Townships, villages and cities prepare and send property assessments to property owners by March 1 of each year.  The form is labeled “Notice of Assessment” and is sent out by the municipality in which your property is located.

Your property tax assessment lists several pieces of valuable information.  First, your property is given a property classification.  If the property is occupied as a residence, you will see a residential classification.

Next, the Notice has the current assessment of your property, as determined by your local property tax assessor.  By law, the assessed value is to be “approximately” fifty percent (50%) of its true cash value.  The “assessed value” and “state equalized value” (SEV) listed on the assessment are usually the same, unless your County has adjusted the value to be in line with the assessed value of similar property in other municipalities in your County.

Proposal A, which went into effect in 1995, limited the yearly property tax increase to the lesser of the general price level (Inflation Rate Multiplier) or 5%. This limitation, known as the “cap” on property taxes, results in a different value of the property for property tax purposes.  This is call the “taxable value” of your property and is equal to the lesser of:  (1) the property’s taxable value in the immediately preceding year multiplied by the lesser of 1.05 or the inflation rate, or (2) the property’s current state equalized value.   As property values (particularly values of vacation property) increased dramatically during the years 1995 through 2008, many properties had a much lower “taxable value” than “assessed value” because of the “cap” on property taxes as a result of Proposal A.  However, the assessed value of many properties has declined in the last several years, and is now much closer to the taxable value than prior to 2008.

Once there is a transfer of ownership of the property, the taxable value is “uncapped.”   There is also a line item on the assessment noting whether there was a transfer of ownership in the preceding year.  If there was a transfer, the taxable value will be equal to the state equalized value.

Additionally, any exemptions are noted on the assessment.  If the property is your principal residence, you should see a “Homeowners Principal Residence” exemption (“PRE”).  If you qualify for the PRE and are not currently claiming it, you are allowed to file a PRE Affidavit on or before May 1 in order to receive the PRE for the current year.  Other exemptions include qualified agricultural property, qualified forest property and Michigan business tax credits.

What do you do if you believe your assessment is incorrect?  You may protest to your local Board of Review.  The dates and times your local Board of Review is scheduled to meet are listed on your Notice of Assessment.  Generally, you have a limited time in which to protest your assessment, since most Boards of Review meet by mid-March.  The requirements for filing a protest vary among municipalities. Usually nonresidents may protest the Board of Review by letter.  Letter appeals must be accompanied by the State Tax Commission Form L-4035, and the form is available on the Michigan Department of Treasury website.  If you are not satisfied with the Board of Review results of your protest, you may appeal to the Michigan Tax Tribunal.

The first step in most protests regarding items on the assessment is the Board of Review.  A denial of a principal residence exemption must be appealed to the Michigan Tax Tribunal.  If you need any assistance in understanding your Notice of Assessment and the values listed on it, or assistance in protesting any of the items, please do not hesitate to call our office (616) 874-1200.  Please keep in mind the time sensitive nature involved in your ability to protest any items on your Notice of Assessment.

In my area of legal expertise, I often find that I not only act as legal advisor but also as a family counselor and sometimes referee.

It’s a harsh reality that shared ownership of an inherited vacation property generally comes on the heels of the loss of a parent or another family member.  It is already a time fraught with emotion.

Add to this situation the legal frustrations that come with probating a will, dealing with the executor or executors, figuring out who owes what in property taxes and who handles the arrangements for payment if the property is financed.

Then there are details to be handled like shared use, shared maintenance and decisions about property management.

Throw all of these factors in together and you have the ingredients for a potentially divisive and unpleasant family dynamic.

Of course, having a sound cottage succession plan in place can significantly reduce the opportunities for disagreement, but I’m very interested in the experiences my readers have had and how they handled the difficulties inherent in sharing a family vacation home.

Are you in a situation where you own vacation property jointly with siblings or other family members?  Was there a workable plan in place when you inherited your share of the family cottage?  If not, did it cause family discord?  Do you have any stories or suggestions for our readers on how you handled family relations in a positive way?  Were you able to find resolution?

Please share your stories in the comments below. I’d appreciate hearing how you maintained family harmony while dealing with a potentially divisive situation.

There is a nip in the air and a tint to the leaves.  Everyone is off for one last shindig before school starts and summer is officially over.

On the “to-do” list along with back-to-school shopping and ramping up for the coming holidays, many people also have to close the family vacation home.

It’s been my experience that this is not a task most people look forward to.  It’s bittersweet and it is also labor intensive.  However, there are some tips for making the most of a necessary chore.

I have a friend who is part owner of a vacation cottage along with the rest of her siblings.  She said they make an event of closing up for the winter.  All of the siblings are required to attend on closing weekend.  This way, the work load is shared equally.  Then at the end of the day, they celebrate with a wine and cheese party and a nice dinner out.

This is an excellent suggestion for maintaining family harmony but I also have a list of eight practical considerations for keeping the cottage in top shape while it’s closed for the winter.

1. Inspect your roof. This is essential in the north where heavy snow can pile up on the roof and sit for weeks. A leaky roof can cause substantial water damage so make sure you check the shingles and replace ones that are damaged or missing. Trim overhanging branches so they don’t snap and fall on the roof causing additional damage.
2. While you’re inspecting the roof, clean out the gutters. This will also go a long way in preventing roof leaks since clean gutters mean the water can properly drain off the roof.
3. Shut off and drain plumbing. Water in the pipes can freeze and cause the pipes to burst…another water damage disaster waiting to happen. You can pour antifreeze down the drains. There are environmentally friendly anti-freeze products that make this a safe way to ensure pipes don’t freeze.
4. Pack up all of the food. While the owner is away, the mice will play and nothing attracts mice like a warm place to nest and a feast of overlooked food.  Mothballs placed in strategic areas can deter pests as well as sealing around all pipes that lead to the outside. You might also wrap pipes with steel wool where they enter the house. This can also keep those little critters out.
5. Defrost and clean the refrigerator. Turn it off and leave the door open a little to prevent mildew from growing. Also, placing an open box of baking soda inside the fridge can prevent musty smells.
6. To ensure a fire doesn’t happen, unplug appliances and throw the breaker or turn off the utilities. Don’t leave chemicals or other items that could be considered a fire hazard inside the cottage. Throw away old rags and newspapers.
7. If you have a fireplace or wood stove, make sure the flue is closed and put a metal cap over the stove pipe or chimney to keep out birds. You should also have the chimney professionally cleaned to make sure there isn’t a dangerous buildup of creosote inside the chimney.
8. Clean and check.  Go ahead and give the cottage a good cleaning.  You’ll be grateful when you return in the spring. Walk through and double check that all windows are closed and locked, all outside equipment is safely stored inside and that alarm systems are turned on. Then say good-bye and leave looking forward to warm weather again.

You know and I know that there is always at least one in every family.  We’ll just call him Uncle Bob.  Uncle Bob often shows up with no advance warning, and doesn’t respect boundaries.

This relative (or relatives) can become particularly problematic when it comes to sharing time at the family cottage.  To avoid having relatives invite themselves over during your personal cottage time, make unreasonable demands about sleeping arrangements or even worse, show up unannounced and eat your prime rib and drink your imported beer, it is ESSENTIAL to have a scheduling plan in place that everyone involved is aware of and respects.

When you sit down with your family members to plan a schedule, remember:  Simple is best.

Creating and maintaining a simple system for cottage scheduling and sharing the family cottage requires a little forethought and reflection on family traditions.  You need to address two key points:

1. How is time divided
2. Who else may use the cottage, including parents, surviving spouses, pets, youthful relatives, renters, and guests.

Here are my recommendations for an effective plan:

• The schedule grants use in proportion to ownership
• Ensure the schedule is mathematically fair and perceived as fair
• The schedule respects family tradition and culture
• The schedule permits “swapping” of time slots
• You produce a clear and understandable schedule

Time may be divided among owners in two basic ways: a time-sharing model or a rooming-house model (first come-first served).  Some families prefer to allocate time slots during which an owner and the owner’s immediate family have exclusive use.  This method emerges when either the cottage is too small to host large groups or when owners view it as a place of retreat—even from (or especially from) family.  This method is called the “Time Sharing” method because it divides the year or season into discreet exclusive-use periods, and then uses a rotating sequence of selection of specific segments—first choice this year means last choice next year, and so on.  Eventually, each family branch will have first choice of their designated segment.

Other families take a “there’s always room for one more” approach to using their cottage.  After all, Uncle Bob is usually the life of the party and tells the best big fish stories. This rooming-house model is possible only if the cottage is large enough (or the family small enough) to accommodate more than one branch of the family at a time.  This approach permits any family member to show up at any time, or at least does not require advance reservations, and offers the greatest flexibility and ease of use of the two models.

It is also possible to blend the two approaches together by designating certain periods as “family time” during which no exclusive use is permitted, and anyone may use the cottage including Uncle Bob. Then divide the remainder of the season into suitable blocks or segments of time that are allocated to individual family members so you can enjoy your prime rib (and some peace and quiet) Uncle Bob free.

This topic is covered in depth in my book, Saving the Family Cottage available at bookstores and online at Amazon.com.

Welcome to the Cottage Law Center’s blog.

In addition to being a lawyer who specializes in cottage law and vacation property succession planning, I grew up in a family who owns a cottage on a lake up north.  I know what it’s like to spend idyllic days on the lake with my grandparents, parents, siblings, aunts and uncles and cousins.  And, I know first-hand that all days are not idyllic, and the importance of making sure the property is passed to the next generation with family harmony in mind.  Special memories and bonds are formed at the cottage.  It would be a shame for those bonds to be broken by poor planning.