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HalP1 (Massachusetts)
Posts: 4
Posted:
Our 55+ community consists of 50 single family haomes. We own our homes and land. The HOA is responsible for landscaping (mowing, fertilizing, shrub trimming, etc) and snow removal for the entire community including common areas. We have a small stream that cuts the property in half, and you have to cross small bridges to enter and leave the back section of the community. To make the bridges unique the developer installed covered bridges similar to old New England types. The town we are in assess our common land which the HOA must pay taxes on. They are also assessing us $90,000 for the two covered bridges which does not sound fair as they really have no value. We can't sell them or rent them. They actually cost us money to maintain them. We are going to try filing for an abatement and see what happens. Any help on this would be appreciated.
DavidW5 (North Carolina)
Posts: 565
Posted:
Here in Prince William County, Va. our HOA pays no property taxes on the common areas. These include a large clubhouse, pools, 41 landscaped acres, etc. The theory used by the county is that the assessed values of each of the 801 homes in the HOA are higher due to the presence of the common amenities. Therefore, we are paying the property taxes directly, rather than through the HOA.

I don't think you can successfully argue that the bridges have no value because you can't sell them. That is true of ALL common elements.

One thing to look into: are the assessments of your homes similar to or higher than those of equivalent homes in non HOA neighborhoods?
HalP1 (Massachusetts)
Posts: 4
Posted:
Thanks for the info. We pay taxes on our community building and pool as well as common land and the bridges. It of course goes up every year. Perhaps as you say the better argument is that these amenities are covered in our individual home tax bills. The amenities were included in our community at no extra charge when the homes were built. The developer must have paid for them from what he charged for the homes. Our tax assessments are based on what we paid for the homes.
Worth a try.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Just a thought: what would happen if your association chose to not pay the taxes?

The assessor would file a tax lien and eventually try to sell the common areas at auction. But why would anyone bid? What they would get is property that is subject to the CC&R's and whatever easements were filed by the developer. The buyer could not let the bridges fall into disrepair as he would undoubtedly get sued. Ditto for the rest of the common areas.

I am not suggesting that you just not pay the tax but you could use that arguement as a bargaining chip.

BTW, I know of one strip of land with dimensions of something like 6 feet wide and 100 feet long that one county assessor tried to sell off under a tax lien for years. There are just some properties out there that have no market value for one reason or another.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Your post had me a bit perplexed. It seemed to be a case of double taxation. Which is illegal. Your home tax assessments are paying for the city taxes and also the HOA is paying the city's taxes. You being a member of the HOA and a homeowner is paying twice the tax. Although not in the same capacity. You the homeowner are paying individually but you as a HOA member is paying as a group. I would ask about if the HOA as a corporation can file for some kind of exemption? Some states have differerent laws about taxing corporations. This is something to look into.

Why they may be taxing the bridges is of real interest as well. One would think they wouldn't be taxable. However, as a normal bridge this would most likely have been the case. Here's what may have happened...The builder applied for a builder's permit through the city when they built the bridges. This made the bridges the bridges taxable as they are now considered a "structure". It's similar to building a garage or other significantly sized structure on the property. Some states charge taxes for structures on the property. Which could mean not only is your house subject to taxes but your detached garage may be as well. This could explain why these bridges fall under the taxes to be paid.

Do you have insurance on these bridges? Your HOA may want to insure these bridges especially if you have to continue to pay taxes on them. We had a park nearby that had put up a similar bridge. A flood destroyed and wiped it away. It took awhile to rebuild as they didn't insure it. A consideration for your HOA.

Former HOA President
HalP1 (Massachusetts)
Posts: 4
Posted:
It sure is double taxation. But the state of MA allows it in the case of HOAs. We fought paying tax on our community building and pool and lost as it is state law. The bridges seem to be taking it to far. We will appeal the next bill and see what happens. I am certain that the developer had to pull a permit to build them as they are structures. We do carry insurance that covers them for loss.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is kind of unfair I agree. Not sure how to fix this issue than going to the State and requesting HOA's exempt from certain taxes. If you weren't an HOA, you wouldn't be in this situation. However, since you are a HOA and separate owners this scenerio means subject to double taxation.

Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Yep. Thats why they call it Tax-a-chusetts.
FredS7 (Arizona)
Posts: 927
Posted:
> It seemed to be a case of double taxation.

Not at all. As described there is only one property tax per piece of property. Apparently some localities tax amenities less than once.

> Just a thought: what would happen if your association chose to not pay the taxes? The assessor would file a tax lien and eventually try to sell the common areas at auction.

This would be a foolish idea. Maybe the purchaser could charge tolls to cross the bridges? This would make it a paying proposition for the purchaser. Or cart off the bridges and sell them?

Property tax policy is very local. You MIGHT be able to argue that you are being assessed for more than other comparable properties. Other than that, start a movement to throw out the local officials and put in new ones that will cut taxes and services. If you really think that is a good idea.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By FredS7 on 11/28/2011 1:36 PM

> Just a thought: what would happen if your association chose to not pay the taxes? The assessor would file a tax lien and eventually try to sell the common areas at auction.

This would be a foolish idea. Maybe the purchaser could charge tolls to cross the bridges? This would make it a paying proposition for the purchaser. Or cart off the bridges and sell them?

This would depend on whether there are easements allowing the members to use the bridges and other common areas. If the common areas were properly deeded and easements properly recorded, then a purchaser at a tax sale would not be able to remove the bridges.

At any rate, it was just a suggestion for bargaining with the assessor over the tax bill. People who purchase properties at tax sales are looking for a quick buck. Few if any would want to be in the toll road business, especially if the users have a perpetual right to use the roads and bridges and the buyer would be responsible for all maintenance and snow removal. Depending on state law, it may take three or more years before the property could be auctioned off. How many tax lien bidders are prepared to shell out $180,000 in hard cold cash for two bridges on what are essentially private driveways?

As things stand right now, the greedy assessor is looking at these common areas as a means to gouge the pockets of a few to put money in the town coffers. Threatening to not pay the tax bill at all means the town faces the prospect of getting zero dollars for several years until it can auction the properties. When no one bids at the tax lien sale, the town is stuck with owning and maintaining the common areas. That possibility ought to wipe the smile off the greedy assessor's face and get him to bargain for a more reasonable amount.

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