Realtor | Corey Dwan

Appeal Process and Notice of Valuation (NOV)

The Real Property value assessment appeal period is from May 1st to June 1st. The Personal Property value assessment appeal period is from June 15th to July 5th.
Colorado law currently requires a two-year reassessment cycle for all real property. 2010 is the second, or intervening, year of the two-year cycle.
For most properties, value will remain the same in 2010 as it was in 2009. For those properties that have changed, due to new construction, change of inventory, destruction, etc., the property owner will receive a 2010 Notice of Valuation on or before May 1, 2010. The insert in the 2009 property tax bill, mailed in January 2010, constitutes an official notice of valuation for 2010 for properties that have not changed from 2009.
Property owners have the right to appeal their property value each year, regardless of value changes.
Values are most often determined by comparing your property with sales of properties that are similar in location, design, size, age, and amenities. The value placed on your home for the years 2009 and 2010 is based on sales prior to June 30, 2008. This is known as the Sales Comparison, or Market Approach.
According to State Statute, the Assessor is required to gather and confirm sales within an eighteen-month period ending on the June 30th of the year prior to a reappraisal year. Assessors are allowed to extend the study period back in time in six-month increments to ensure enough qualified sales within each economic area. Gunnison County typically utilizes a 24-month study period for residential and vacant land properties, and a 36-month study period for commercial properties. Those sales nearest to the end of the 24-month period would be the most representative.
Providing the assessor with sales of properties that you believe are comparable to your own property, is a good way to appeal your property value.
Check out our new property record search feature on the website. You can now map any Gunnison County property, and it is easier than ever to find comparable sales and property ownership information.
Your 2010 value is based on the appraisal date of June 30, 2008. If you wish to provide comparable sales with your appeal, please remember to only include sales up to June 30, 2008. By law, we cannot consider sales past this date, nor can we consider the length of time a property has been on the market.
You may appeal your property value by mail, fax, email or in person. Please review the details of your property as it is described on the NOV. If corrections are needed, we encourage you to contact us.
You can send in the Appeal Form which came with your NOV or you may fill out the attached Appeal Form. You may call us at any time for additional information or to set up an appointment: (970) 641-1085.
Assessment Appeals Process

REAL PROPERTY

What is an assessment appeal?
An assessment appeal is not a complaint about higher taxes. The amount of your property tax is an issue you must take up with the officials overseeing the taxing districts that affect your property.
An assessment appeal is an attempt to demonstrate that your property’s estimated market value is inaccurate. You have the right to appeal your property value or its classification. Procedures for appealing your assessment are provided here, including deadlines for filing your appeal. Please review this information carefully, as well as the information provided on your Notice of Valuation (NOV).
To reserve your right to appeal, you must file your appeal by the dates listed below. After these dates have passed, your right to appeal is lost for that year.

Appeals by Mail
You may complete the appeal form included with your Notice of Valuation (NOV), or download the Mail-in Appeal Form – Real Property and mail it to the Assessor’s Office at the following address: Gunnison County Assessor's Office, 221 North Wisconsin Street, Suite A, Gunnison, CO 81230.
To preserve your right to appeal by mail, your mailed appeal must be postmarked no later than June 1, 2010.

Appeals by Fax
You may complete the appeal form included with your Notice of Valuation (NOV), or download the Mail-in Appeal Form – Real Property and fax it to the Assessor’s Office at this number: (970) 641-7920.
To preserve your right to appeal by fax, your faxed appeal must be received in our office no later than 11:59 pm on June 1, 2010.

Appeals in Person
If you wish to appeal in person, please come to the Assessor’s office located on the first floor of the Blackstock Government building, 221 North Wisconsin Street. While we make every effort to accommodate those who appeal in person, we have a limited staff and cannot guarantee that an appraiser will be able to see you immediately.
We recommend that you call the office and schedule an appointment, so that you are assured a time slot that is convenient for your schedule. The County Assessor is required by Colorado State Statute to conclude all appeals by 5:00 pm on June 1. Please call early in the appeal period (May 1 to June 1) to schedule an appointment. There is no guarantee of availability of appointments late in the appeal period time frame. However, you may present a written appeal at any time during the appeal period without an appointment.
To preserve your right to appeal in person, you must present your oral or written appeal in the County Assessor’s office on or before 5:00 pm on June 1, 2010. Oral appeals are scheduled on a first come -first served basis, and are not scheduled after June 1.
The appraiser conducting your meeting will probably review your property record with you and may give you information about comparable properties. If you have any information regarding sales of similar properties within the study period only – July 1, 2006 – June 30, 2008 – please bring that with you. The appraiser will not commit to a change in value at this meeting, even though you may have uncovered an error or the assessment appears to be inequitable.
You will receive a written Notice of Determination (NOD) from the Assessor’s office no later than June 30, 2010.
For More Information - Contact the assessor’s Office at (970) 641-1085

What are the Grounds for an Appeal?
An assessment appeal is not a complaint about higher taxes. It is an attempt to demonstrate that your property’s estimated market value is inaccurate.
Your appeal should demonstrate at least one of two things:
• Items that affect value are incorrect on your property record. Some examples of this are:
Your property was built in 1989, not 1998
Your property has a carport, not a garage
Your property is 1,600 square feet, not 2,000.
• The estimated market value is too high. You believe that similar properties have sold during the 24-month sales period for less than the estimated market value of your property. The Assessor establishes values on homes using residential sales from the 24-month period between July 1, 2006 and June 30, 2008. Properties sold earlier in the 24-month period are time adjusted to the final day of the period, June 30, 2008. The sales evidence you include in your appeal should be obtained from the same time period.

Business Personal Property
Personal Property Notices of Valuation are mailed no later than June 15, 2010. The Assessor conducts hearings on personal property valuation appeals beginning June 15th and continuing through June 30th. Personal property appeal procedures are identical to procedures for real property appeals, although the dates are different.
To appeal your personal property valuation by mail, the mailed appeal must be postmarked by June 30th, 2010.
To appeal your personal property valuation in person, you must do so before 5:00 pm, June 30th, 2010.
Faxed or emailed personal property valuation appeals will be accepted through 11:59 pm on June 30th, 2010.

Assessor’s Determination of the Appeal
The Assessor will make a decision and mail a Notice of determination (NOD) for Real Property appeals by June 30, 2010, and for Personal Property appeals by July 10, 2010.
If you disagree with the Assessor’s determination, you can file a written appeal with the County Board of Equalization (CBOE) on or before July 15, 2010 for Real Property, and on or before July 20, 2010 for Personal Property.
The CBOE schedules and completes their hearings before August 5th . The Board must notify you in writing within five business days after their decision is made.
If you are satisfied with the CBOE decision, the process ends here. If not, there are three alternatives, which must be activated no later than 30 days after CBOE decision:
• Enter into binding arbitration;
• Appeal to the Board of Assessment Appeals (BAA); or
• Go to District Court.
If you choose Arbitration after the CBOE decision, the decision reached at Arbitration is final and not subject to review.
If you are satisfied with the decision rendered by either the BAA or District Court, the process ends there. However, if you find the decision unsatisfactory, you may then appeal to the Court of Appeals within 30 days of the BAA decision, or within 45 days of the District Court decision. And beyond that, to the Supreme Court.
Mail-in Appeal Form – Real Property
Mail-in Appeal Form – Business Personal Property