The Ryals Law Firm, PC

Birmingham, AL Attorneys | 205-6900-LAW  

Condominium Association / HOA Lien Foreclosure

We are taken aback to find that HOA officers and management are often unaware that they can typically foreclose on homeowners that routinely fail to pay their association fees. While virtually no one wants to foreclose on a homeowner for failure to pay their HOA fees, having that remedy available and knowing how to use it can be an invaluable tool for the Association. 

"The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. “  35-8A-316(a).  

HOA liens arise by operation of law, and with regards to the homeowner, needn't be recorded to be effective, but must be recorded to be effective against third parties. The process for non-judicial foreclosure, the standard means of foreclosure in Alabama, are straight-forward and well-documented.  We have undertaken this process many times in cases where homeowners have left the HOA with no other option.

Alabama law provides that for Condominiums formed after the adoption of the 1991 Uniform Condominium Act, and all others that so amend their By-Laws to provide for it, the Association may foreclose its lien against real property in “like manner” as a mortgage on real estate  35-8A-316(a).  The foreclosure process usually begins with appropriate written notice which generally includes, but is not limited to, publication in a “newspaper published in the county or counties in which such land is located” 35-10-13.   Prior to publication, the HOA will have sent reasonable prior notice of foreclosure to the homeowner as well as any lienholders of record.  Appropriate written notice and publication is usually followed by a sale of the property conducted on the courthouse steps. 

However, in many cases, long before any sale can occur, a prior mortgagee of the property steps in to assert its special rights under the Condominium Act.  First mortgage holders in many circumstances have the ability to “trump” the HOAs debt and its priorty to the extent of all but six months of past due association fees.  This makes it critically important that HOAs remain aggressive in both maintaining information on the mortgagees of their property and collecting from delinquent homeowners. 

Please contact us as soon as possible if your condominium association or HOA is having difficulty collecting the dues and other assessments for common expenses from homeowners. We have a mult-faceted approach for collecting from delinquent homeowners that will help ensure that your association will have less headaches from delinquent homeowners in the future.

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The Ryals Law Firm, PC - 217 Country Club Park Suite 434 Birmingham, AL 35213 - 205-6900-LAW

The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Damon R. Ryals, Business, Real Estate, Collections, Family Law and Estates Attorney in Birmingham, AL. Servicing Jefferson County, Blounty County, St. Clair County, Shelby County, Walker County, Tuscaloosa County, Blount County and Bibb County. ADAMSVILLE, 35005; ADGER, 35006; ALABASTER, 35007; ALLGOOD, 35013; ALTON, MOUNTAIN BROOK, 35213; BIRMINGHAM, 35015, 35020, 35021, 35022, 35023, 35201, 35202, 35203, 35204, 35205, 35206, 35207, 35208, 35209, 35210, 35211, 35212, 35213, 35214, 35215, 35216, 35217, 35218, 35219, 35220, 35221, 35222, 35223, 35224, 35226, 35228, 35229, 35231, 35232, 35233, 35234, 35235, 35236, 35237, 35238, 35242, 35243, 35244, 35246, 35249, 35253, 35254, 35255, 35259, 35260, 35261, 35266, 35282, 35283, 35285, 35287, 35288, 35290, 35291, 35292, 35293, 35294, 35295, 35296, 35297, 35298; BROOKSIDE, 35036; BURNWELL, 35038; CHELSEA, 35043; CHILDERSBURG, 35044; CLAY, 35048; COLUMBIANA, 35051; COOK SPRINGS, 35052; CORDOVA, 35550; CROPWELL, 35054; DOCENA, 35060; DOLOMITE, 35061; DORA, 35062; EMPIRE, 35063; FAIRFIELD, 35064; FULTONDALE, 35068; GARDENDALE, 35071; GOODSPRINGS, 35560; GRAYSVILLE, 35073; HARPERSVILLE, 35078; HAYDEN, 35079; HELENA, 35080; KIMBERLY, 35091; LEEDS, 35094; LOCUST FORK, 35097; MARGARET, 35112; MAYLENE, 35114; MC CALLA, 35111; MOODY, 35004; MORRIS, 35116; MOUNT OLIVE, 35117; MULGA, 35118; NEW CASTLE, 35119; ODENVILLE, 35120; PALMERDALE, 35123; PELHAM, 35124; PELL CITY, 35125; PELL CITY, 35128; PINSON, 35126; PLEASANT GROVE, 35127; QUINTON, 35130; REMLAP, 35133; SAGINAW, 35137; SAYRE, 35139; SHANNON, 35142; SILURIA, 35144; SIPSEY, 35584; SPRINGVILLE, 35146; STERRETT, 35147; SUMITON, 35148; TRAFFORD, 35172; TRUSSVILLE, 35173; VANDIVER, 35176; VINCENT, 35178; WARRIOR, 35180; WATSON, 35181; WATTSVILLE, 35182; WESTOVER, 35185; WILSONVILLE, 35186;