Can an HOA evict you in Alabama? What to know

Can an HOA evict you in Alabama?

An HOA cannot directly evict a homeowner in Alabama, but it can pursue legal action that may result in foreclosure. Homeowners associations (HOAs) in Alabama do not have the same legal authority as landlords. They cannot evict a homeowner from their property simply for violating community rules.

However, when a homeowner repeatedly fails to pay dues, violates covenants, or ignores fines, the HOA can take legal steps to collect the money owed. One of those steps could include placing a lien on the property, which may lead to foreclosure. While this is not the same as an eviction, the end result may still be losing the home.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

What is the difference between eviction and foreclosure?

Eviction and foreclosure are not the same, and it's important for both board members and homeowners to understand the distinction. An eviction is a legal process used by landlords to remove a tenant from a rental property. HOAs in Alabama do not have the legal standing to evict homeowners because they are not landlords.

A foreclosure, on the other hand, is a legal process that can result in the forced sale of a property to recover unpaid debts, such as delinquent assessments owed to the association. In an HOA context, foreclosure is the primary enforcement tool available when a homeowner falls seriously behind on dues and does not respond to notices or payment options.
 

HOA foreclosure process in Alabama

HOAs in Alabama cannot file for eviction, but they may have the ability to place a lien on the property and pursue foreclosure. The process may vary depending on the specific circumstances, but if your HOA is covered by the Alabama Homeowners Association Act, it typically follows these steps:

1. When a homeowner misses an assessment payment, a lien automatically exists from the due date. HOA liens are generally subordinate to state and county tax liens, municipal assessments, and mortgages unless otherwise specified by law.
    
2. The HOA must give written notice of the assessment and the lien.
    
3. At least 30 days before the HOA records a statement of lien, it must send a warning to the owner by certified mail.
    
4. To perfect the lien, the HOA must record a verified “statement of lien” within 12 months after the assessment’s due date.
    
5. If the homeowner still doesn’t pay, the HOA must go to court to enforce the lien (a judicial foreclosure).
    
6. If the court orders a sale, the HOA must publish notice once a week for three consecutive weeks before the auction. Note: While judicial foreclosure is common, some HOAs may be permitted to pursue nonjudicial foreclosure if their governing documents specifically allow it.
    
7. After a foreclosure sale, many owners have a statutory right to buy the property back (the “right of redemption”), often up to one year. This window may be shorter in certain cases homestead cases.

The Alabama Homeowners Association Act applies to HOAs formed on or after January 1, 2016, or to older HOAs that have opted in by amending their governing documents. If your HOA is not covered by the Act, look to your HOA’s governing documents and Alabama law for lien and collection procedures.
 

Alabama homeowner rights

Homeowners in Alabama have rights during the lien and foreclosure process. State law and governing documents typically require that homeowners be given a reasonable opportunity to resolve the issue. If a foreclosure is initiated, homeowners can dispute the claim in court.

Additionally, Alabama homeowners have the right to:

• Request a detailed account of amounts owed
   
• Cure the delinquency before the foreclosure sale
   
• Redeem the property after a foreclosure sale within the statutory period (often up to one year), subject to the redemption rules
   
• Be represented by legal counsel during the process

If the foreclosure process was not conducted in compliance with the HOA’s governing documents or applicable state laws, homeowners may have grounds to challenge the action in court.
 

Can an HOA evict your tenant?

In some cases, an HOA may be able to take action against a tenant who violates the rules, but this does not typically involve evicting the homeowner. If a homeowner rents out their property and the tenant violates community rules or restrictions, the HOA may be permitted to fine the homeowner or demand corrective action.

Under Alabama’s HOA Act, boards may have the right to take some actions directly against a tenant, such as suspending the tenant’s use of association facilities, imposing penalties after notice and hearing, and enforcing certain rights the landlord could exercise under the lease. However, HOAs typically do not have direct eviction rights over tenants.

If legal action is needed, the responsibility usually falls to the homeowner as the landlord. That said, repeated tenant violations could ultimately impact the homeowner if they lead to fines, liens, or legal costs.
 

Can HOAs forgive or reduce fines?

Yes, many HOAs in Alabama have the authority to waive or reduce fines at their discretion. While associations are responsible for enforcing community rules, they can also adopt a reasonable approach based on the circumstances. Some boards choose to forgive fines when a homeowner resolves the underlying issue quickly or demonstrates a financial hardship. Others may reduce fines as part of a settlement agreement to avoid further legal action.

Decisions like these are typically made by the board, sometimes in consultation with legal counsel or the community’s property manager. Offering flexibility can help HOAs avoid prolonged disputes and maintain positive relationships with homeowners.
 

Alternatives to foreclosure

Many HOAs will attempt to resolve disputes without going to court.

Before placing a lien or filing for foreclosure, most associations will make multiple attempts to contact the homeowner. These may include:

• Payment plans for past-due balances
   
• Informal resolution meetings
   
• Temporary suspension of access to community amenities
   
• Referral to collections

Foreclosure is typically a last resort. It involves legal fees, time, and reputational risk for the association. Homeowners who are struggling to pay assessments or who are facing fines should communicate with their board or management company early. In many cases, resolution is possible without escalating to legal action.
 

How FirstService Residential supports Alabama communities

At FirstService Residential, we help boards navigate complex challenges with confidence, from understanding their enforcement options to maintaining compliance with Alabama laws. Our team brings deep experience in HOA operations, board guidance, financial management, and resident communication.

Whether you’re dealing with fines, delinquencies, or resident issues, we offer support that helps reduce risk and keeps your community running smoothly.

Contact us today to learn how we can support your board and enhance the value of your association.