Section 53-4-18.2 - Liability of directors. - New Mexico Statutes

53-4-18.2. Liability of directors.

No director of the association shall be personally liable to the association or its members for monetary damages for breach of fiduciary duty as a director unless:   

A.     the director has breached or failed to perform the duties of the director's office in compliance with Section 53-4-18.1 NMSA 1978; and   

B.     the breach or failure to perform constitutes willful misconduct or recklessness.   

The provisions of this section shall, however, only eliminate the liability of a director for action taken as a director or any failure to take action as a director at meetings of the board of directors or of a committee of the board of directors on or after the date when the provisions of this section become effective.