Liens for unpaid assessments
- Statute:
- Alabama §35-20-12 · Chapter HOA (Alabama Homeowners' Association Act (Ala. Code §§ 35-20-1 to 35-20-14))
- Topic:
- Assessments · HOA lien
- Applies to:
- HOA associations
Unless the governing documents provide otherwise, the association has a lien on every lot for unpaid assessments from the date the assessment is due. This HOA lien is subordinate to mortgages and deeds of trust — there is no six-month super-priority of the kind the condominium act provides. It is also behind state and county ad valorem taxes, municipal improvement assessments, and UCC fixture filings. The association must give the owner written notice of the assessment and lien by personal delivery or first-class mail. To preserve the lien it must record a statement of lien with the judge of probate within 12 months of the assessment becoming due, and at least 30 days before recording it must give the owner written notice by certified mail. Foreclosure follows this section, including newspaper publication once a week for three consecutive weeks.
📄 Read the official text at alison.legislature.state.al.us →
How SoShiny helps with Liens for unpaid assessments
SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees.
See the feature → Start freeFrequently asked
- What does Alabama §35-20-12 require?
- Unless the governing documents provide otherwise, the association has a lien on every lot for unpaid assessments from the date the assessment is due. This HOA lien is subordinate to mortgages and deeds of trust — there is no six-month super-priority of the kind the condominium act provides. It is also behind state and county ad valorem taxes, municipal improvement assessments, and UCC fixture filings.
- Who does Alabama §35-20-12 apply to?
- Alabama §35-20-12 applies to HOA associations in Alabama.
- What happens if our HOA doesn't comply with §35-20-12?
- Non-compliance can expose the association and individual directors to disputes in the governing forum for Alabama community associations. SoShiny's audit trail and documented workflows are designed to demonstrate good-faith compliance.
- Where can I read the official text of Alabama §35-20-12?
- The official text is published by the Alabama Legislature at alison.legislature.state.al.us. The summary on this page is for plain-English reference only and is not legal advice.
- How does SoShiny help with Liens for unpaid assessments?
- SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees. Learn more →
Not legal advice. This page is a plain-English summary of Alabama §35-20-12 prepared by SoShiny for board members and managers. For binding legal advice or interpretation, consult a Alabama-licensed attorney. For the official statutory text, see the link above.
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