August 31, 2009

Property Tax Assessment Bills Spur Protests and Assessment Appeals in South Florida

Our Fort Lauderdale property tax assessment appeal attorneys were not surprised to see that South Florida homeowners are upset about property tax increases. According to an Aug. 28 article in the Miami Herald, proposed tax notices are arriving at homesteads throughout Miami-Dade and Broward County, and some property owners are upset at the increases they’re receiving. As a result, the newspaper said, thousands are calling their county property tax appraisers to complain, and some even took to Miami’s streets Aug. 27 to protest the increases. One homeowner advocate in Broward County said homeowners were “absolutely flipping out.”

The problem is the bad economy, which drove both the tax increases and the protests. The Herald said many Florida cities are raising their property tax rates by 20% or more because home prices have plunged dramatically, which means cities will lose tax revenue. However, the same bad economy means many homeowners are facing their own financial squeeze: loss of equity in their homes, loss of investment value and a high rate of unemployment. Possibly as a result, the Broward County assessor’s office had received more than 14,000 phone calls and visits since Aug. 17. Tax increases highlighted in the article were as high as $300 a year; the article said the increase would be about $150 for a homesteaded $164,000 home.

Tax rates are set by cities and counties and can be hard to challenge. But as the article notes, property owners who believe their properties are overvalued have the right to challenge that assessment -- and potentially lower their taxes -- with an appeal. In this process, homeowners apply for a hearing before a board of independent property assessors without a connection to the county government. This board’s job is only to determine whether the assessment being challenged reflects the fair market value of the property as of January 1. If homeowners disagree with the board’s decision, they may file lawsuits in Florida civil court. Deadlines for requesting this hearing vary by county, but are generally about a month after the notice was mailed.

At Balliro, Galasso, Leskovich & Seltzer, we offer help for homeowners navigating the bureaucratic and sometimes complicated appeal process. Right away, we can help by making sure clients don’t miss the one-month deadline -- which can take away their right to challenge the assessment. We can also represent you at the Value Adjustment Board hearing, helping to build a strong case that your property was overvalued. Getting involved early also helps our Fort Myers property tax appeal lawyers prepare for filing a civil case, if necessary, to challenge an adverse decision by the board. The county and city governments have multiple lawyers working to justify their decisions; hiring your own attorney is just one way to even the playing field.

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July 22, 2009

BGL&S Offers New Property Tax Assessment Appeal Service for South Florida Homeowners

Counties and cities across South Florida have recently announced plans to hike property tax rates. This news comes on the heels of announcements that preliminary annual assessments of property values are out in many areas. These assessments, along with the property tax rate itself, determine the property taxes each homeowner pays when tax bills are mailed in the fall.

In an ordinary year, this might not merit any special attention. However, Balliro, Galasso, Leskovich & Seltzer knows this is not an ordinary year for many people in our state. Thanks to the bad economy, thousands of people are out of work and even more are struggling with pay cuts or reductions in hours. Perhaps more importantly for homeowners, the Florida real estate market has turned upside down in the past few years. This has created a situation that threatens to over-bill many Florida homeowners on their property taxes.

To understand why, it’s important to know how the property tax system works. This year’s property taxes are officially supposed to be based on fair market value of the property as of Jan. 1, 2009. Assessors reevaluate each property by using sales prices for that or similar properties from between Jan. 1, 2008 and Jan. 1, 2009. Because home values have been plummeting over the past few years, it’s possible for these assessments to over-value the property, even though they use data only a year old. Along with some complicated adjustments caused by the homestead “recapture”/Save Our Homes rule, that means taxes could actually go up for some homeowners.

When property tax assessments are officially sent out this summer, homeowners will have the right to challenge them by asking for a hearing before the county’s Value Adjustment Board. If you plan to contest your property’s assessment, BGL&S would like to help. In response to this unprecedented property tax situation, we are proud to offer our services as Fort Myers property tax assessment appeal lawyers. In exchange for a percentage of the money we save you, we will represent you in the administrative hearing before the Value Adjustment Board, and in any appeal you may file in civil court.

Hiring West Palm Beach property tax assessment appeal attorney is not necessary to pursue your appeal, but it can make a big difference. First and foremost, the burden of proving the assessed value is incorrect is on you. State law actually gives county assessors a presumption of correctness; you must use paperwork and other evidence to show they are wrong. Furthermore, county laws give you a very limited time to file your appeal. For example, in Broward County, homeowners have until Sept. 18 to appeal an assessment that will be mailed in August -- about a month. And if you lose at this hearing, you must file a lawsuit in civil court to appeal -- which means having a Sarasota property tax assessment appeal lawyer to lay the groundwork can be invaluable.

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