Lien for assessments
- Statute:
- Alabama §35-8A-316 · Chapter UCA (Alabama Uniform Condominium Act of 1991 (Ala. Code §§ 35-8A-101 to 35-8A-417))
- Topic:
- Assessments · Lien and foreclosure
- Applies to:
- Condo associations
The association has a lien on a unit for assessments, special assessments, service charges, and fines from the time they become due. It may be foreclosed like a mortgage, with reasonable advance notice to the owner and recorded lienholders. Recording the declaration is notice and perfection — no separate claim of lien is required. The lien is prior to most other liens except pre-declaration liens, a first security interest recorded before the assessment went delinquent, and tax liens — but it still takes priority over that first mortgage to the extent of common-expense assessments based on the periodic budget for the six months immediately preceding enforcement (a limited super-priority, subject to GSE limits). The lien is extinguished unless proceedings are started within three years after the full amount becomes due. The prevailing party recovers costs and reasonable attorney fees. A written request for a statement of unpaid assessments must be answered within 10 business days. Also applies to pre-1991 condos.
📄 Read the official text at alison.legislature.state.al.us →
How SoShiny helps with Lien for 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 §35-8A-316 require?
- The association has a lien on a unit for assessments, special assessments, service charges, and fines from the time they become due. It may be foreclosed like a mortgage, with reasonable advance notice to the owner and recorded lienholders. Recording the declaration is notice and perfection — no separate claim of lien is required.
- Who does Alabama §35-8A-316 apply to?
- Alabama §35-8A-316 applies to Condo associations in Alabama.
- What happens if our condo doesn't comply with §35-8A-316?
- 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 §35-8A-316?
- 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 Lien for 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 §35-8A-316 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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