HOA Liens and Foreclosure in Alabama
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Alabama, and the limits.
Short answer: Yes. A condominium association has a lien for assessments, fines and charges, which may be foreclosed like a mortgage (with reasonable advance notice to the owner and lienholders). Ala. Code §§ 35-8A-316, 35-20-12
| HOA liens and foreclosure | Yes. A condominium association has a lien for assessments, fines and charges, which may be foreclosed like a mortgage (with reasonable advance notice to the owner and lienholders). Up to six months of regular assessments have priority over a first mortgage, and the lien is extinguished if enforcement does not begin within three years. A homeowners' association has a lien on lots for unpaid assessments; it must give the owner 30 days' certified-mail notice before recording a statement of lien (which must be recorded within 12 months), and can enforce the lien by court action, with the court ordering a sale after three weeks of published notice. Source: Ala. Code §§ 35-8A-316, 35-20-12 |
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More Alabama foreclosure & homeowner law
- How Foreclosure Works in Alabama
- Redemption and Deficiency Judgments in Alabama
- Getting Your Home Back After a Tax Sale in Alabama
- All Alabama foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Alabama?
Yes. A condominium association has a lien for assessments, fines and charges, which may be foreclosed like a mortgage (with reasonable advance notice to the owner and lienholders). Up to six months of regular assessments have priority over a first mortgage, and the lien is extinguished if enforcement does not begin within three years. A homeowners' association has a lien on lots for unpaid assessments; it must give the owner 30 days' certified-mail notice before recording a statement of lien (which must be recorded within 12 months), and can enforce the lien by court action, with the court ordering a sale after three weeks of published notice.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.