Legal Question in Real Estate Law in Maine

tax assessment /incorrect condo tax assessment

We own a condo in a five condo association; 3 of the condos, not ours, have square footage that differ from the recorded information in the city records. one higher and two lower. There is a logical explanation for the difference. The developer, long gone, created the problem. We don't know who knows what. Does this create a problem for us? How can it be resolved without causing major tension.


Asked on 5/27/08, 12:33 pm

4 Answers from Attorneys

Re: tax assessment /incorrect condo tax assessment

The problem is that you would have to amend the Master Deed and alter the square footage and precentages. The Legal Time to do this is not that much, but you would need an archtitect to certify the changes. Once that is done, future tax assessments will be corrected. Here is the problem, the person with the larger unit may not want to consent.

Also, the parties should find out how much of a difference in tax this would make a year. You would have to weigh that agains the cost to everyone and the rancor that could be created.

There may be other ways to do what you want to have happen as well. If the parties are agreed to the size of each unit, you might be able to get the Master Deed amended and the town to accept the changes.

I would be happy to meet with your group without obligation or charge for 30 minutes. It would be in your interest to determine what your options are.

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Answered on 5/27/08, 1:47 pm
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: tax assessment /incorrect condo tax assessment

I am not clear from your question if the condo plat/plat is correct and it is just the assessor who is using inconsistent information. If that is the case, then an informal discussion with the tax assessor to demonstrate the actual sq of each unit should suffice. Maine assessors are pretty informal, even if they do not ultimately agree. Re-allocating the sq should not change the overall tax assessment of the condo, just reallocate it differently within the units. Ultiamtely, the unit owner who feels they are over assessed can request an abatement, but the costs for that may outweigh the difference in tax savings (mil rate times reduction in assessment).

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Answered on 5/27/08, 2:02 pm
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: tax assessment /incorrect condo tax assessment

I am not clear from your question if the condo plat/plat is correct and it is just the assessor who is using inconsistent information. If that is the case, then an informal discussion with the tax assessor to demonstrate the actual sq of each unit should suffice. Maine assessors are pretty informal, even if they do not ultimately agree. Re-allocating the sq should not change the overall tax assessment of the condo, just reallocate it differently within the units. Ultiamtely, the unit owner who feels they are over assessed can request an abatement, but the costs for that may outweigh the difference in tax savings (mil rate times reduction in assessment).

Read more
Answered on 5/27/08, 2:03 pm
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: tax assessment /incorrect condo tax assessment

I am not clear from your question if the condo plat/plat is correct and it is just the assessor who is using inconsistent information. If that is the case, then an informal discussion with the tax assessor to demonstrate the actual sq of each unit should suffice. Maine assessors are pretty informal, even if they do not ultimately agree. Re-allocating the sq should not change the overall tax assessment of the condo, just reallocate it differently within the units. Ultiamtely, the unit owner who feels they are over assessed can request an abatement, but the costs for that may outweigh the difference in tax savings (mil rate times reduction in assessment).

Read more
Answered on 5/27/08, 2:03 pm


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