Illinois General Assembly - Full Text of SB1225
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Full Text of SB1225  103rd General Assembly




SB1225 EnrolledLRB103 27166 HLH 53536 b

1    AN ACT concerning revenue.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Property Tax Code is amended by changing
5Section 10-35 as follows:
6    (35 ILCS 200/10-35)
7    Sec. 10-35. Subdivision common areas.
8    (a) Residential property which is part of a development,
9but which is individually owned and ownership of which
10includes the right, by easement, covenant, deed or other
11interest in property, to the use of any common area for
12recreational or similar residential purposes shall be assessed
13at a value which includes the proportional share of the value
14of that common area or areas.
15    Property is used as a "common area or areas" under this
16Section if it is a lot, parcel, or area, the beneficial use and
17enjoyment of which is reserved in whole as an appurtenance to
18the separately owned lots, parcels, or areas within the
19planned development.
20    The common area or areas which are used for recreational
21or similar residential purposes and which are assessed to a
22separate owner and are located on separately identified
23parcels, shall be listed for assessment purposes at $1 per



SB1225 Enrolled- 2 -LRB103 27166 HLH 53536 b

2    (b) In counties with 3,000,000 or more inhabitants, any
3person desiring to establish or to reestablish an assessment
4of $1 for any parcel on the grounds of common area status under
5this Section shall submit an application for the assessment to
6the assessor. The application shall be submitted at the time
7within which other applications for revisions of assessment
8may be made under Section 14-35 by taxpayers in the township
9where the parcel is located, and shall be in the form and
10accompanied by documentation, as the assessor may require.
11    (b-5) In counties with fewer than 3,000,000 inhabitants,
12the chief county assessment officer may require any person
13desiring to establish or reestablish an assessment of $1 for
14any parcel on the grounds of common area status under this
15Section to submit an application for the assessment to the
16chief county assessment officer. The application shall be
17submitted no later than June 30 of the year for which the
18assessment is sought and shall be in the form and accompanied
19by documentation that the chief county assessment officer
21    (c) If a $1 assessment is established pursuant to the
22application it may be maintained from year to year so long as
23the ownership or use of the parcel has not changed. When any
24change in ownership, use or other relevant fact occurs it
25shall be the duty of the new owner in cases of change in
26ownership, or of the current owner in all other cases, to



SB1225 Enrolled- 3 -LRB103 27166 HLH 53536 b

1notify the assessor in writing within 30 days of the change.
2The notice shall be sent by certified mail, return receipt
3requested, and shall include the name and address of the
4taxpayer, the legal description of the property, and the
5permanent index number of the property where such number
6exists. If the failure to give such notification results in
7the assessor continuing to assess the property at $1 in
8subsequent years in error, the property shall be considered
9omitted property under Section 9-265. Nothing in this Section
10shall be construed to limit the assessor's authority to
11annually revise assessments subject to this Section under the
12procedures of Section 9-85.
13    (d) No objection shall be made to the denial of an
14assessment of $1 under this Section in any court except under
15Sections 21-175 and 23-5. No person may object to or otherwise
16challenge the failure of any parcel to receive an assessment
17of $1 under this Section in any proceeding in any court unless
18an application for the $1 assessment was made under
19subsections subsection (b) and (b-5) of this Section.
20(Source: P.A. 85-1386; 88-455.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.