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Practice Of Real Estate DisclosuresMello_roos_and_special_taxesMEDIUM

A group of homeowners in an established California neighborhood receives notice that a local agency is proposing to form a Mello-Roos Community Facilities District that would include their properties. What is required for the CFD to be legally established?

Correct Answer

B) A two-thirds supermajority vote of registered voters within the proposed district, or of landowners by acreage if fewer than 12 registered voters reside there

Under California Government Code §53326, formation of a Mello-Roos CFD requires approval by two-thirds of the registered voters within the proposed district. In areas with fewer than 12 registered voters — common in undeveloped or lightly occupied land — the vote is conducted by landowners, weighted by acreage owned. This supermajority requirement protects existing property owners from being unilaterally subjected to special tax obligations.

Answer Options
A
Approval by a simple majority of the city council, with no vote required from affected property owners
B
A two-thirds supermajority vote of registered voters within the proposed district, or of landowners by acreage if fewer than 12 registered voters reside there
C
Unanimous consent of all property owners within the proposed district boundary
D
A majority vote of registered voters within the proposed district, with the local agency retaining authority to override a failed vote

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Related Topics & Key Terms

Key Terms:

mello_roosCFD_formationvoter_approvaltwo_thirdsGov_Code_53326

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