By Ms. Callahan of Sutton, petition (accompanied by bill, House, No. 2850) of Jennifer M. Callahan and others relative to the taxation of condominiums.  Revenue.

The Commonwealth of Massachusetts

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PETITION OF:

Jennifer M. Callahan

Barbara A. L'Italien

Cleon H. Turner

James E. Timilty

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In the Year Two Thousand and Seven.

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An Act relating to the taxation of condominiums.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 14 of chapter 183A of the General Laws is hereby amended by adding the following sentence:-

Interests in common areas of a condominium that are adverse to the interests

of unit owners in the common areas shall be taxed to the owners of such

adverse interests. A lien for taxes upon such an interest shall attach to

the interest so assessed, and, to the extent the interest so taxed expires

or is otherwise extinguished, to units in the condominium created after the

assessment of such interest, but not to condominium units against which

property taxes were separately assessed in the same fiscal year the interest

was assessed.

SECTION 2. Section 77 of chapter 60 of the General Laws is

hereby amended by adding the following sentence:-

A city or town shall not be deemed to receive any benefit from such covenant

or agreement unless it collects rent from property in tax title under

section fifty-three, or occupies or rents the property after foreclosure.

SECTION 3. Section 45 of chapter 60 of the General Laws is hereby

amended by adding after the third sentence the following sentence:-

Covenants and agreements running with the land shall mean obligations and

interests in the real estate created by recorded instruments and agreements,

and shall not include obligations and liens arising under statutes.

SECTION 4. Section 54 of chapter 60 of the General Laws is hereby

amended by adding at the end thereof the following sentence:-

Covenants and agreements running with the land shall mean obligations and

interests in the real estate created by recorded instruments and agreements,

and shall not include obligations and liens arising under statutes.