Public Act 103-0083
 
SB1225 EnrolledLRB103 27166 HLH 53536 b


  
    AN ACT concerning revenue.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Property Tax Code is amended  by changing 
Section 10-35 as follows:
 



    (35 ILCS 200/10-35)



    Sec. 10-35. Subdivision common areas. 

    (a) Residential property which is part of a development,

but which is individually owned and ownership of which 
includes the right,
by easement, covenant, deed or other 
interest in property, to the use
of any common area for 
recreational or similar residential purposes shall
be assessed 
at a value which includes the proportional share of the value

of that common area or areas.

    Property is used as a "common area or areas" under this 
Section if
it is a lot, parcel, or area, the beneficial use and 
enjoyment of which
is reserved in whole as an appurtenance to 
the separately owned lots, parcels,
or areas within the 
planned development.

    The common area or areas which are used for recreational 
or similar
residential purposes and which are assessed to a 
separate owner and are located
on separately identified 
parcels, shall be listed for assessment purposes at $1
per 
year.

    (b) In counties with 3,000,000 or more inhabitants, any 
person desiring to
establish or to reestablish an assessment 
of $1 for any parcel on the grounds of
common area status under 
this Section shall submit an application for the
assessment to 
the assessor.  The application shall be submitted at the time

within which other applications for revisions of assessment 
may be made under
Section 14-35 by taxpayers in the township 
where the parcel is located, and
shall be in the form and 
accompanied by documentation, as the assessor may
require.

    (b-5) In counties with fewer than 3,000,000 inhabitants, 
the chief county assessment officer may require any person 
desiring to establish or reestablish an assessment of $1 for 
any parcel on the grounds of common area status under this 
Section to submit an application for the assessment to the 
chief county assessment officer.  The application shall be 
submitted no later than June 30 of the year for which the 
assessment is sought and shall be in the form and accompanied 
by documentation that the chief county assessment officer 
requires. 
    (c) If a $1 assessment is established pursuant to the 
application it may be
maintained from year to year so long as 
the ownership or use of the parcel has
not changed. When any 
change in ownership, use or other relevant fact occurs it

shall be the duty of the new owner in cases of change in 
ownership, or of the
current owner in all other cases, to 
notify the assessor in writing within 30
days of the change.  
The notice shall be sent by certified mail, return receipt

requested, and shall include the name and address of the 
taxpayer, the legal
description of the property, and the 
permanent index number of the property
where such number 
exists.  If the failure to give such notification results in

the assessor continuing to assess the property at $1 in 
subsequent years in
error, the property shall be considered 
omitted property under Section 9-265.
Nothing in this Section 
shall be construed to limit the assessor's authority to

annually revise assessments subject to this Section under the 
procedures of
Section 9-85.

    (d) No objection shall be made to the denial of an 
assessment of $1 under
this Section in any court except under 
Sections 21-175 and 23-5.  No person may
object to or otherwise 
challenge the failure of any parcel to receive an
assessment 
of $1 under this Section in any proceeding in any court unless 
an
application for the $1 assessment was made under 
subsections subsection (b) and (b-5) of this
Section.

(Source: P.A. 85-1386; 88-455.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.