The California legislature passed the Mello-Roos Community Facilities
Act of 1982, which became law in January of 1983 (California
Government Code Section 53311 et. seq.) This act allows local
governments to establish a Mello-Roos special tax assessment district
in a developing area to finance specific public facilities and
services needed by that particular area. A Mello-Roos Community
Facilities District (CFD) is initiated by either: (1) a written
request signed by two members of the legislative body (local
government or school district); (2) a petition signed by 10% of the
eligible voters in the area; or (3) a petition signed by the
landowners of 10% of the area in the proposed district.
The legislative body then adopts a resolution of intention to
establish a CFD. Public hearings are held by the legislative body and
written protests are reviewed. If adequate support for formation of
the district is found at the hearings, the legislative body adopts a
resolution of formation and an election is held. The formation of a
Mello-Roos CFD has to be approved by two-thirds of the eligible voters
or landowners in the proposed district. If less than 12 registered
voters reside within the proposed district, the vote shall be held by
the landowners only of the proposed district with each landowner
having one vote per acre owned.
Mello-Roos bonds can only be used to finance new or additional
facilities and services. The services and facilities that can be
financed by a Mello-Roos CFD are: elementary and secondary schools;
police protection, including criminal justice facilities; fire
protection, including ambulance and paramedic facilities; recreation
program services; flood and storm protection services; libraries;
natural gas pipeline facilities; telephone lines; electrical
transmission lines and facilities; and any other government facility
which is owned and operated by the local government. Financing
existing facilities and services is not allowed by this act.
Once established, the Mello-Roos district has bonding and taxing
authority. It can issue bonds to finance the designated public
facilities or services, which are then repaid by a special tax levied
by the Mello-Roos district. This special tax is added to the property
tax bill by the County Auditor-Controller at the request of the
district, and then collected by the County Tax Collector. Although the
act does not specify how the special tax should be allocated, most
districts apply it according to the benefit received by the parcel
(i.e. square footage of new homes is commonly used for schools, and
frontage is used for new roads).
A concern with Mello-Roos financing is the need for adequate
disclosure to new buyers that the properties are within a Communities
Facilities District, and that these changes will be added to the 1%
tax rate as required by Proposition 13. It is essential to emphasize
the amount and duration of these Mello-Roos charges to new buyers so
that they fully understand that they are included in a district and
will be paying higher property taxes to pay off the bonds.
For the disclosure of Mello-Roos on new home sales, the best source
is the Public Report, commonly referred to as the "White
Paper," Section 11010 of the California Government Code that
requires disclosure of all indebtedness that is a lien on the
subdivision or any part thereof. According to the California
Department of Real Estate, the Public Report includes all information
submitted to them in the Notice of Intention. Because the Public
Report is required on all new subdivision lots, real estate agents are
aware of any additional charges. Disclosure then becomes a simple
matter of making sure the buyer is aware of these liens or bonds that
must be paid off in the future by higher property taxes.
Re-sales of existing condominiums and homes may be problematic.
Since a Public Report is not required on re-sales, the discovery of
the amount and duration of the Mello-Roos bonds is not always
immediately available. Therefore, the agent may have to do additional
research to obtain this information for disclosure purposes.
Part of the requirements of forming a Mello-Roos Community
Facilities District involves recording a notice of special tax lien in
the County Recorder's Office. This recorded document is noted in any
title search performed by a title insurance company as well as the
Preliminary Title Report. While this report will note that the
property is located in a Mello-Roos district, the particulars of the
amount of special taxes and the duration of the tax bonds are not
recorded and therefore not provided. Further, escrow provides current
and delinquent tax bill information, but usually does not address
future tax liens on the property such as Mello-Roos bonds.