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Practice Of Real Estate DisclosuresMello_roos_and_special_taxesMEDIUM

A buyer is purchasing a home in a new development in Elk Grove, California. The listing discloses that the property is within a Mello-Roos Community Facilities District. The buyer asks whether the Mello-Roos special tax is subject to Proposition 13's 2% annual increase cap. What is the correct answer?

Correct Answer

B) No, Mello-Roos special taxes are NOT subject to Proposition 13's 2% annual increase limitation and may increase based on the terms of the CFD

Mello-Roos special taxes are specifically NOT subject to Proposition 13's 2% annual assessment increase cap. Prop 13 limits the base ad valorem property tax, but Mello-Roos is a voter-approved special tax authorized under a separate statute. The annual increase in Mello-Roos taxes is governed by the terms of the specific CFD bond issue, which may allow increases of 2% or more per year.

Answer Options
A
Yes, all California property taxes including Mello-Roos are limited to a 2% annual increase under Proposition 13
B
No, Mello-Roos special taxes are NOT subject to Proposition 13's 2% annual increase limitation and may increase based on the terms of the CFD
C
Yes, but only if the property was purchased after 2010 when Proposition 13 was amended
D
No, Mello-Roos taxes decrease over time as the bonds are paid off, so the 2% cap is irrelevant

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Related Topics & Key Terms

Key Terms:

mello_roosproposition_132_percent_capspecial_taxGov_Code_53340

Related Concepts

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

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A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.

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