100.555
Taxation of units; exemptions; uniform appraisal and assessment; rules. (1)(a) Each unit with its
allocation of undivided interest in the common elements shall be considered a
parcel of real property, whether fee simple, leasehold, easement or other
interest or combination thereof, subject to separate assessment and taxation by
any taxing unit in like manner as other parcels of real property. A unit
created by a declaration or supplemental declaration recorded with the
recording officer under ORS 100.100 or 100.120 shall be assessed in the name of
the unit owner.
(b) The common
elements may not be considered a separate parcel for purposes of taxation.
(2) In
determining the real market value of a unit with its undivided interest in the
common elements, the county assessor may use the allocation of undivided
interest in the common elements appertaining to a unit as expressed in the
declaration. Determination of real market value of a unit based upon a
leasehold estate shall be the same as a unit in fee simple. There shall be no
diminution of value by reason of the term of said lease.
(3) Exemptions
from executions and real property taxes apply to the owner of each unit or to
the individual units, as the case may be.
(4) The
Department of Revenue shall have the authority to make rules and regulations
prescribing methods best calculated to secure uniformity according to law in
the appraisal and assessment of units constituting part of a property submitted
to the provisions of this chapter. [Formerly 94.285; 1991 c.459 §340; 2001
c.756 §52]
REMOVAL OF PROPERTY
FROM UNIT OWNERSHIP
Notes of Decisions
Talarico v. Deschutes Cnty. Assessor, 17 Or. Tax 37 (Or. T.C. 2001).
· cites it 3× “” According to the above, each condominium unit is considered a parcel of real property and is valued as such. Each one-fifth undivided interest in a condominium is merely an undivided interest in a parcel of real property.”
AKS LLC v. Dept. of Rev., 23 Or. Tax 300 (Or. T.C. 2019).
“” ORS 100.555(1)(a). Nor do taxpayers dispute that the declara- tion required the assessor to compute a new MAV for each post-subdivision condominium unit.”
Trendwest Resorts, Inc. v. Dep't of Revenue, 18 Or. Tax 187 (Or. T.C. 2005).
“Having implicated the condominium form of property ownership, taxpayer points to ORS 100.555(l)(a), which provides that each condominium unit is “subject to separate assessment and taxation by any taxing unit in like manner as other parcels of real party.”
Kiersky v. Deschutes Cnty. Assessor (Or. T.C. 2023).
· cites it 2× “As stated above, the condominium unit in the present case is under fractional ownership; Plaintiffs hold a one-tenth undivided interest in the unit itself (not to be confused with the unit’s undivided interest in the common elements).”
Ass'n of Unit Owners v. Dep't of Revenue, 12 Or. Tax 36 (Or. T.C. 1991).
· cites it 4× “The motion was made to resolve a dispute concerning the application of ORS 100.555. The subject property consists of 231 condominium units) and other resort facilities located on 75 acres of leased land.”
Buckles v. Deschutes Cnty. Assessor (Or. T.C. 2015).
· cites it 2× “125, Article IX, section 1, of the Oregon Constitution, and case law state that the value of the subject property must be determined as a fraction of the value of the whole condominium. B. Aggregate Valuation of Undivided Interests Plaintiff argues that the court should…”
Seaside Investments LLC v. Clatsop Cnty. Assessor, 21 Or. Tax 136 (Or. T.C. 2013).
“ISSUE The issue in this appeal is the real market value, as of January 1, 2008, of each of the condominium units. IV. ANALYSIS The parties do not disagree that the property to be valued in this case is each of the condominium units rather than the project as a whole.”
— Or. Rev. Stat. § 100.555(1) — 3 cases
Talarico v. Deschutes Cnty. Assessor, 17 Or. Tax 37 (Or. T.C. 2001).
“” According to the above, each condominium unit is considered a parcel of real property and is valued as such. Each one-fifth undivided interest in a condominium is merely an undivided interest in a parcel of real property.”
Buckles v. Deschutes Cnty. Assessor (Or. T.C. 2015).
“125, Article IX, section 1, of the Oregon Constitution, and case law state that the value of the subject property must be determined as a fraction of the value of the whole condominium. B. Aggregate Valuation of Undivided Interests Plaintiff argues that the court should…”
Ass'n of Unit Owners v. Dep't of Revenue, 12 Or. Tax 36 (Or. T.C. 1991).
“The motion was made to resolve a dispute concerning the application of ORS 100.555. The subject property consists of 231 condominium units) and other resort facilities located on 75 acres of leased land.”
— Or. Rev. Stat. § 100.555(1)(a) — 4 cases
AKS LLC v. Dept. of Rev., 23 Or. Tax 300 (Or. T.C. 2019).
“” ORS 100.555(1)(a). Nor do taxpayers dispute that the declara- tion required the assessor to compute a new MAV for each post-subdivision condominium unit.”
Kiersky v. Deschutes Cnty. Assessor (Or. T.C. 2023).
“As stated above, the condominium unit in the present case is under fractional ownership; Plaintiffs hold a one-tenth undivided interest in the unit itself (not to be confused with the unit’s undivided interest in the common elements).”
Seaside Investments LLC v. Clatsop Cnty. Assessor, 21 Or. Tax 136 (Or. T.C. 2013).
“ISSUE The issue in this appeal is the real market value, as of January 1, 2008, of each of the condominium units. IV. ANALYSIS The parties do not disagree that the property to be valued in this case is each of the condominium units rather than the project as a whole.”
— Or. Rev. Stat. § 100.555(2) — 2 cases
Ass'n of Unit Owners v. Dep't of Revenue, 12 Or. Tax 36 (Or. T.C. 1991).
“The motion was made to resolve a dispute concerning the application of ORS 100.555. The subject property consists of 231 condominium units) and other resort facilities located on 75 acres of leased land.”
— Or. Rev. Stat. § 100.555(4) — 1 case
Buckles v. Deschutes Cnty. Assessor (Or. T.C. 2015).
“125, Article IX, section 1, of the Oregon Constitution, and case law state that the value of the subject property must be determined as a fraction of the value of the whole condominium. B. Aggregate Valuation of Undivided Interests Plaintiff argues that the court should…”
— Or. Rev. Stat. § 100.555(l)(a) — 1 case
Trendwest Resorts, Inc. v. Dep't of Revenue, 18 Or. Tax 187 (Or. T.C. 2005).
“Having implicated the condominium form of property ownership, taxpayer points to ORS 100.555(l)(a), which provides that each condominium unit is “subject to separate assessment and taxation by any taxing unit in like manner as other parcels of real party.”
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