Alabama · Ala. Code §35-8A-316Alabama condo liens: six-month priority and the ten-business-day statement

An Alabama condominium association has a lien on a unit for assessments, charges for services such as water or repairs, and fines, from the time each becomes due; late charges, fines and interest are enforceable as assessments unless the declaration says otherwise, and the lien may be foreclosed like a mortgage after reasonable advance notice to the owner and lienholders of record (Ala. Code §35-8A-316(a)). The lien comes before other liens except those recorded before the declaration, a first security interest recorded before the assessment became delinquent, and real estate taxes and governmental charges – but it also comes ahead of that first mortgage for the regular budget assessments that would have come due in the six months before the association sues or the mortgage is foreclosed, not including the association's costs or attorney fees; for loans owned or guaranteed by Freddie Mac, Fannie Mae or Ginnie Mae, the six-month priority can't exceed what their rules allow (§35-8A-316(b)). Recording the declaration perfects the lien, and the lien is extinguished unless enforcement starts within three years after the assessments become due (§35-8A-316(d)–(e)). A unit owner, mortgagee, a person under contract to buy the unit or a lender considering a loan on it may request in writing, delivered to the association's registered office with a return address, a statement of the assessments, whether they are past due and the late charges and interest; if the association doesn't furnish it within ten business days of receipt, its lien is released for the amount then due, though the owner still owes the debt; the statement binds the association, and its fee may not exceed $25 (§35-8A-316(h)).