Alabama HOA Assessments & Liens: Foreclosure Allowed Under Ala. Code § 35-20-12

Ala. Code § 35-20-12 gives an association a lien on every lot for assessments "levied against that lot," together with interest and costs claimed by the association as the governing documents allow. The association must record a lien statement in the probate office within 12 months of the assessment's due date, and the lien has priority over later liens except taxes, municipal assessments, and prior mortgages. The statute authorizes the association to "bring an action in a court having jurisdiction to enforce a lien," and the court may order a sale of the property after 30 days' advance notice and publication. The Act sets no late-fee percentage or interest rate, so those amounts are governed by the recorded declaration.

An owner who fails to pay assessments faces a recorded lien, accruing interest and collection costs (including attorney fees where the declaration provides), and ultimately judicial foreclosure and sale of the lot under Ala. Code § 35-20-12.