CC&R Enforcement: Huntsville vs Madison

Can my Huntsville HOA put a lien on my house?

Yes. Under Ala. Code Sec. 35-20 and your CC&Rs, HOAs may record liens for unpaid assessments and fines with Madison County Probate.

Can I sue my neighbor over a CC&R violation?

Yes. Alabama law gives homeowners third-party beneficiary standing to enforce recorded covenants against other owners.

How long does an HOA have to enforce a violation?

Generally 6 years from violation for written contract actions, 10 years for actions under sealed instruments per Ala. Code Sec. 6-2-33/34.

What is the Alabama Uniform Condominium Act?

It is Alabama's 1991 enactment of the model Uniform Condominium Act drafted by the Uniform Law Commission, codified at Ala. Code Title 35 Chapter 8A (§35-8A-101 et seq.). The Act governs the creation, management, governance, and termination of condominium developments in Alabama, including declaration requirements, association powers, assessments and liens, and unit-owner rights.

Does the Act apply to all Alabama condos?

It applies prospectively to condominiums created on or after January 1, 1991. Pre-1991 condominiums remain governed by the older Alabama Condominium Ownership Act (Ala. Code §35-8-1 et seq.) unless they affirmatively opt in to the 1991 Act. The 1991 Act does NOT apply to traditional landlord-tenant rentals or HOAs governing detached single-family homes.

How does a condo association collect unpaid assessments in Alabama?

Under §35-8A-316, the association has a statutory lien on a unit for unpaid assessments. The lien is generally junior to a first mortgage but senior to most other liens. The association may foreclose the lien through judicial or non-judicial sale procedures, similar to a mortgage foreclosure, after providing required notice. Many declarations also authorize the association to file a small claims action or attach the unit-owner's other assets.