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California Tax Data
The seller must provide not
only a Notice of Special Tax to disclose the presence of Mello-Roos
Community Facilities Districts, but also a Notice of Special
Assessment for 1915 Act Special Assessment Districts. |
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In 1982, two state legislators, Sen.
Henry Mello (Dem., Watsonville) and Assemblyman Mike Roos (Dem.,
West Hollywood) found a way around proposition 13 and affected
passage of a bill known as the Community Facilities Act. This act
authorized local governments and developers to create Community
Facilities Districts for the purpose of selling tax-exempt bonds to
fund public improvements. The homeowner then pays an annual special
assessment tax, to pay back the bonds.
Most new neighborhoods in Orange
County have Mello-Roos fees. These help pay for new roads, schools,
parks, libraries,, and other community services in developing
areas. But they also affect the affordability of houses that have
them.
Some of the most important questions
you can ask when house hunting are:
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How much is the Mello-Roos?
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How long does it last?
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Does it increase every year?
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If you would like to view a line item
Property Tax
Search, to see if a house that you are considering to buy, has a
Mello-Roos tax and how much it is, just fill in the search field
with the properties address and then continue until you see the
small blue link that says "Click Here for Details".
The Detail report will show you a line
item summary of the taxes levied on that property.
If the site is down, you can call
714-834-2455 for the same information. |
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Understanding Mello-Roos
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What Is
Mello-Roos
Mello-Roos is an area where a special tax is imposed on
those real property owners within a Community Facilities
District. This district has chosen to seek public improvements
and services. These services may include streets, water,
sewage, and drainage, electricity, infrastructure, schools,
parks, and police protection to newly developing areas. The tax
you pay is used to make the payments of principal and interest
on the bonds. |
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Are The
Assessments Included Within The Proposition 13 Tax Limits?
No, the passage of Proposition 13 in 1978 severely
restricted local government in its ability to finance public
capital facilities and services by increasing real property
taxes. The “Mello-Roos Community Facility Act of 1982” provided
local government with an additional financing tool. The
Proposition 13 tax limits are on the value of the real property,
while Mello-Roos taxes are equally and uniformly applied to all
properties. |
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How Long
Does The Tax Stay In Effect?
The tax will stay in effect as long as it is needed to pay
the expenses of service or until the principal and interest on
the bonds are paid off along with any reasonable administrative
costs incurred in collecting the special tax, but in no case
shall exceed 40 years. |
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What Are My
Mello-Roos Taxes Paying For?
Your taxes may be paying for both services and facilities.
The services may be financed only to the extent of new growth,
and services include police protection, fire protection,
ambulance and paramedic services, recreation program services,
library services, the operation and maintenance of parks,
parkways and open spaces, museums, cultural facilities, floor
and storm protection and services for the removal of any
threatening hazardous substance. The facilities which may be
financed under the Act include property with an estimated useful
life of five years or longer, parks, recreation facilities,
parkway facilities, open-space facilities, elementary and
secondary school sites and structures, libraries, child care
facilities, natural gas pipeline facilities, telephone lines,
facilities to transmit and distribute electrical energy, cable
television and others. |
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What Is The
Basis For The Tax?
Most special taxes levied on properties within these
districts have been structured on the basis of density of
development, square footage of construction, or flat acreage
changes. The act, however allows for considerable flexibility
in the method of apportionment of taxes, and the local agencies
may have established an entirely different method of levying the
special tax against property in the district in question. |
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How Much
Will The Mello-Roos Payments Be?
The amount of tax may vary from year to year, but may not
exceed the maximum amount specified when the district was
created. In the case of the purchase of a new house with a
subdivision, the maximum amount of the tax will be specified in
the public report.
The Resolution of Formation must specify the rate method of
apportionment, and manner of collection in sufficient detail to
allow each land-owner within the proposed district to estimate
the maximum amount that he or she will have to pay. |
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How Is The
Special Tax Reflected On Real Property Records?
The special tax is a lien on your property, essentially like
a regular tax lien. The lien is recorded as a “Notice of
Special Tax Lien” which is continuing to lien to secure each
levy of the special tax. |
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What Happens
If A General Tax Payment Is Not Made On Time?
By purchasing an interest in a subdivision within a
Community Facilities District you can expect to be assessed for
a Mello-Roos tax which will typically be collected with your
general property tax bill. |
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How Are
Mello-Roos Taxes Affected When The Property Is Sold?
The Mello-Roos tax
assessed against the land, but is not based upon the value of
the property; therefore the possible increased value of the
property is sold. The amount of the tax may not exceed the
original maximum amount stated in the Resolution of Formation.
Any delinquent payments must be satisfied before the sale of the
real property since the underpaid amounts are a lien against the
property. |
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