Effective January 1, 2022, local agencies in the Golden State are required to allow the separate sale or conveyance of Accessory Dwelling Units (ADUs) under certain circumstances as a result of the passage of Assembly Bill 345. In addition, Senate Bill 9 became effective January 1 also, which requires all local agencies to consider certain proposed two-unit projects and lot splits ministerially.

Collectively, these two bills continue to pave the way for additional units and parcels to be added to developed residential property. In the context of any existing Special Financing Districts (SFDs), such as Assessment Districts, Community Facilities Districts, and certain Parcel Taxes, it is important to consider how such units and/or additional parcels might be handled if the formation documents are silent on how such units/parcels might be charged.

It may be appropriate to establish guidelines for such SFDs. This may include a resolution interpreting the Rate and Method of Apportionment (RMA) for a CFD. For an Assessment District, the assessment methodology may require review, and in some cases for bonded assessment districts, apportionments of assessments may be required.

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