Alabama Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

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US-01120BG
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Description

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. Either in the bylaws of the condominium association, the declaration of condominium filed in the land records of the county where the condominium is located, or in some other document, there will be an agreement among the unit owners regulating the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessments becomes due.

The dissolution process of an HOA in Alabama may be found in the HOA's governing documents. If it is not, a vote of at least ? by HOA members is needed to adopt dissolution.

If you fail to pay your HOA or COA assessments in Alabama, the association can get a lien on your property and might foreclose on your home.

All lien claimants, except an original contractor must give notice prior to filing a verified statement of lien. The notice must be given in writing to the owner stating that a lien is claimed, setting forth the amount and the subject of the lien, and the person or entity from whom it is owning. Ala. Code § 35-11-218.

The Alabama Homeowners' Association Act requires all Homeowners' Associations formed on or after January 1, 2016, to file organizational documents as a nonprofit corporation. The Act was passed on June 2, 2015, became effective January 1, 2016, and is codified in Code of Alabama Title 35, Chapter 20.

Is membership in an HOA mandatory? Yes in some and no in others. Each HOA is different.

How does a creditor go about getting a judgment lien in Alabama? To attach the lien, the creditor registers the judgment with the office of probate court in any Alabama county where the debtor owns property now or may own property in the future.

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Alabama Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees