Alabama · Ala. Code §§35-20-3, 35-20-12Alabama HOA liens: when they attach, their priority and the 12-month statement

Alabama's Homeowners' Association Act applies to residential developments whose declaration was recorded on or after January 1, 2016, and to older associations whose members vote by majority to be governed by it; it doesn't apply to condominiums, cooperatives, time-shares or nonresidential developments (Ala. Code §35-20-3). Unless the declaration or governing documents provide otherwise, the association has a lien on every lot for unpaid assessments from the date the assessment is due, with written notice of the assessment and lien to the owner by personal delivery or first-class mail (§35-20-12(a)). The lien has priority over later liens and encumbrances, except state and county property taxes, municipal improvement assessments, UCC fixture filings, and mortgages and deeds of trust securing a debt (§35-20-12(b)). Within 12 months after an assessment becomes due, the association records with the probate judge a verified statement of lien describing the lot, the association, the owners, the unpaid assessments with their dates and other interest and costs claimed – after giving the owner at least 30 days' written notice by certified mail (§35-20-12(c)–(d)). The association enforces the lien by a verified complaint in court, and the court may order a sale after notice published once a week for three successive weeks (§35-20-12(e)–(f)).