Sailor county supervisors have canceled the sale of tax of a property in Tiburon, Climbing a force test with the buyer.
The county financial directors said that the sale of the package – a common area belonging to the association of owners of Tiburon View – during a public auction last March was an error and should be reversed. The buyer, Assertrenew, a limited liability company of Wyoming trained on March 11, 2024, did not agree.
In relation: Property of the Bay region has been auctioned for $ 6,600 by mistake. New owners want $ 1 million to recover it.
Comté supervisors voted unanimously to cancel the sale on November 5, but as Assertrenew challenged the decision, the supervisors led a second hearing on Tuesday and reaffirmed their previous decision.
County sailor reverses the sale of goods which were mistakenly sold to vomiting for $ 6,000
“Assetrenew tries to take advantage of what is equivalent to an office error,” said Richard Zuromski, the association's lawyer during the hearing. “He is looking for a manna of my clients according to this error.”
The common area includes a swimming pool, gardens, a leisure area and linen machines that are used by seven members of the living association on lots surrounding the Circle Drive property.
Zuromski said that ASTRENEW “demanded more than a million dollars for the common surface plot” and threatened to expel the association of the package if his request was not satisfied. Assetrenew paid $ 6,600 for the package.
The director of Assetrenew, Derek Leffers, could not be joined to comment. In a correspondence with the county before Tuesday's meeting, Assetrenew said that if the supervisors had canceled the purchase, he “would make an appeal and would bear this case to the county judge for resolution”.
Sandra Kacharos, Deputy Director of Finance of the County, said that Assetrenew “has no legal position to cancel the decision of the board of directors to cancel a tax sale”.
During the hearing on Tuesday, Kacharos told how the erroneous sale occurred.
The evaluated value of the common area is only $ 1 because the real value of the area is distributed between members of the association. However, because the common area was awarded an evaluation package number, 034-182-13, to identify it, other tax agencies authorized by measures and voting regulations have submitted direct costs. Direct costs can be collected by the county tax collector in the name of a tax agency at the same time as the other land taxes of the county.
The Belvedere Tiburon library, the sailor Emergency Radio Authority and the San Francisco Bay Restoration Authority have all submitted modest costs to the tax collector so that the common area can pay. From 2012 to 2018, the region accumulated $ 1,606 in unpaid taxes, which sparked the tax sale.
According to Zuromski, the tax bill of the common area was initially sent to the director of the association, Bayside Management and Leasing, who paid for it with the tax invoices for the other members of the association.
Bayside Management moved its Mill Valley office to Sausalito in 2010, and the company submitted a notification of change in tension to the American postal service. For unknown reasons for the association, the tax invoice of the parcel of the common area was not sent to the new address of Bayside.
Kacharos said that by virtue of the state law, a notification of American postal service does not change address for tax purposes. The owner of the file must submit a change of address to the county assessor.
Kacharos told supervisors on Tuesday that, whatever the details, income and tax code of the State “prohibit a tax privilege to join only a common area”.
“A privilege of property tax can only connect each batch separately and that the lot is only the lot in this common area,” she said. “Consequently, the package should not have been sold.”
Susan Barilich, lawyer representing Assetrenew, challenged the interpretation of the law by Kacharos by Kacharos. It cited the 1986 Davis-Stirling Act, which establishes rules for the creation, management and functioning of common interest developments, including owners' associations.
“The Davis-Stirling law remains important for the decision here in that it clearly allows the taxation of the common area,” said Barilich.
In an email sent to supervisors before the meeting, Barilich also wrote that the members of the Tiburon View Homeowners Association “simply have a” pleasure of pleasure “which does not imply any specific participation” in the common area. She said that the common area is not “held in common or by ownership of actions or membership in an association of owners”.
Barich did not respond to a request for additional comments on Thursday.
During the public commentary on the supervisor meeting, Zuromski replied: “When you buy a condominium or a house in a row, you do not buy the swimming pool and laundry facilities separately. You buy the common area with your package. The purchase price is on which you are taxed. ”
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