Alabama Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment

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Multi-State
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US-01186BG
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Description

A subdivision is the development and division of a lot, tract, or parcel of land into two or more lots, plats, sites, or otherwise for the purpose of establishing or creating a subdivision through sale, lease, or building development. The developer will generally file a document called a Declaration of the Covenants and Restrictions of (Name of Subdivision). This Declaration is normally filed in the land records of the county where the subdivision is located, and will contain regulations regarding 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

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

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.

The statutes state that any owner, regardless of how they acquired the property, including through a foreclosure sale or a deed in lieu of foreclosure, is responsible for any fees that are due once the owner takes possession of the property. However, the old owner is also jointly liable for all fees and assessments.

HOAs can have broad authority such as: no pets allowed outside, only certain paint colors allowed, no recreational vehicles parked in driveways, garage doors can be open only 15 minutes, placing a lien on your property for nonpayment of dues or assessments, and many, many others.

(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 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.

HOAs can have broad authority such as: no pets allowed outside, only certain paint colors allowed, no recreational vehicles parked in driveways, garage doors can be open only 15 minutes, placing a lien on your property for nonpayment of dues or assessments, and many, many others.

In Georgia, if a resident owes more than $2,000 in unpaid HOA fees, the HOA can get a lien on that resident's house and file for foreclosure. The HOA has the right to file a lawsuit for the unpaid dues, plus any interest.

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Alabama Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment