HomeMy WebLinkAbout20101295.tiff RESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - SUMMER PARK
CONDOMINIUM ASSOCIATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a hearing before the Board was held on the 26th day of May, 2010, at which
time the Board deemed it advisable to continue said matter to June 16, 2010, to allow adequate
time to for the Assessor to prepare, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at
a duly and lawfully called regular meeting held on the 16th day of June, 2010, at which meeting
there were present the following members: Chair Douglas Rademacher, and Commissioners
Sean P. Conway, William F. Garcia, Barbara Kirkmeyer, David E. Long, and
WHEREAS, notice of such meeting and an opportunity to be present has been given to
the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being
represented by Brenda Dones, and taxpayer Summer Park Condominium Association, not
being present, and
WHEREAS, the Board of County Commissioners has carefully considered the attached
petition, and is fully advised in relation thereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and
the petition be and hereby is, approved, and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$156,950.00 $11,879.86 2009
SVak- . 2010-1295
1-1g-/D AS0075
TAX ABATEMENT PETITION - SUMMER PARK CONDOMINIUM ASSOCIATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of June, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT a • e ' DO
ATTEST:
Dou s ' -dema hg , hair
Weld County Clerk to t
tat)02
$ arbara Kirkme e/r, Pro-Tern
BY: %//a. t0' '�: ►`� l'
•
eputy Cler tote =oar.
Sean P. ay
APP D AS
Willia
. G la
ounty Attorney M� C �,
David E. Long
Date of signature: 4 / UM
2010-1295
AS0075
PETITION FOR ABATEMENT OR REFUND OF TAXES /n
County:Weld ,r.n, rT] I�e2{r a�/0 ! O/4
J Wit. U tr.ya Rr' ommissloners'Date Stamp)
Section I: Petitioner,please complete Section I only. ZOO JUL IS A 9: 19 R E C r I E■ Ls
Date: 03/11/2010 Si s �t�•7y. 9� lf!
Month Day Year
'v t= % t.L.7 MAR 0 2 2010
Petitioner's Name:SUMMER PARK CONDOMINIUM ASSOCIAITON
Petitioner's Mailing Address: 1813 -61 Avenue Suite 101 WELD C&)LINTY ASSESSOR
Greeley CO 806\34 GREELEY, COLORADO
City or Town State Zip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
R3313305/0959-04-2-16-000 p Building 16 Summer Park p
Petitioner states that the taxes assessed against the above properly for property tax year(s) 2009 and
are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax.
Attach additional sheets if necessary.) rte:
a
SEE ATTACHED LETTER
,
IV
Ui
Petitioner's estimate of value: $ 54,1219 ( 2009 )and $ ( )
Value Year Value Year
Petitioner requests an abatement or refund of the appropriate taxes.
1V
I declare,under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits
or statements,has been prepared or examined by me,and to the best of my knowledge,information and belief,is N
true,correct,and complete.
Daytime Phone Number j
Petitioner's Signature
By Daytime Phone Number J )
Agent's Signature*
'Letter of agency must be attached when petition is submitted by an agent.
If the board of county commissioners,pursuant to section 39.10.114(1),or the property tax administrator,
pursuant to section 39.2.116,denies the petition for refund or abatement of taxes In whole or in part,the
petitioner may appeal to the board of assessment appeals pursuant to the provisions of section 39.2.125
within thirty days of the entry of any such decision,§39-10-114.5(1),C.R.S.
Section II: Assessor's Recommendation
(For Assessor's Use Only)
Tax Year 2009 Tax Year
Actual Assessed Tax Actual Assessed Tax
Original 541,219 156,950 11,879.86
corrected 0 0 0 _
Abate/Refund 541,219 156,950 11,879.86
Assessor recommends approval as outlined above.
No protest was filed for the year(s): or (If a protest was riled,please attach a copy of the NOD.)
O Assessor recommends de-�denial for
the following reason(s):
_
1-4.) - As3a§sor's, ept Aessor's SW�Y
15-DPT-AR No.920-66/06
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund filed pursuant to section 39-10-114 shall be acted upon pursuant to the provisions of this section by the
board of county commissioners or the assessor,es appropriate,within six months of the date of filing such petition,§39-1-113(1.7),C.R.S.
Section III: Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to$1,000)
The commissioners of County authorize the assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such petition for
abatement or refund in an amount of one thousand dollars or less per tract,parcel,or lot of land or per schedule
of personal property,in accordance with§39-1-113(1.5),C.R.S.
The assessor and petitioner mutually agree to the values and tax abatement/refund of:
Tax Year Tax Year
Actual Assessed Tax Actual Assessed
Original
Corrected
Abate/Refund
Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if
applicable. Please contact the county treasurer for full payment information.
Petitioner's Signature Date
Assessor's or Deputy Assessor's Signature Date
Section IV: Decision of the County Commissioners
(Must be completed If Section III does not apply)
WHEREAS,The County Commissioners of County,State of Colorado,at ly and lawfully
called regular meeting held on / / ,at which meeting there were present th 'lowing members:
Month Day Year
with notice of such meeting and an opportunity to be present having been giv to the taxpayer and the Assessor
of said County and Assessor (being present—not present)and
Name
petitioner (being prese -not present),and WHEREAS,The said
Name
County Commissioners have carefully considered the within Ilion,and are fully advised in relation thereto,
NOW BE IT RESOLVED,That the Board(agrees--does agree)with the recommendation of the assessor
and the petition be(approved—approved in part—de d)with an abatement/refund as follows:
Year Assessed Value Taxes Ab Refund ree Ass se lue Taxes Aba /Refund
�9
Chairperson of the Board of County Commissioners'Signature
I, County Clerk and Ex-officio Clerk of the Board of County Commissioners
in and for the aforemen' ned county,do hereby certify that the above and foregoing order is truly copied from the
record of the procee • gs of the Board of County Commissioners.
IN WITNESS W REOF,I have hereunto set my hand and affixed the seal of said County
this day of
Month Year
County Cleric's or Deputy County Clerk's Signature
N : Abatements greater than$1,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review.
Section V: Action of the Property Tax Administrator
(For all abatements greater than$1,000)
he action o the Board of County Commissioners,relative to the withinpGtition,is :eby
❑A edç1Aroved in part$ „-q Den' ter the foil i reason )
/
. 713)6)d
Secretary's Signatur operty Tax Administrator's Signaa e rate
15-DLL AR o.920-66/06 1 ,2' 2010-1295
.,
1813 61st Avenue, Ste. 1O1 97O-392-9657 Office
Greeley, Colorado 8O634 97O-392-2984 Fax
gcmhoa@comcast.net
GREELEY COMMUNITY MANAGEMENT.LLC
February 19, 2010
Christopher M Woodruff
Weld County Assessor
1400 N 17th Avenue
Greeley, CO 80631
Dear Mr. Woodruff,
I am contacting you regarding the tax status of a property at Summer Park Condominium Association;
account number R3313305. We corresponded about this property a year ago and I was under the
impression, at that time, this was cleared up and the property was correctly identified as part of the
individual member ownership. I am sorry that I misunderstood.
This letter is a request for a variance from the January 1, 2009 assessment date. Apparently the
developer did not prepare the transfer of this property to the association until after January 1, 2009.
As everyone is aware, developers, builders and everyone associated with real estate have been
scrambling to stay a float. With a reduced staff, the timely filing of this transfer was inadvertently
overlooked.
The Summer Park Clubhouse is part of the member ownership. Each person there owns a portion of
the clubhouse. It is really a facility that expands their living space. The clubhouse is not used as a
public rental hall. Individual members may reserve the clubhouse, the pool, the theatre and or the card
room. When they have exclusive use of one of these facilities, they pay a small fee to cover the cost
of managing the scheduling, cleanup and additional operating costs such as heat, air-conditioning etc.
Again, this is not a hall that can be rented by someone that does not own a unit at Summer Park or
their assigned renters as the case may be.
The association has been under the control of a Board of Directors which includes the developer and
one member of the association elected at the annual meeting of the association. The first residents of
the association moved into their units in spring of 2004. The clubhouse was opened the summer of
2005. Therefore, the clubhouse has been part of the association from May 2005. Greeley Community
Management has been the managing agent from the beginning of this development.
With all of that said, we specifically request the abatement of the 2010 tax bill for 2009 taxes in the
amount of$11,879.86.
Please call Bill Kehl at 970-392-9657 if further clarification is needed.
Sincerely,
William Kehl
GCM—Managing Agent MAR 0 2 2010
WELD COUN I v eio tSsOfi
GREELEY, COLORADO
PHONE: (970) 336-7215, EXT. 4226
a FAX: (970) 352-0242
915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
COLORADO
May 3, 2010
SUMMER PARK CONDOMINIUM ASSOCIATION
1813 -61 AVE STE 101
GREELEY CO 80634
RE: SCHEDULE NUMBER R3313305
Dear Property Owner:
This is to advise you that the Weld County Board of Commissioners will hear your petition for
abatement or refund of taxes on the property described as: Building 16 Summer Park. The meeting
is scheduled for May 26, 2010, at 9:00 a.m., in the First Floor Meeting Room, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
The Assessor is recommending that the Board approve your petition. You are not required to be
present at this hearing; however, this is your opportunity to have your position heard, especially if
your position is opposed to the Assessor's recommendation. If you intend to submit any
documentation in support of your position for this hearing, all such documentation must be
submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least
seven calendar days prior to the meeting date in order for it to be considered at the scheduled
hearing.
If you have any questions concerning this matter, please do not hesitate to contact me at(970) 336-
7215, Extension 4226.
Sincerely,
Esther E. Gesick •
Deputy Clerk to the Board
cc: Assessor
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