§ 1-105.

249 words·~1 min read·/vt/1-105-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 1-105. Separate titles and taxation

(a)In a condominium or planned community:

(1)if there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate; and

(2)if there is any unit owner other than a declarant, each unit shall be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no development rights; provided, however, that if a portion of the common elements is located in a town other than the town in which the unit is located, the town in which the common elements are located may designate that portion of the common elements within its boundaries as a parcel for property tax assessment purposes and may tax each unit owner at an appraisal value pursuant to 32 V.S.A. § 3481.

(b)Any portion of the common elements for which the declarant has reserved any development right shall be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.

(c)If there is no unit owner other than a declarant, the real estate comprising a common interest community may be taxed and assessed in any manner provided by law. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2011, No. 143 (Adj. Sess.), § 33, eff. May 15, 2012.)