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Taxes and Fees
Condo Law 339-y was deemed unfair by association homeowners even before recently being notified by FEMA and their municipality government that costs to remove debris from the October storm would not be covered.
Townhouse and condominium homeowners who pay full property taxes were taken aback by the lack of response from federal and local municipalities to offer any cleanup aid, especially considering the October storm was declared a “national disaster”.
Now they are really upset! So much so that they are now more vigorous in their opposition to the current interpretation of Condo Law 339-y, whereby single- family patio homes with homeowner associations receive property and school tax reductions.
It is my understanding that it has been mandated that sometime in December state assessors will be meeting with representatives from the State Builders Association to find common ground in revising the language and intent of this law.
There was a past reform bill in Albany that would revert the Condo Law to its original intent, namely, for use for parties occupying high-rise condominiums, four stories or more in height. Unfortunately, pledged bill sponsors did not move forward to get the bill to legislative committee and builders are still applying for and receiving Attorney General permits that allow them to continue to profane the intent of the law.
In 2004, Lancaster’s Town Board memorialized the State Legislature to disallow Condominium Law tax breaks to developments that do not meet the intent of the ordinance – apartment complexes four or more stories high. The Association of State Assessors did so as well.
The homeowner associations that pay full taxes have private roads and pay to maintain them and plow them in the winter. They pay to maintain their own sewer and water lines, lighting, etc. They receive no Condo Law 339-y tax reduction considerations.
Currently, there are no patio home developments operating in Lancaster. Several are in the planning stages and/or have been approved. When questioned by the Lancaster Planning Board whether there was intent to apply for Condominium Law 339-y consideration, several applicants replied in the affirmative.
Whatever transpires at the assessor / builder conference, the 339-y consideration for single-family homes should be immediately halted and the original intent of the law reinstated – for homeowners residing in buildings four or more stories in height.
Prospective association homeowners: beware!
Builders and their realtors like to sell the idea of 339-y tax reductions as a marketing tool. By getting a property tax reduction, sometimes as high as 35 percent, they tell us that we can now afford a higher mortgage and therefore buy more house for the difference. The day of reckoning is coming!
That’s not as slick as their new game. The Town of Lancaster will no longer accept storm water detention ponds, mostly for reasons of maintenance cost and liability. Developers are therefore forming subdivision associations whereby the association is tasked with taking care of pond maintenance, oft times sold as a recreation body of water.
In today’s world, it is imperative that prospective association homebuyers understand the nature of their association contracts; what they are buying into. Whether the roads are private or public and what the association responsibilities and liabilities are.
The vast majority of association homeowners knew what they were purchasing years ago regarding association fees and knowing full well that they would be paying full property taxes. They accepted the terms. After now finding that they have been deemed private entities and not eligible for relief from “natural disaster” causes, they wonder why they are paying full taxes?
And, as they will be obligated to continue paying full property and school taxes, they sure as hell don’t want to see single-family patio homes get Condo Law 339-y consideration.
Whether the Town of Lancaster has petitioned the State Legislature to revise the law for altruistic reasons, or for more revenue, it doesn’t matter, they have. As of now, the town of Lancaster does not have any single-family patio home developments receiving tax reductions under Condominium Law 339-y. This onerous and discriminating law needs to revert to its original intent.
Should that not happen, it would be deemed only appropriate homeowners living in multi-unit complexes receive like tax reduction considerations. Otherwise, such non parity practice could warrant the consideration of the filing of a state-wide discrimination class action suit.
Copies will be submitted to the appropriate state agencies.
© Copyright 2008 by Speakupwny.com
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