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| Public Act 103-0083 | ||||
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Property Tax Code is amended by changing | ||||
Section 10-35 as follows:
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(35 ILCS 200/10-35)
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Sec. 10-35. Subdivision common areas.
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(a) Residential property which is part of a development,
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but which is individually owned and ownership of which | ||||
includes the right,
by easement, covenant, deed or other | ||||
interest in property, to the use
of any common area for | ||||
recreational or similar residential purposes shall
be assessed | ||||
at a value which includes the proportional share of the value
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of that common area or areas.
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Property is used as a "common area or areas" under this | ||||
Section if
it is a lot, parcel, or area, the beneficial use and | ||||
enjoyment of which
is reserved in whole as an appurtenance to | ||||
the separately owned lots, parcels,
or areas within the | ||||
planned development.
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The common area or areas which are used for recreational | ||||
or similar
residential purposes and which are assessed to a | ||||
separate owner and are located
on separately identified | ||||
parcels, shall be listed for assessment purposes at $1
per | ||||
year.
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(b) In counties with 3,000,000 or more inhabitants, any | ||
person desiring to
establish or to reestablish an assessment | ||
of $1 for any parcel on the grounds of
common area status under | ||
this Section shall submit an application for the
assessment to | ||
the assessor. The application shall be submitted at the time
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within which other applications for revisions of assessment | ||
may be made under
Section 14-35 by taxpayers in the township | ||
where the parcel is located, and
shall be in the form and | ||
accompanied by documentation, as the assessor may
require.
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(b-5) In counties with fewer than 3,000,000 inhabitants, | ||
the chief county assessment officer may require any person | ||
desiring to establish or reestablish an assessment of $1 for | ||
any parcel on the grounds of common area status under this | ||
Section to submit an application for the assessment to the | ||
chief county assessment officer. The application shall be | ||
submitted no later than June 30 of the year for which the | ||
assessment is sought and shall be in the form and accompanied | ||
by documentation that the chief county assessment officer | ||
requires. | ||
(c) If a $1 assessment is established pursuant to the | ||
application it may be
maintained from year to year so long as | ||
the ownership or use of the parcel has
not changed. When any | ||
change in ownership, use or other relevant fact occurs it
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shall be the duty of the new owner in cases of change in | ||
ownership, or of the
current owner in all other cases, to | ||
notify the assessor in writing within 30
days of the change. | ||
The notice shall be sent by certified mail, return receipt
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requested, and shall include the name and address of the | ||
taxpayer, the legal
description of the property, and the | ||
permanent index number of the property
where such number | ||
exists. If the failure to give such notification results in
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the assessor continuing to assess the property at $1 in | ||
subsequent years in
error, the property shall be considered | ||
omitted property under Section 9-265.
Nothing in this Section | ||
shall be construed to limit the assessor's authority to
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annually revise assessments subject to this Section under the | ||
procedures of
Section 9-85.
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(d) No objection shall be made to the denial of an | ||
assessment of $1 under
this Section in any court except under | ||
Sections 21-175 and 23-5. No person may
object to or otherwise | ||
challenge the failure of any parcel to receive an
assessment | ||
of $1 under this Section in any proceeding in any court unless | ||
an
application for the $1 assessment was made under | ||
subsections subsection (b) and (b-5) of this
Section.
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(Source: P.A. 85-1386; 88-455.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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