of bringing the water and sewer systems servicing the property into compliance with all applicable standards imposed by the appropriate governmental authorities.


  1. No trade or offensive activity of any kind shall be carried on upon any lot, nor shall anything be done on any lot which shall constitute an annoyance or nuisance to the neighborhood. Without limiting the generality of any of the foregoing provisions, no speakers, horns, whistles, bells, or any other devises, except security devices used exclusively for security purposes, shall be located, used or placed on any lot which are audible from neighboring lots.
  2. No trash or garbage shall be burned on the premises. Garbage shall be placed in covered containers, said containers to be concealed from public view by an attractive enclosure. The collection service provided by Sandia Peak Services or their successors or assigns must be used.
  3. No trailer, tent, shack, garage or other vehicle or outbuilding shall be used as a residence, temporarily or permanently.
  4. No commercial type vehicles, trucks, boat or horse trailers, campers, or camper shells, boats, house trailers, mobile homes, recreational vehicles, or camper trailers shall be visibly parked or stored on any residential lot except in enclosed garages, or parked on any residential street except while engaged in transport to and from a residence. For the purpose of this covenant, a 3/4-ton or smaller vehicle, commonly known as a pickup truck, shall not be deemed a commercial vehicle or truck. Such vehicle shall be deemed a commercial vehicle or truck when equipped with a camper and shall not be exempt from the restrictions heretofore mentioned in this section.
  5. No unused automobiles or vehicles of any kind except hereinabove provided shall be stored or parked on any lot except in a closed garage. An "unused vehicle" shall be defined as any vehicle which has not been driven under its own power for a period of thirty (30) consecutive days or longer. In the event any unused vehicle remains parked on any tract or lot within the property boundaries, the Grantor or the Association shall have the right to remove the same after 48 hours notice to the owner thereof, the expenses to be charged against the owner thereof, and such charges shall become a lien upon the recording of a notice of a lien and shall be enforceable.
  6. No motor vehicle or trailer of any type shall be constructed, reconstructed or repaired on any street or in front of any lot in such a manner as will be visible from neighboring property.
  7. No animals shall be kept on any lot except domestic cats and dogs. Keeping of these animals will be in accordance with County ordinances.
  8. No room or rooms in any residence may be rented or leased to any person; providing, however, that nothing contained herein shall be construed as preventing the renting or leasing of an entire lot together with its improvements as a single unit to a single family.
  9. It shall be the responsibility of owners of lots, vacant or otherwise, to keep said lots and all easement areas encompassed within the exterior boundaries of said lots clear of trash, unused building and/or landscaping materials, rubbish or noxious materials.
  10. No neon arc lamps or mercury lights shall be permitted. No unshaded flood lights shall be maintained which cause light to shine directly onto the property or into the home of any other resident in the subdivision. All exterior lighting shall be maintained and installed to minimize light pollution.
  11. Garage doors shall be kept closed at all times except when in immediate use.
  12. No building or structure within the subdivision shall be permitted to fall into disrepair, and each such building or structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. Such duty to repair shall include, but not by way of limitation, the maintenance of any exterior structures and finish included in the plans approved by the Committee.
  13. No delay or omission on the part of the undersigned, its successors or assigns, or of the owners of other lots in said subdivision having the right hereunder to exercise the same, in exercising any right, power or remedy herein provided for in the event of any breach of the restrictions, covenants or reservations herein contained, shall be construed as a waiver thereof or acquiescence therein; and no right of action shall accrue, nor shall any action be brought or maintained by anyone whatsoever against the undersigned, its successors or assigns, the Committee, or the Association for, or on account of, failure or neglect to exercise any right, power or remedy herein provided for in the event of breach of said covenants, restrictions, or reservations.


Note: Signatures on file in the SHHA office.



          For valuable consideration, receipt  of  which is acknowledged, We , the Committee Of Sandia Colony Subdivision, collectively, do hereby assign to the Board of  Directors of Sandia Heights Homeowners Association, Inc., (the Assignees), whose address is P.O. Box 20021, Albuquerque, MN 87154, all our rights and obligations in and to the administration and enforcement of the Declaration of Protective Covenants and Restrictions of Sandia Colony Subdivision, Bernalillo County, New Mexico, which covenants are dated November 22, 1995, recorded November 27, 1995, in Book 95-28, pages 6811-6821, records of  Bernalillo County, New Mexico, as corrected by Correction to the Declaration of Protective Covenants and Restrictions, Sandia Colony Subdivision, Bernalillo County, New Mexico, dated June 18, 1997, recorded June 24, 1997, in Book 97-17, pages 41-42, records of Bernalillo County, New Mexico.  The property encumbered by these covenants and restrictions is located in Bernalillo County, State of  New Mexico, and is described as follows:

All of the lots, being Lots 1-4 in Block One (1), Lots 1-8 in Block Two (2), Lots 1-6 in Block Three (3), Lots 1-14 in Block Four (4), and Lots 1-8 in Block  Five (5), located in SANDIA COLONY SUBDIVISION and designated on the Plat thereof filed March 22, 1995, in Book 95-C at Page 101, records of the County Clerk of  Bernalillo County, New Mexico.



            The Board of Directors of Sandia Heights Homeowners Association, Inc. the Assignee named in the foregoing Assignment of Rights and Obligations for Covenant Administration and Enforcement by Sandia Colony Subdivision hereby approves and accepts the same and agrees to be bound by all the terms, covenants, and conditions of the Declaration of Protective Covenants and Restrictions, and to serve as the assignee of the Sandia Colony Homeowners Association and the Architectural Control Committee of Sandia Colony Subdivision.


ASSOCIATION, INC.                                                ASSOCIATION, INC.

John Jennings, President                                             Deborah Griswold, Secretary

Note: Signatures on file in the SHHA office.


97063630                                                                                           0041





          On the 25th day of  November, 1995, a Declaration Of Protective Covenants and Restrictions was filed in the office of the County Clerk Of  Bernalillo County, New Mexico as document 95102734, and recorded in book 95-28, pages 6811-6821, which document incorrectly  showed ALBERT-LENZER LTD. A New Mexico corporation as one of the Grantors of the Following described property situate in Bernalillo County, New Mexico, to-wit:

            All of the lots, being Lots 1-4 in Block One (1), Lots 1-8 in Block Two (2)

Lots 1-6 in Block Three (3), Lots 1-14 in Block Four (4) and Lots 1-8 in Block five (5), located in SANIA COLONY SUBDIVISION  and designated on the Plat thereof filed March 22,1995, in Book 95-C at Page 101, Records of the County Clerk of Bernalillo County, of New Mexico.

The Grantor DESERT CLASSIC HOMES, INC.  is correct. The Grantor ALBERT-LENZER LTD. Is hereby corrected to be shown as SANDIA COLONY JOINT VENTURE, a New Mexico joint venture comprised of Harlol B. Albert, Martin Lenzer and Orthopedic Consultants Ltd., Defined Benefit Pension Plan wherever Albert-Lenzer Ltd. is mentioned in the aforesaid Declaration of Protective Covenants and Restrictions.

Note: Signatures on file in the SHHA office.



                                                                                    FILED AS DOCUMENT # 95120734

The proposed Amendment is as follows:

Deleting the Italized & Underscored Words in Paragraph 4:

All Residences in Sandia Colony Subdivision shall be single story structures. The maximum allowable heights of residences is eighteen feet (18’) above grade, measured from the pad elevation reflected on the certified grading plan. After construction has been completed and the residence has been occupied, no additions or exterior structural alterations to the residence shall be permitted.

Adding the Italized and Underscored Words in Paragraph 4:

No house, room addition or exterior structural alteration shall be located on any lot in such a manner as to violate the Bernalillo County approved site development plan for Sandia Colony Subdivision. The setbacks are established by and contained in the site development plan.

Note: Signatures on file in the SHHA office.

Contact Info

Phone: (505) 797-7793
Fax: (505) 856-8544
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2-B San Rafael Avenue, NE
Albuquerque, NM 87122

Office Hours

Monday: 9:00am - 4:00pm
Tuesday: 9:00am - 4:00pm
Wednesday: 9:00am - 4:00pm
Thursday: 9:00am - 4:00pm
Friday: 9:00am - 4:00pm
Saturday: Closed
Sunday: Closed 

Additional Info