Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2017

Revenue and Taxation Code

Property Taxation

Part 4. Levy of Tax

CHAPTER 2. Effect of Tax

Section 2188.3

2188.3. Condominium; separate assessment. Whenever real property has been divided into condominiums, as defined in Section 783 of the Civil Code, (a) each condominium owned in fee shall be separately assessed to the owner thereof, and the tax on each such condominium shall constitute a lien solely thereon; (b) each condominium not owned in fee shall be separately assessed, as if it were owned in fee, to the owner of the condominium or the owner of the fee or both (and the tax on each such condominium shall be a lien solely on the interest of the owner of the fee in the real property included in such condominium and on such condominium), if so agreed by the assessor in a writing of record; such an agreement shall be binding upon such assessor and his successors in office with respect to such project so long as it continues to be divided into condominiums in the same manner as that in effect when the agreement was made.

History.—Added by Stats. 1963, p. 2096, in effect September 20, 1963.

Separate assessment made only after at least one unit sold.—Unlike a normal subdivision where separate assessments of individual units is automatic in years after the year in which the tract map is filed, condominiums, owned in fee, are separately assessed only after the sale of at least one unit. County of Los Angeles v. Hartford Accident and Indemnity Company, 3 Cal.App.3d 809.