Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Revenue and Taxation Code

Property Taxation

Part 4. Levy of Tax

CHAPTER 2. Effect of Tax

Section 2188.8

2188.8. Separate assessment of time-share estates. (a) Whenever the assessor receives a written request for separate assessment of time-share estates in a time-share project, as defined in Section 11212 of the Business and Professions Code and as specified in subdivision (h) of this section, the assessor shall, on the first lien date that occurs more than 60 days following the request, and on each lien date thereafter, separately assess each time-share estate in the project if the assessor determines that the conditions specified in subdivision (c) have been met. Whenever estates in a time-share project are separately assessed, they shall continue to be separately assessed in subsequent fiscal years and, once a request for separate assessment is made with respect to a project, it is binding on all future time-share estate owners.

(b) The interest that is to be separately assessed is the value of the right of recurrent, exclusive use or occupancy of real property, annually or on some other periodic basis, for a specific period of time that has been, or will be, allotted from the use or occupancy periods into which the project has been divided.

(c) The separate assessment of a time-share estate may not be made by the assessor unless both of the following occur:

(1) The person making the request certifies that the request for separate assessment has been approved in the manner provided in the organizational documents of the organization involved for approval of matters affecting the affairs of the organization generally.

(2) A diagrammatic floor plan of the improvements, a copy of the documents setting forth the procedures for scheduling time and units to each time-share estate owner, and a list of every time-share estate owner, with a date notation thereon showing when, according to the organization's records, each time-share estate was acquired, have been filed with the assessor. A plot map of the land showing the location of the improvements on the land need not be filed unless requested by the assessor. The organization shall file an annual statement for each succeeding assessment year, on or before April 1, with the assessor setting forth any changes to the required information known to the organization. The list or other information provided pursuant to this section is not a public document and shall not be open to public inspection, except as provided in Section 408.

(d) Notwithstanding subdivision (c), this section shall not be construed to require any person making a request for separate assessment to meet the requirements of the Subdivision Map Act, nor shall the approval of any governmental agency be required for separate assessment.

(e) The tax on a time-share estate that is separately assessed pursuant to this section shall be a lien solely on the time-share estate and shall be entered on and be subject to all provisions of law applicable to taxes on the secured roll, provided:

(1) If the taxes on any time-share estate that is separately assessed remain unpaid at the time set for declaration of default for delinquent taxes, the taxes on the time-share estate, together with any penalties and costs that may have accrued thereon while on the secured roll, may be transferred to the unsecured roll.

(2) Defaulted time-share estate taxes remaining unpaid on any prior year secured tax roll may be transferred to the unsecured roll and collected like any other tax on the unsecured roll.

(f) The assessor shall provide to the principal office of each time-share project within the taxing jurisdiction, at the time and in the manner as he or she deems appropriate, adequate notice of the provisions of this section and other pertinent information relative to the implementation thereof.

(g) The county may charge a fee for processing an application for separate assessment and for the initial and the on-going costs, not to exceed the actual cost, of the separate assessment and billing, and mailings, with respect to a time-share project. This fee is subject to Chapter 12.5 (commencing with Section 54985) of Part 1 of Division 2 of Title 5 of the Government Code, and shall be proportionately allocated to each of the time-share estate owners. This fee may be collected commencing with the initial separate tax bills, and on subsequent tax bills, and deposited in the county's general fund.

(h) For purposes of this section, "time-share estate" applies to time-share estates, as defined in Section 11212 of the Business and Professions Code, that include a fee simple interest in the underlying property involved. However, "time-share estate" does not include time-share estates that are coupled with a leasehold interest or an estate for years.

(i) Notwithstanding subdivision (a), when the assessor receives a written request to terminate the separate assessment of time-share estates in a time-share project under subdivision (a), the assessor shall, on the first lien date that occurs more than 60 days following the request, and on each lien date thereafter, prepare a single assessment for all time-share estates in the project. In order to obtain a single assessment, the person making the request shall provide certification that the request for a single consolidated assessment has been approved in the manner provided in the organization's documents. The person making the request shall also state the name and address of that organization as the organization to receive the single consolidated assessment. On the first lien date, and continuing thereafter, the county shall assess the time-share project. Any lien for taxes shall attach as if the election previously made under subdivision (a) had not been made, and the county shall no longer charge the fees described in subdivision (g).

History.—Added by Stats. 1982, Ch. 887, in effect September 10, 1982. Stats. 1991, Ch. 532, in effect January 1, 1992, added "processing an . . . assessment and for" after "charge a fee for" and added ", mailings," after "assessment and billing" in the first sentence, added "subject to Chapter 12.5 . . . Code, and shall be" after "shall be", and deleted ", collected commencing with the initial separate tax bills, and deposited in the county's general fund" after "owners" in the second sentence, and added the third sentence in subdivision (g). Stats. 1993, Ch. 905, in effect October 8, 1993, substituted ", provided:" for "." after "roll" in subdivision (e) and added paragraphs (1) and (2) therein. Stats. 1994,Ch. 146, in effect January 1, 1995, substituted "that" for "which" after "lien date" in the first sentence of subdivision (a); added "both . . . occur" after "unless" in subdivision (c); substituted a period for "; and" after "generally" in paragraph (1), and substituted "the" for "such" after "changes to" in the third sentence of paragraph (2) of subdivision (c); deleted "the provisions" after "Notwithstanding" in subdivision (d); substituted "the" for "such" twice, and added "or she" after "he" in subdivision (f); and substituted "that" for "which" in subdivision (h). Stats. 1996, Ch. 541, in effect January 1, 1997, substituted "time-share" for "timeshare" throughout the section, and added subdivision (i). Stats. 1997, Ch. 17(SB 947), in effect January 1, 1998, added a comma after "fiscal year and" in the second sentence of subdivision (a), substituted "is" for "shall be" after "fee" in the second sentence of subdivision (g), and substituted "time-share" for "timeshare" twice in subdivision (h). Stats. 2004, Ch. 697 (AB 2252), in effect January 1, 2005, substituted "Section 11212" for "Section 11003.5" after "as defined in" in the first sentence of subdivision (a) and substituted "Section 11212" for "Section 11003.5" after "as defined in" in the first sentence of subdivision (h).

Note.—Section 3 of Stats. 1982, Ch. 887, provided that no appropriation is made by this act pursuant to Section 2231 or 2234 of the Revenue and Taxation Code or Section 6 of Article XIII B of the California Constitution because self-financing authority is provided in this act to cover costs that may be incurred in carrying on any program or performing any service required to be carried on or performed by this act.