Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0103.01 Megan Waples x4348
HOUSE BILL 22-1287
House Committees Senate Committees
Transportation & Local Government Finance
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING PROTECTIONS FOR MOBILE HOME PARK
RESIDENTS, AND,101
IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill amends the "Mobile Home Park Act" and the "Mobile
Home Park Act Dispute Resolution and Enforcement Program" to:
! Prohibit a landlord from increasing rent on a mobile home
lot by an amount that exceeds the greater of inflation or 3
percentage points in any 12-month period;
! Require the landlord or the landlord's representative to
SENATE
Amended 3rd Reading
May 6, 2022
SENATE
Amended 2nd Reading
May 5, 2022
HOUSE
3rd Reading Unamended
April 25, 2022
HOUSE
Amended 2nd Reading
April 22, 2022
HOUSE SPONSORSHIP
Boesenecker and Hooton, Bacon, Benavidez, Bernett, Caraveo, Cutter, Duran, Gonzales-
Gutierrez, Gray, Jodeh, Kennedy, Kipp, Lindsay, McCluskie, McLachlan, Mullica, Ortiz,
Ricks, Sirota, Sullivan, Titone, Weissman, Woodrow, Amabile, Bird, Daugherty, Exum,
Froelich, Herod, Lontine, McCormick, Michaelson Jenet, Valdez A., Young
SENATE SPONSORSHIP
Winter, Coleman, Lee, Story, Buckner, Danielson, Donovan, Fenberg, Fields, Ginal,
Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Moreno, Pettersen, Rodriguez, Zenzinger
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. attend up to 2 public meetings for residents of the park
each year at the request of the residents;
! Clarify that a landlord is responsible for the cost of
repairing any damage to a mobile home or lot that results
from the landlord's failure to maintain the premises of the
park;
! Clarify the triggering events that demonstrate a park
owner's intent to sell a park for purposes of providing
notice to home owners and the method for giving notice;
! Change the period in which a group or association of
mobile home owners may make an offer to purchase the
park from 90 to 180 days, and provide for tolling of that
time period in certain circumstances;
! Provide a right of first refusal for a public entity that
accepts an assignment of a group or association of mobile
home owners' opportunity to purchase;
! Clarify the obligations of a landlord to provide notice to
home owners concerning the terms and conditions of an
offer to purchase the park that the landlord would accept
and to negotiate in good faith with the home owners;
! Require a landlord who changes the use of the land
comprising the park to compensate a mobile home owner
who has not given notice to terminate the lease or rental
agreement and who is displaced by the change in use for
the reasonable costs of relocating the mobile home to a
location within 100 miles of the park, the fair market value
of the mobile home before the change in use, or in the
amount of $7,500 for a single-section mobile home or
$10,000 for a multi-section mobile home;
! Allow the department to enforce statutory provisions
concerning the required notice of intent to sell or change
the use of the land and the mobile home owners'
opportunity to purchase by imposing a fine for a violation
or filing for injunctive relief in district court;
! Allow the attorney general to investigate and enforce
statutory provisions providing protections for mobile home
owners;
! Allow a resident, local government, or a nonprofit to file a
complaint with the division under the dispute resolution
program;
! Clarify the procedures and penalties that apply when a
party does not respond to a subpoena from the division;
! Allow the division to take immediate action in response to
complaints or violations that will cause immediate harm to
mobile home owners;
1287
-2- ! Prohibit landlords from harassing or coercing mobile home
owners in an effort to require a mobile owner to sign an
agreement or to influence a decision by the home owner
about an opportunity to purchase;
! Establish criteria for when a mobile home park rule or
regulation that limits a home owner's right to control the
use, appearance, and structure of a mobile home is
enforceable;
! Prohibit a landlord from interfering with the mobile home
owner's right to sell a mobile home to the buyer of his or
her choice, except in limited circumstances;
! Establish record retention requirements for landlords; and
! Consolidate provisions concerning private rights of action
for landlords, home owners, and residents, and establish
penalties and remedies available in private actions.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-31-101, amend2
(1)(i) as follows:3
24-31-101. Powers and duties of attorney general. (1) The4
attorney general:5
(i) May bring civil and criminal actions to enforce state laws,6
including actions brought pursuant to the "Colorado Antitrust Act of7
1992" in article 4 of title 6, the "Colorado Consumer Protection Act" in8
article 1 of title 6,
THE "MOBILE HOME PARK ACT" IN PART 2 OF ARTICLE9
12
OF TITLE 38, THE "MOBILE HOME PARK ACT DISPUTE RESOLUTION AND10
E
NFORCEMENT PROGRAM" IN PART 11 OF ARTICLE 12 OF TITLE 38, the11
"Unfair Practices Act" in article 2 of title 6, article 12 of title 6, and12
sections 6-1-110, 11-51-603.5, 24-34-505.5, and 25.5-4-306;13
SECTION 2. In Colorado Revised Statutes, amend 38-12-200.214
as follows:15
38-12-200.2. Legislative declaration. The general assembly16
hereby declares that the purpose of this part 2 is to establish the17
1287-3- relationship between the owner of a mobile home park, and the owner of1
a mobile home situated in such park,
AND RESIDENTS IN THE PARK.2
SECTION 3. In Colorado Revised Statutes, 38-12-201.5, amend3
(1)(e), (1)(f), and (6); and add (1)(g) and (6.5) as follows:4
38-12-201.5. Definitions. As used in this part 2 and in part 11 of5
this article 12, unless the context otherwise requires:6
(1) "Entry fee" means any fee paid to or received from an owner7
of a mobile home park or an agent thereof except for:8
(e) Incidental reasonable charges for services actually performed9
by the mobile home park owner or the mobile home park owner's agent10
and agreed to in writing by the home owner; and
11
(f) Late fees;
AND12
(g) M
EMBERSHIP FEES PAID TO JOIN A RESIDENT OR HOME OWNER13
COOPERATIVE THAT OWNS THE MOBILE HOME PARK OR OTHER PARKS14
QUALIFYING AS COMMON INTEREST COMMUNITIES PURSUANT TO THE15
"C
OLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF THIS16
TITLE 38.17
(6) "Mobile home park" or "park" means a parcel of land used for18
the continuous accommodation of five or more occupied mobile homes19
and operated for the pecuniary benefit of the owner of the parcel of land20
or the owner's agents, lessees, or assignees. "Mobile home park" does not21
include mobile home subdivisions or property zoned for manufactured22
home subdivisions. F
OR PURPOSES OF THIS DEFINITION, THE PARCEL OF23
LAND COMPRISING THE MOBILE HOME PARK DOES NOT NEED TO BE24
CONTIGUOUS, BUT MUST BE IN THE SAME NEIGHBORHOOD AS DETERMINED25
BY THE DIVISION.26
(6.5) "M
OBILE HOME SUBDIVISION" OR "MANUFACTURED HOME27
1287
-4- SUBDIVISION" MEANS ANY PARCEL OF LAND THAT IS DIVIDED INTO TWO OR1
MORE PARCELS, SEPARATE INTERESTS, OR INTERESTS IN COMMON, WHERE2
EACH PARCEL OR INTEREST IS OWNED BY AN INDIVIDUAL OR ENTITY WHO3
OWNS BOTH A MOBILE HOME AND THE LAND UNDERNEATH THE MOBILE4
HOME; EXCEPT THAT A PARCEL IS NOT A "MOBILE HOME SUBDIVISION" OR5
"
MANUFACTURED HOME SUBDIVISION " WHEN THE SAME OWNER OWNS A6
PARCEL OR SUBDIVIDED PARCELS OR INTERESTS THAT ARE COLLECTIVELY7
USED FOR THE CONTINUOUS ACCOMM ODATION OF FIVE OR MORE OCCUPIED8
MOBILE HOMES AND OPERATED FOR THE PECUNIARY BENEFIT OF THE9
LANDOWNER OR THEIR AGENTS , LESSEES, OR ASSIGNEES.10
SECTION 4. In Colorado Revised Statutes, 38-12-202, amend11
(1)(a) introductory portion and (1)(c)(I) as follows:12
38-12-202. Tenancy - notice to quit. (1) (a) No tenancy or other13
lease or rental occupancy of space in a mobile home park shall commence14
without a written lease or rental agreement, and no tenancy in a mobile15
home park shall be terminated until a notice to quit
OR NOTICE OF16
NONPAYMENT OF RENT has been served. Said
A notice to quit shall be in17
writing and in the form specified in section 13-40-107 (2). C.R.S. The18
property description required in section 13-40-107 (2) C.R.S., shall be19
deemed IS legally sufficient if it states:20
(c) (I) Except as otherwise provided in
SECTION 38-12-204 (1) OR21
subsections (1)(c)(II) and (3) of this section, the management shall give22
a home owner at least ninety days after the date the notice is served or23
posted to sell the mobile home or remove it from the premises.24
SECTION 5. In Colorado Revised Statutes, 38-12-203, amend25
(1)(d)(II); and add (3) as follows:26
38-12-203. Reasons for termination. (1) The management of a27
1287
-5- mobile home park may terminate a tenancy only for one or more of the1
following reasons:2
(d) (II) If a landlord wants to change the use of a mobile home3
park, and the change of use has been approved by the local or state4
authority or does not require approval, and the change of use would result5
in the eviction of inhabited mobile homes, the landlord shall give the6
owner of each mobile home that is subject to the eviction a written notice7
of the landlord's intent to evict not less than twelve months before the8
change of use of the land, which notice must be mailed to each home9
owner. T
HE NOTICE MUST ADVISE THE HOME OWNER OF THE HOME10
OWNER'S RIGHT TO COMPENSATION PURSUANT TO SUBSECTION (3) OF THIS11
SECTION.12
(3) A
LANDLORD SHALL NOT M AKE ANY ORAL OR WRITTEN13
STATEMENT THREATENING EVICTION FOR A VIOLATION OR ACTION THAT14
IS NOT GROUNDS FOR TERMINATING A TENANCY UNDER SUBSECTION (1) OF15
THIS SECTION. A HOME OWNER MAY FILE A COMPLAINT PURSUANT TO16
SECTION 38-12-1105 OR A CIVIL ACTION PURSUANT TO SECTION 38-12-22017
FOR A VIOLATION OF THIS SUBSECTION (3). IF THE COURT DETERMINES18
THAT THE LANDLORD VIOLATED THIS SUBSECTION (3), THE COURT SHALL19
AWARD A STATUTORY PENALTY OF UP TO TWENTY THOUSAND DOLLARS TO20
THE PLAINTIFF IN ADDITION TO ANY OTHER REMEDIES AUTHORIZED BY21
SECTION 38-12-220.22
SECTION 6. In Colorado Revised Statutes, add 38-12-203.5 as23
follows:24
38-12-203.5. Change in use of the park - remedies for home25
owners - definitions. (1) A
S USED IN THIS SECTION, UNLESS THE26
CONTEXT OTHERWISE REQUIRES :27
1287
-6- (a) "IN-PLACE FAIR MARKET VALUE " MEANS THE FAIR MARKET1
VALUE OF THE MOBILE HOME AND ANY ATTACHED APPURTENANCES AND2
STRUCTURES ON THE LOT OWNED BY THE HOME OWNER SUCH AS PORCHES ,3
DECKS, SKIRTING, AWNINGS, AND SHEDS, TAKING INTO ACCOUNT THE4
ACTUAL COST OF ALL IMPROVEMENTS MADE TO THE MOBILE HOME BY THE5
HOME OWNER. FAIR MARKET VALUE IS DETERMINED BASED ON THE VALUE6
OF THE MOBILE HOME IN ITS CURRENT LOCATION PRIOR TO THE DECISION7
TO CHANGE THE USE OF THE PARK.8
(b) "R
ELOCATION COSTS" INCLUDES:9
(I) A
NY REASONABLE COSTS INCURRED TO MOVE THE MOBILE10
HOME, FURNITURE, AND PERSONAL BELONGINGS THEREIN TO A11
REPLACEMENT SITE;12
(II) T
HE REASONABLE COST OF DISASSEMBLING , MOVING, AND13
REASSEMBLING ANY ATTACHED APPURTENANCES AND STRUCTURES ON14
THE LOT OWNED BY THE HOME OWNER SUCH AS PORCHES , DECKS,15
SKIRTING, AWNINGS, AND SHEDS, WHICH WERE NOT ACQUIRED BY THE16
LANDLORD;17
(III) T
HE COSTS OF ANCHORING THE UNIT;18
(IV) T
HE COSTS OF CONNECTING OR DISCONNECTING THE MOBILE19
HOME TO UTILITIES;20
(V) I
NSURANCE COVERAGE DURING TRANSPORT ; AND21
(VI) T
HE COST TO DISASSEMBLE AND REINSTALL ANY22
ACCESSIBILITY IMPROVEMENTS SUCH AS WHEELCHAIR RAMPS , LIFTS, AND23
GRAB BARS.24
(2) I
F A LANDLORD INTENDS TO C HANGE THE USE OF THE LAND25
COMPRISING A MOBILE HOME PARK OR PART OF A MOBILE HOME PARK AND26
THE CHANGE IN USE WOULD RESULT IN THE DISPLACEMENT OF ONE OR27
1287
-7- MORE MOBILE HOMES IN THE PARK , FOR EACH DISPLACED MOBILE HOME ,1
THE LANDLORD SHALL PROVIDE THE HOME OWNER OR HOME OWNERS ONE2
OF THE FOLLOWING AT THE HOME OWNER 'S OR HOME OWNERS' CHOOSING3
WITHIN THIRTY DAYS OF RECEIVING A WRITTEN DEMAND BY THE HOME4
OWNER OR HOME OWNERS :5
(a) P
AYMENT OF RELOCATION COSTS TO RELOCATE THE MOBILE6
HOME TO A LOCATION OF THE HOME OWNER 'S CHOOSING WITHIN ONE7
HUNDRED MILES BY ROAD OF THE PARK . RELOCATION COSTS ARE8
DETERMINED BASED ON THE LOWEST ESTIMATE OBTAINED BY THE HOME9
OWNER FROM A MOBILE HOME MOVER . THE LANDLORD MAY REQUEST A10
COPY OF THE ESTIMATE TO SUPPORT THE REQUEST FOR PAYMENT OF11
RELOCATION COSTS. IF THE HOME OWNER EXERCISES THIS OPTION , THE12
HOME OWNER MUST ACTUALLY RELOCATE THE MOBILE HOME AND ALL13
PERSONAL BELONGINGS IN ACCORDANCE WITH THE ESTIMATE USED TO14
DETERMINE RELOCATION COSTS PRIOR TO THE DATE OF THE C HANGE IN USE15
SET FORTH IN THE NOTICE REQUIRED BY SECTION 38-12-203 (1)(d)(II).16
T
HE HOME OWNER IS RESPONSIBLE FOR ADDITIONAL MILEAGE COSTS TO17
MOVE THE MOBILE HOME TO A LOCATION MORE THAN ONE HUNDRED MILES18
FROM THE PARK.19
(b) S
UBMIT A BINDING OFFER TO PURCHASE THE MOBILE HOME FOR20
THE GREATER OF:21
(I) S
EVEN THOUSAND FIVE HUNDRED DOLLARS FOR A22
SINGLE-SECTION MOBILE HOME OR TEN THOUSAND DOLLARS FOR A23
MULTI-SECTION MOBILE HOME; OR24
(II) O
NE HUNDRED PERCENT OF THE IN-PLACE FAIR MARKET VALUE25
AS DETERMINED THROUGH THE APPRAISAL PROCESS SET FORTH IN THIS26
SUBSECTION (2)(b)(II). WITHIN THIRTY DAYS OF SUBMITTING THE OFFER,27
1287
-8- THE LANDLORD SHALL HIRE A LICENSED, CERTIFIED RESIDENTIAL, OR1
CERTIFIED GENERAL APPRAISER FROM THE ACTIVE APPRAISERS LIST2
PUBLISHED BY THE DIVISION OF REAL ESTATE IN THE DEPARTMENT OF3
REGULATORY AGENCIES TO CONDUCT THE APPRAISAL . IF THE HOME4
OWNER DISPUTES THE APPRAISED VALUE OF THE MOBILE HOME , THE HOME5
OWNER MAY HIRE A LICENSED, CERTIFIED RESIDENTIAL, OR CERTIFIED6
GENERAL APPRAISER FROM THE ACTIVE APPRAISERS LIST TO OBTAIN A7
SECOND APPRAISAL AT THE HOME OWNER 'S EXPENSE. TO BE CONSIDERED,8
THE HOME OWNER MUST OBTAIN THE APPRAISAL WITHIN SIXTY DAYS OF9
RECEIPT OF THE LANDLORD'S APPRAISAL. THE RESULTS OF ALL APPRAISALS10
SHALL BE PROVIDED IN WRITING BY THE APPRAISER TO BOTH LANDLORD11
AND HOME OWNER . IF A SECOND APPRAISAL IS OBTAINED , THE HOME12
OWNER IS ENTITLED TO THE AVERAGE OF THE APPRAISALS OBTAINED BY13
THE LANDLORD AND THE HOME OWNER . IF THE HOME OWNER IS NOT14
SATISFIED WITH THE APPRAISAL OR APPRAISALS RECEIVED , THE HOME15
OWNER MAY SUBMIT A REQUEST FOR PAYMENT OF RELOCATION COSTS AS16
SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION. IF THE HOME OWNER17
EXERCISES THE OPTION FOR PURCHASE UNDER THIS SUBSECTION (2)(b)(II),18
THE SALE CLOSING MUST OCCUR PRIOR TO THE DATE OF THE CHANGE IN19
USE SET FORTH IN THE NOTICE PROVIDED PURSUANT TO SECTION20
38-12-203 (1)(d)(II).21
(3) I
F AN APPRAISER CONDUCTING AN APPRAISAL PURSUANT TO22
SUBSECTION (2)(b)(II) OF THIS SECTION IDENTIFIES LACK OF23
MAINTENANCE, DEFERRED MAINTENANCE , OR DETERIORATION OF THE24
MOBILE HOME PARK BEYOND NORMAL WEAR AND TEAR THAT NEGATIVELY25
AFFECTS THE VALUE OF A MOBILE HOME , THE APPRAISER SHALL26
DETERMINE THE VALUE OF THE HOME WITH AN UPWARD ADJUSTMENT IN27
1287
-9- VALUE IF NECESSARY TO ELIMINATE THE NEGATIVE EFFECT IN VALUE1
CAUSED BY THE LACK OF MAINTENANCE , DEFERRED MAINTENANCE , OR2
DETERIORATION OF THE PARK BEYOND NORMAL WEAR AND TEAR .3
(4) O
N JULY 1, 2024, AND ON JULY 1 OF EACH YEAR THEREAFTER,4
THE DEPARTMENT SHALL ADJUST THE AMOUNT SPECIFIED IN SUBSECTION5
(2)(b)(I)
OF THIS SECTION IN ACCORDANCE WITH THE PERCENTAGE6
CHANGE FOR THE PREVIOUS TWELVE MONTHS AT THE TIME OF THE7
CALCULATION IN THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF8
LABOR STATISTICS , CONSUMER PRICE INDEX FOR9
D
ENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN10
CONSUMERS, OR ITS SUCCESSOR INDEX. THE DEPARTMENT SHALL PUBLISH11
THE ADJUSTED AMOUNT ON THE DEPARTMENT 'S WEBSITE.12
(5) A
HOME OWNER IS ENTITLED TO THE REMEDIES PROVIDED13
UNDER THIS SECTION ONLY IF THE HOME OWNER HAS NOT GIVEN NOTICE14
TO TERMINATE THE HOME OWNER 'S LEASE OR RENTAL AGREEMENT AS OF15
THE DATE OF THE NOTICE OF THE CHANGE IN USE .16
(6) A
NY AGREEMENT MADE WITH A HOME OWNER TO WAIVE ANY17
RIGHTS UNDER THIS SECTION IS INVALID AND INEFFECTIVE FOR ANY18
PURPOSE.19
SECTION 7. In Colorado Revised Statutes, 38-12-204, add
20
(4) and (5) as follows:21
38-12-204. Nonpayment of rent - notice required for rent 22
increase - limitation on rent increases - repeal. (4) A LANDLORD SHALL23
NOT INCREASE RENT ON A MOBILE HOME PARK LOT IF THE PARK :24
(a) D
OES NOT HAVE A CURRENT, ACTIVE REGISTRATION FILED WITH25
THE DIVISION OF HOUSING IN ACCORDANCE WITH SECTION 38-12-1106;26
(b) H
AS ANY UNPAID PENALTIES OWED TO THE DIVISION OF27
1287
-10- HOUSING; OR1
(c) H
AS NOT FULLY COMPLIED WITH ANY FINAL AGENCY ORDER2
ISSUED BY THE DIVISION OF HOUSING.3(5) A NOTICE OF A RENT INCREASE ISSUED IN VIOLATION OF THIS4
SECTION IS INVALID AND HAS NO FORCE AND EFFECT . 5
SECTION 8. In Colorado Revised Statutes, amend 38-12-206 as6
follows:7
38-12-206. Home owner meetings - assembly in common areas8
- meeting hosted by landlord. (1) Home owners shall have the right to9
meet and establish a homeowners' association. Meetings of home owners10
or the homeowners' association relating to mobile home living and affairs11
in their park common area, community hall, or recreation hall, if such a12
facility or similar facility exists, shall not be subject to prohibition by the13
park management if the common area or hall is reserved according to the14
park rules and such meetings are held at reasonable hours and when the15
facility is not otherwise in use; except that no such meetings shall be held16
in the streets or thoroughfares of the mobile home park.17
(2) T
HE MANAGEMENT SHALL NOT CHARGE HOME OWNERS OR18
RESIDENTS A FEE TO MEET IN COMMON BUILDINGS OR SPACES IN THE PARK ,19
INCLUDING ANY COMMON AREA , COMMUNITY HALL, OR RECREATION HALL;20
EXCEPT THAT THE MANAGEMENT MAY CHARGE FOR THE REASONABLE21
COSTS OF CLEANING OR REPAIRING ACTUAL DAMAGES INCURRED . THE22
MANAGEMENT MAY RECUPERATE THE COST OF REPAIRS FOR ACTUAL23
DAMAGES BEYOND NORMAL WEAR AND TEAR THAT WERE CAUSED BY A24
HOME OWNER BY RETAINING A PORTION OF A HOME OWNER 'S SECURITY25
DEPOSIT.26
(3) I
F REQUESTED BY A HOME OWNER OR RESIDENT , THE27
1287
-11- LANDLORD OF A MOBILE HOME PARK SHALL , WITHIN THIRTY DAYS OF1
RECEIVING THE REQUEST, HOST AND ATTEND A FREE, PUBLIC, ACCESSIBLE2
MEETING FOR RESIDENTS OF THE PARK; EXCEPT THAT A LANDLORD IS NOT3
REQUIRED TO HOST AND ATTEND MORE T HAN TWO MEETINGS IN A4
CALENDAR YEAR. NOTICE OF THE DATE, TIME, AND LOCATION OF THE5
MEETING MUST BE POSTED IN BOTH ENGLISH AND SPANISH IN A CLEARLY6
VISIBLE LOCATION IN COMMON AREAS OF THE MOBILE HOME PARK ,7
INCLUDING ANY COMMUNITY HALL OR RECREATION HALL , FOR A PERIOD8
OF SEVEN DAYS BEFORE THE MEETING AND MUST BE PROVIDED BY MAIL AT9
LEAST FOURTEEN DAYS BEFORE THE MEETING TO EACH HOME OWNERS '10
ASSOCIATION, RESIDENTS' ASSOCIATION, OR SIMILAR BODY THAT11
REPRESENTS THE RESIDENTS OF THE PARK . IN ADDITION TO MAILING THE12
NOTICE AS REQUIRED BY THIS SECTION, THE LANDLORD SHALL PROVIDE13
NOTICE OF THE MEETING BY E-MAIL TO EACH HOME OWNER AND RESIDENT14
WHO HAS AN E-MAIL ADDRESS ON FILE WITH THE LANDLORD .15
SECTION 9. In Colorado Revised Statutes, 38-12-209, repeal (3)16
and (4) as follows:17
38-12-209. Entry fees prohibited - security deposit. (3) The 18
trial judge may award court costs and attorney fees in any court action19
brought pursuant to any provision of this part 2 to the prevailing party20
upon finding that the prevailing party undertook the court action and legal21
representation for a legally sufficient reason and not for a dilatory or22
unfounded cause.23
(4) The management or a resident may bring a civil action for24
violation of the rental agreement or any provision of this part 2 in the25
appropriate court of the county in which the park is located. Either party26
may recover actual damages or the court may in its discretion award such27
1287
-12- equitable relief as it deems necessary, including the enjoining of either1
party from further violations.2
SECTION 10. In Colorado Revised Statutes, 38-12-211, amend3
(1) as follows:4
38-12-211. Selling and transfer fees prohibited - "for sale"5
signs permitted. (1) Neither the owner of a mobile home park nor the6
owner's agent may A LANDLORD SHALL NOT require payment of any type7
of selling fee or transfer fee by either a home owner in the park wishing8
to sell the home owner's mobile home to another party,
A HOME OWNER9
WISHING TO REMOVE THE HOME OWNER 'S MOBILE HOME FROM THE PARK,10
or by
any party wishing to buy a mobile home from a home owner in the11
park as a condition of tenancy in a park for the prospective buyer. T
HIS12
SUBSECTION (1) DOES NOT PROHIBIT THE LANDLORD FROM CHARGING A13
RENTAL APPLICATION FEE THAT COMPLIES WITH SECTION 38-12-903 IF THE14
PROSPECTIVE BUYER IS BUYING THE MOBILE HOME IN PLACE AND IS15
APPLYING FOR TENANCY IN THE PARK .16
SECTION 11. In Colorado Revised Statutes, 38-12-212.3,17
amend (1)(b) introductory portion, (1)(b)(II), (3), (4)(b), (5), (6)
18
introductory portion, (6)(c), and (6)(d) as follows:19
38-12-212.3. Responsibilities of landlord - acts prohibited.20
(1) (b) If a landlord fails to maintain or repair the items described in21
subsection (1)(a)(II)
OR (2)(b) of this section:22
(II) The landlord is responsible for and shall pay the cost of23
providing alternative sources of potable water and maintaining portable24
toilets, which portable toilets are located reasonably near affected mobile25
homes in a manner that renders them accessible to people with26
disabilities, no later than twenty-four
TWELVE hours after the service27
1287
-13- disruption begins, unless conditions beyond the landlord's control prevent1
compliance with this subsection (1)(b)(II); and2
(3) A landlord shall not require a resident to assume any of the3
responsibilities described in subsection (1) or (2) of this section as a4
condition of any home owner's tenancy in the park.5
(4) Nothing in this section may be construed as:6
(b) Restricting a landlord from requiring a home owner
OR7
RESIDENT to comply with rules and regulations of the park that are8
enforceable pursuant to section 38-12-214 or with terms of the rental9
agreement and any covenants binding upon the landlord or home owner10
OR RESIDENT, including covenants running with the land that pertain to11
the cleanliness of the home owner's
OR RESIDENT'S lot and routine lawn12
and yard maintenance, and excluding major landscaping projects.13
(5) A landlord shall establish and maintain an emergency contact14
number, post the number in common areas of the park, and communicate15
the number to home owners
AND RESIDENTS in each rental agreement and16
each revision of the park rules and regulations. A home owner
OR17
RESIDENT who uses the emergency contact number in a timely manner to18
report a problem with a condition described in subsection (1) or (2) of this19
section is deemed to have provided notice to the landlord of the problem.20
(6) If a landlord fails to comply with the requirements of this
21
section, a home owner of the park may file a complaint with the division22
of housing pursuant to the "Mobile Home Park Act Dispute Resolution23
and Enforcement Program" created in section 38-12-1104. O
N AND AFTER
24
J
ULY 1, 2024, OR EARLIER IF ALLOWED BY THE DIVISION, A RESIDENT WHO
25
DOES NOT OWN A MOBILE HOME IN THE PARK , A LOCAL GOVERNMENT, OR26
A NONPROFIT MAY FILE SUCH A COMPLAINT . If the division finds by a27
1287
-14- written determination that the landlord has violated this section, the1
division may:2
(c) Require the landlord to reduce the rent owed by a home owner3
OR RESIDENT on a prorated basis to reflect the home owner's OR4
RESIDENT'S loss of use of the mobile home space; or5
(d) Require the landlord to compensate a home owner
OR
6
RESIDENT for housing expenses on a per diem basis if the home owner OR7
RESIDENT is displaced from the home owner's mobile home as a result of8
the landlord's violation.9
10
SECTION 12. In Colorado Revised Statutes, 38-12-212.4,11
amend (1) introductory portion, (1)(a), (1)(b), (2), (3), (4), (5), and (6) as12
follows:13
38-12-212.4. Required disclosure and notice of water usage14
and billing - responsibility for leaks. (1) If the management charges15
home owners
OR RESIDENTS individually for water usage in the park, then,16
on or before January 31 of each year, the management shall provide to17
each home owner
AND RESIDENT and post IN BOTH ENGLISH AND SPANISH18
in a clearly visible location in at least one common area of the mobile19
home park the following information:20
(a) The methodology by which the management calculates the21
amount charged to each home owner
OR RESIDENT for water usage on the22
home owner's
OR RESIDENT'S lot;23
(b) The methodology by which the management calculates the24
amount charged to each home owner
OR RESIDENT for water usage in25
common areas of the mobile home park; and26
(2) If the management charges home owners
OR RESIDENTS for27
1287
-15- water usage in the park, whether individually or in an aggregate amount,1
the management shall provide to each home owner
OR RESIDENT a2
monthly water bill that indicates the amount owed by the home owner
OR3
RESIDENT, the total amount owed by all the residents in the mobile home4
park, and, if the management purchases the water from a provider, the5
total amount paid by the management to the provider.6
(3) The management shall not charge a home owner
OR RESIDENT7
for any costs in addition to the actual cost of water billed to the8
management.9
(4) The management shall use a methodology that is reasonable,10
equitable, and consistent for billing home owners
OR RESIDENTS for any11
type of water usage.12
(5) If the management learns of a leak in a water line inside the13
park, the management shall notify each home owner
AND RESIDENT of the14
leak within twenty-four hours.15
(6) The management shall not bill a home owner
OR RESIDENT for16
any water usage that is caused by a leak in a water line inside the park.17
SECTION 13. In Colorado Revised Statutes, 38-12-212.5,18
amend (1), (2) introductory portion, (3)(a), and (5); and add (2)(e) and19
(4.5) as follows:20
38-12-212.5. Prohibition on retaliation and harassment.21
(1) The management shall not take retaliatory action against a home22
owner
OR RESIDENT who exercises any right conferred upon the home23
owner
OR RESIDENT by this part 2, part 11 of this article 12, or any other24
provision of law.25
(2) Except as described in subsection (3) of this section, in an26
action or administrative proceeding by or against a home owner
OR27
1287
-16- RESIDENT, the management's action is presumed to be retaliatory if, within1
the one hundred twenty days preceding the management's action, the2
home owner
OR RESIDENT:3
(e) P
ARTICIPATED IN A VOTE OR DECISION MAKING PROCESS4
CONCERNING THE OPPORTUNITY TO PURCHASE THE MOBILE HOME PARK5
PURSUANT TO SECTION 38-12-217.6
(3) The presumption of retaliatory action described in subsection7
(2) of this section does not apply to an action or administrative hearing8
where the management:9
(a) Addresses nonpayment of rent by a home owner
OR RESIDENT,10
as described in section 38-12-204; or11
(4.5) T
HE MANAGEMENT SHALL NOT :12
(a) H
ARASS, INTIMIDATE, OR THREATEN, OR ATTEMPT TO HARASS,13
INTIMIDATE, OR THREATEN, ANY PERSON FOR FILING OR ATTEMPTING TO14
FILE A COMPLAINT, JOINING OR ATTEMPTING TO JOIN AN ASSOCIATION OF15
RESIDENTS OR HOME OWNERS , ENGAGING IN ACTIVITIES TO PROMOTE THE16
ORGANIZING AND EDUCATION OF RESIDENTS AND HOME OWNERS , OR17
VOTING OR ATTEMPTING TO VOTE ON A MATTER BEFORE THE ASSOCIATION18
OF RESIDENTS OR HOME OWNERS ; OR19
(b) C
OERCE OR REQUIRE A PERSON TO SIGN AN AGREEMENT . 20
(5) The rights and remedies provided by this section are available21
to home owners
AND RESIDENTS in addition to the anti-retaliation22
protection provided in section 38-12-1105 (13).23
SECTION 14. In Colorado Revised Statutes, 38-12-213, amend24
(5) introductory portion; and add (5)(b.5) and (7) as follows:25
38-12-213. Rental agreement - disclosure of terms in writing26
- prohibited provisions. (5) A rental agreement may
SHALL not include27
1287
-17- any provision:1
(b.5) T
HAT REQUIRES A HOME OWNER TO WAIVE THE OPPORTUNITY2
TO PURCHASE THE PARK ALLOWED UNDER SECTION
38-12-217.3
(7) I
T IS A VIOLATION OF THIS PART 2 FOR THE MANAGEMENT TO4
REQUIRE A HOME OWNER TO SIGN A NEW LEASE OR AGREEMENT IN5
VIOLATION OF THIS SECTION OR TO MISLEAD A HOME OWNER ABOUT THE6
HOME OWNER'S OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT .7
SECTION 15. In Colorado Revised Statutes, 38-12-214, amend8
(1) introductory portion, (1)(e), (2), and (3)(a); and add (2.5) and (2.7) as9
follows:10
38-12-214. Rules and regulations - amendments - notice -11
complaints. (1) The management shall adopt written rules and12
regulations concerning
RESIDENTS' OR home owners' use and occupancy13
of the premises. Except as otherwise provided in this section, such rules14
and regulations are enforceable against a
RESIDENT OR home owner only15
if:16
(e) They are established in the rental agreement at the inception17
of the tenancy, amended subsequently with the
WRITTEN consent of the18
home owner, or, except as described in subsection (2) of this section,19
amended subsequently without the
WRITTEN consent of the home owner20
after the management has provided written notice of the amendments to21
the home owner at least sixty days before the amendments become22
effective, and, if applicable, enforced in compliance with subsection (3)23
of this section.24
(2) When a mobile home
OR ANY ACCESSORY BUILDING OR25
STRUCTURE is owned by a person other than the owner of the mobile26
home park in which the mobile home is located, the mobile home is
AND27
1287
-18- ACCESSORY BUILDING OR STRUCTURE ARE EACH a separate unit of1
ownership. and rules and regulations that impose THE ACCESSORY2
BUILDING OR STRUCTURE ARE EACH PRESUMED TO BE OWNED BY THE3
OWNER OF THE MOBILE HOME UNLESS THERE IS A WRITTEN AGREEMENT4
ESTABLISHING OWNERSHIP BY ANOTHER PERSON . IF A RULE OR5
REGULATION REQUIRES A HOME OWNER TO INCUR A COST OR IMPOSES6
restrictions or requirements on that separate unit that are adopted after the7
home owner signs the rental agreement and without the consent of the8
home owner are THE HOME OWNER'S RIGHT TO CONTROL WHAT HAPPENS9
IN OR TO THEIR MOBILE HOME AND ANY ACCESSORY BUILDING OR10
STRUCTURE AS A SEPARATE UNIT OF OWNERSHIP , INCLUDING WITHOUT11
LIMITATION, TO CONTROL THE STRUCTURE AND APPEARANCE OF THE12
MOBILE HOME, BUILDING, OR STRUCTURE; WHO VISITS THE MOBILE HOME,13
BUILDING, OR STRUCTURE OR WHO RESIDES IN THE MOBILE HOME ,14
BUILDING, OR STRUCTURE, PROVIDED THE PERSON WHO RESIDES IN THE15
MOBILE HOME, BUILDING, OR STRUCTURE WAS PREVIOUSLY APPROVED AS16
A RESIDENT OF THE PARK; AND LAWFUL ACTIVITIES TAKING PLACE IN THE17
MOBILE HOME, BUILDING, OR STRUCTURE THE RULE OR REGULATION IS18
presumed unreasonable Nothing in this subsection (2) prohibits the 19
management from requiring compliance with park rules and regulations20
at the time of sale or transfer to a new owner; except that, as used in this21
subsection (2), "transfer" does not include a transfer of ownership22
pursuant to death or divorce or a transfer of ownership to a new co-owner23
pursuant to marriage PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION24
UNLESS MANAGEMENT DEMONSTRATES THAT THE RULE OR REGULATION :25
(a) I
S STRICTLY NECESSARY TO PROTECT THE HEALTH AND SAFETY26
OF PARK RESIDENTS AND THE RULE OR REGULATION PROVIDES THE27
1287
-19- PROTECTION AT THE LOWEST EXPENSE TO HOME OWNERS AS IS1
REASONABLY POSSIBLE;2
(b) I
S STRICTLY NECESSARY TO COMPLY WITH OR ENFORCE A3
FEDERAL, STATE, OR LOCAL GOVERNMENT REQUIREMENT , INCLUDING4
LOCAL NUISANCE LAWS ENFORCED FOR THE WELFARE OF OTHER5
RESIDENTS;6
(c) I
S VOLUNTARILY AGREED TO BY THE HOME OWNER , WITHOUT7
COERCION OR MISREPRESENTATION BY MANAGEMENT , IN WHICH CASE THE8
RULE OR REGULATION IS ONLY BINDING UPON HOME OWNERS WHO HAVE9
COMMUNICATED THEIR WRITTEN CONSENT TO THE RULE OR REGULATION ;10
OR11
(d) I
N A MOBILE HOME PARK MANAGED BY HOME OWNERS , WAS12
ESTABLISHED BY THE MANAGING HOME OWNER ORGANIZATION IN13
ACCORDANCE WITH THE ORGANIZATION 'S BYLAWS AND MORE THAN FIFTY14
PERCENT OF THE HOME OWNERS ARE MEMBERS OF THE ORGANIZATION .15
(2.5) (a) S
UBSECTION (2) OF THIS SECTION DOES NOT PROHIBIT THE16
MANAGEMENT FROM REQUIRING COMPLIANCE BY A NEW HOME OWNER17
WITH PARK RULES AND REGULATIONS THAT WERE NOT ENFORCEABLE18
AGAINST THE PREVIOUS HOME OWNER AFTER THE SALE OR TRANSFER OF19
A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE AS DESCRIBED20
IN SUBSECTION (2.5)(b) OF THIS SECTION PROVIDED THAT THE RULES OR21
REGULATIONS COMPLY WITH THIS SECTION AND HAVE BEEN DULY NOTICED22
TO ALL HOME OWNERS AND RESIDENTS, INCLUDING THE SELLER, PURSUANT23
TO SUBSECTION (1)(e) OF THIS SECTION; EXCEPT THAT, AS USED IN THIS24
SUBSECTION (2.5), "TRANSFER" DOES NOT INCLUDE A TRANSFER OF25
OWNERSHIP PURSUANT TO DEATH OR DIVORCE OR A TRANSFER OF26
OWNERSHIP TO A NEW CO-OWNER WHO IS AN IMMEDIATE FAMILY MEMBER ,27
1287
-20- SPOUSE, OR DOMESTIC PARTNER OF THE HOME OWNER .1
(b) T
HE MANAGEMENT SHALL NOT REQUIRE A HOME OWNER2
SELLING A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE TO3
ENSURE THAT THE MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE4
COMPLIES WITH ANY RULES OR REGULATIONS BY THE CLOSING DATE OF5
THE SALE OR TO BEAR THE COSTS OF COMPLIANCE WITH ANY SUCH RULES6
OR REGULATIONS. IF THE MANAGEMENT REQUIRES ALL PROSPECTIVE7
BUYERS TO COMPLY WITH SUCH RULES AND REGULATIONS AS A CONDITION8
OF GAINING TENANCY IN THE PARK, THE MANAGEMENT SHALL PROMPTLY9
PROVIDE A WRITTEN LIST OF ITEMS FOR WHICH THE MANAGEMENT10
REQUIRES ACTION TO THE SELLER UPON RECEIVING NOTICE THAT THE11
MOBILE HOME IS FOR SALE. THE SELLER SHALL PROVIDE THE LIST TO ALL12
PROSPECTIVE BUYERS AND THE MANAGEMENT SHALL PROVIDE THE LIST TO13
THE BUYER UPON RECEIVING AN APPLICATION FOR TENANCY . THE14
MANAGEMENT SHALL ALLOW A REASONABLE AMOUNT OF TIME AFTER15
CLOSING FOR THE BUYER TO BRING THE MOBILE HOME OR ACCESSORY16
BUILDING OR STRUCTURE INTO COMPLIANCE , WHICH MUST BE AT LEAST17
THIRTY DAYS FROM THE CLOSING DATE .18
(2.7) (a) N
OTWITHSTANDING ANY RENTAL AGREEMENT , THE19
MANAGEMENT SHALL NOT INTERFERE WITH A HOME OWNER 'S RIGHT TO20
SELL A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE , IN PLACE21
OR OTHERWISE, TO A BUYER OF THE HOME OWNER 'S CHOOSING22
REGARDLESS OF THE AGE OF THE HOME EXCEPT AS NECESSARY FOR THE23
MANAGEMENT TO ENSURE :24
(I) C
OMPLIANCE WITH PARK-WIDE AFFORDABILITY
RESTRICTIONS,25
INCLUDING REQUIREMENTS FOR OWNER OCCUPANCY ;26
(II) T
HE FINANCIAL ABILITY OF THE HOME BUYER TO COMPLY WITH27
1287
-21- THE BUYER'S OBLIGATIONS AS A NEW TENANT;1
(III) C
OMPLIANCE WITH APPLICABLE LOCAL , STATE, OR FEDERAL2
LAW; AND3
(IV) T
HE ABSENCE OF A HOME BUYER 'S RELEVANT CRIMINAL4
HISTORY THAT WOULD INDICATE A REASONABLE CHANCE OF RISK TO5
OTHER RESIDENTS IN ACCORDANCE WITH SECTION 38-12-904 (1)(b).6
(b) A
PROVISION IN A RENTAL AGREEMENT THAT LIMITS OR7
RESTRICTS A HOME OWNER 'S RIGHT TO SELL A MOBILE HOME OR8
ACCESSORY BUILDING OR STRUCTURE TO A BUYER OF THE HOME OWNER 'S9
CHOOSING OTHER THAN AS ALLOWED BY THIS SUBSECTION (2.7) IS10
UNENFORCEABLE.11
(3) (a) If the management provides each home owner written12
notice of the management's intent to add or amend any written rule or13
regulation as described in subsection (1)(e) of this section, a home owner14
may file a complaint challenging the rule, regulation, or amendment15
pursuant to section 38-12-1105 within sixty days after receiving the16
notice. If a home owner files such a complaint, and the new or amended17
rule or regulation will increase a cost to the home owner in an amount18
that equals or exceeds ten percent of the home owner's monthly rent19
obligation under the rental agreement, the management shall not enforce20
the rule, regulation, or amendment unless and until the parties reach an21
agreement concerning the rule, regulation, or amendment or the dispute22
resolution process concludes and the division of housing within the23
department of local affairs issues a written determination, pursuant to24
section 38-12-1105 (4), that the rule, regulation, or amendment does not25
constitute a violation of this part 2 and may be enforced. Notwithstanding26
any provision of part 11 of this article 12 to the contrary, as part of the27
1287
-22- complaint process described in section 38-12-1105, the management has1
the burden of establishing that the rule, regulation, or amendment satisfies2
the requirements described in subsection (1) SUBSECTIONS (1) AND (2) of3
this section.4
SECTION 16. In Colorado Revised Statutes, 38-12-217, amend5
(1), (2), (3), (4)(a), (4)(b), (5) introductory portion, (5)(a), (5)(b), (6), (7),6
(8), (9), (10)(a), and (14)(a); and repeal and reenact, with amendments,7
(15) as follows:8
38-12-217. Notice of change of use - notice of sale or closure of9
park - opportunity for home owners to purchase - procedures -10
exemptions - enforcement - private right of action - definition.11
(1) Except as specified in subsection (12) of this section:12
(a) (I) A mobile home park owner LANDLORD shall notify the13
owners of all mobile homes in the park and the municipality in which the14
park is situated or, if none, the county in which the park is situated15
PROVIDE NOTICE of the park owner's LANDLORD'S intent to change the use16
of the land comprising the park or to sell the park WITHIN FOURTEEN DAYS17
OF A TRIGGERING EVENT DEMONSTRATING THE LANDLORD 'S INTENT TO18
SELL. THE NOTICE MUST BE GIVEN IN ACCORDANCE WITH THE19
REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION.20
(II) A
TRIGGERING EVENT REQUIRING NOTICE UNDER THIS21
SUBSECTION (1)(a) INCLUDES ANY TIME THE LANDLORD :22
(A) S
IGNS A CONTRACT WITH A REAL ESTATE BROKER OR23
BROKERAGE FIRM TO LIST THE PARK FOR SALE OR TO SELL OR TRANSFER24
THE PARK;25
(B) S
IGNS A LETTER OF INTENT, OPTION TO SELL OR BUY, OR OTHER26
CONDITIONAL WRITTEN AGREEMENT WITH A POTENTIAL BUYER FOR THE27
1287
-23- SALE OR TRANSFER OF THE PARK, WHICH INCLUDES THE ESTIMATED PRICE,1
TERMS, AND CONDITIONS OF THE PROPOSED SALE OR TRANSFER , EVEN IF2
SUCH PRICE, TERMS, OR CONDITIONS ARE SUBJECT TO CHANGE ;3
(C) S
IGNS A CONTRACT WITH A POTENTIAL BUYER 'S REAL ESTATE4
BROKER OR BROKERAGE FIRM RELATED TO THE POTENTIAL SALE OR5
TRANSFER OF THE PARK;6
(D) A
CCEPTS AN EARNEST MONEY PROMISSORY NOTE OR DEPOSIT7
FROM A POTENTIAL BUYER FOR THE SALE OR TRANSFER OF THE PARK ;8
(E) R
ESPONDS TO A POTENTIAL BUYER'S DUE DILIGENCE REQUEST9
FOR THE PARK;10
(F) P
ROVIDES A SIGNED PROPERTY DISCLOSURE FORM FOR THE11
PARK TO A POTENTIAL BUYER;12
(G) L
ISTS THE PARK FOR SALE;13
(H) M
AKES A CONDITIONAL ACCEPTANCE OF AN OFFER FOR THE14
SALE OR TRANSFER OF THE PARK;15
(I) T
AKES ANY OTHER ACTION DEMONSTRATING AN INTENT TO16
SELL THE PARK; OR17
(J) R
ECEIVES A NOTICE OF ELECTION AND DEMAND OR LIS PENDENS18
RELATED TO FORECLOSURE OF THE PARK PURSUANT TO PART 1 OF ARTICLE19
38
OF THIS TITLE 38 OR A NOTICE THAT A CERTIFICATE OF LEVY HAS BEEN20
FILED RELATED TO THE PARK PURSUANT TO SECTION 13-56-101;21
(b) If a mobile home park owner intends
A LANDLORD SHALL22
PROVIDE NOTICE OF THE LANDLORD'S INTENT to change the use of the land23
comprising the mobile home park the mobile home park owner shall give24
written notice to each home owner IN ACCORDANCE WITH THE25
REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION at least twelve26
months before the change in use will occur. The mobile home park owner27
1287
-24- shall mail the written notice to each home owner at the home owner's1
most recent address and shall post a copy of the notice in a conspicuous2
place on the mobile home or at the main point of entry to the lot.3
(c) No earlier than thirty NINETY days after giving the notice4
required by this subsection (1), or subsection (2) SUBSECTION (1)(a) of5
this section, a mobile home park owner LANDLORD may post information6
in a public space in the mobile home park describing the method for7
providing a signed writing to the mobile home park owner related to the8
opportunity to purchase. The posting may MUST include standard forms9
CREATED BY THE DEPARTMENT OF LOCAL AFFAIRS related to the10
opportunity to purchase
AND THE RIGHTS OF MOBILE HOME PARK OWNERS11
RELATED TO THE OPPORTUNITY TO PURCHASE , including a STANDARDIZED12
form
DEVELOPED BY THE DEPARTMENT OF LOCAL AFFAIRS for providing
13
notice that a THE LANDLORD TO USE TO REQUEST THE SI GNATURES OF14
home owner does not wish OWNERS WHO DECLINE to participate in efforts15
to purchase a community. If, no earlier than thirty NINETY days after a16
mobile home park owner LANDLORD provides the notice required by this17
subsection (1), or subsection (2) SUBSECTION (1)(a) of this section, at least18
fifty percent of the home owners who reside in the park provide signed19
writings to the mobile home park owner expressing no interest LANDLORD20
DECLINING TO PARTICIPATE in purchasing the park, then the opportunity21
to purchase provided by subsection (4) of this section shall terminate22
TERMINATES even if the ninety-day ONE-HUNDRED-TWENTY-DAY period23
provided for in subsection (4)(a) of this section has not yet elapsed.24
(d) A mobile home park owner LANDLORD shall not solicit or25
request a home owner's intention or a signed writing related to the26
opportunity to purchase during the initial thirty NINETY days after giving27
1287
-25- notice pursuant to this subsection (1). or subsection (2) SUBSECTION (1)(a)1
of this section. At no time During the time period for considering an2
opportunity to purchase,
A LANDLORD shall a mobile home park owner
3
NOT attempt to coerce, THREATEN, OR INTIMIDATE A HOME OWNER or4
provide any financial or in-kind incentives to a home owner to influence5
the homeowner's HOME OWNER'S VOTE OR decision AND SHALL NOT TAKE6
RETALIATORY ACTION AGAINST A HOME OWNER AFTER THE HOME OWNER 'S7
VOTE OR DECISION. Any complaints alleging violation of this subsection8
(1) may be resolved under part 11 of this article 12
AND SUBSECTION (15)9
OF THIS SECTION.10
(2) Notice - requirements. In addition to the notice specified in
11
subsection (1) of this section, and except as specified in subsection (12)12
of this section:13
(a) A landlord shall give notice to each home owner in the mobile14
home park upon any of the following triggering events:15
(I) The landlord lists the park for sale;16
(II) The landlord intends to make a final, unconditional17
acceptance of an offer for the sale or transfer of the park; or18
(III) The landlord receives:19
(A) A notice of election and demand or lis pendens related to20
foreclosure of the park pursuant to part 1 of article 38 of this title 38; or21
(B) Notice that a certificate of levy has been filed related to the22
park pursuant to section 13-56-101.23
(b) Within fourteen days after the date on which any of the events24
described in subsection (2)(a) of this section occur,25
(a) T
O PROVIDE NOTICE AS REQUIRED BY SUBSECTION (1)(a) OR26
(1)(b)
OF THIS SECTION, the landlord shall mail the notice required by this
27
1287
-26- section IN BOTH ENGLISH AND SPANISH by certified mail to:1
(I) Each home owner, using the most recent address of the home2
owner, and shall post a copy of the notice in a conspicuous place on the3
mobile home or at the main point of entry to the lot;4
(II) The municipality or, if the park is in an unincorporated area,5
the county within which the park is located;6
(III) The division of housing in the department of local affairs;7
and8
(IV) Each home owners' association, residents' association, or9
similar body that represents the residents of the park.10
(b) I
N ADDITION TO MAILING THE NOTICE, THE LANDLORD SHALL:11
(I) P
ROVIDE THE NOTICE IN BOTH ENGLISH AND SPANISH BY12
E-MAIL TO EACH RESIDENT
WHO HAS AN E-MAIL ADDRESS ON FILE WITH13
THE LANDLORD; AND14
(II) (A) POST THE NOTICE IN BOTH ENGLISH AND SPANISH IN A15
CLEARLY VISIBLE LOCATION IN COMMON AREAS OF THE MOBILE HOME16
PARK, INCLUDING ANY COMMUNITY HALL OR RECREATION HALL . THE17
NOTICE MUST REMAIN PUBLICLY POSTED FOR A PERIOD OF AT LEAST ONE18
HUNDRED TWENTY DAYS FROM THE DATE IT IS POSTED OR UNTIL THE19
OPPORTUNITY TO PURCHASE HAS EXPIRED .20
(B) T
HE LANDLORD SHALL MAKE A GOOD FAITH EFFORT TO
21
COMPLY WITH THE NOTICE REQUIREMENT IN SUBSECTION (2)(b)(II)(A) OF22
THIS SECTION. A GOOD FAITH EFFORT BY THE LANDLORD TO COMPLY WITH23
THE NOTICE REQUIREMENT IN SUBSECTION (2)(b)(II)(A) OF THIS SECTION24
WILL NOT RENDER A SALE OF A PARK TO BE OUT OF COMPLIANCE WITH THIS25
SECTION.26
(3) Contents of notice. The notice given pursuant to subsection27
1287
-27- (1) or (2) SUBSECTION (1)(a) of this section must include notice of home1
owners' rights
AND REMEDIES under subsections (4) to (9) of
this section.2
If the triggering event involves a
POTENTIAL sale, the notice must also3
include a description of the property to be purchased, and
the price, terms,4
and conditions of an acceptable offer the landlord has received to sell the5
mobile home park or the price or terms and conditions for which the6
landlord intends to sell the park,
AND ANY OTHER TERMS OR CONDITIONS7
WHICH, IF NOT MET, WOULD BE SUFFICIENT GROUNDS, IN THE LANDLORD'S8
DISCRETION, TO REJECT AN OFFER FROM A GROUP OF HOME OWNERS OR9
THEIR ASSIGNEES. THE PRICE, TERMS, AND CONDITIONS STATED IN THE10
NOTICE MUST BE UNIVERSAL AND APPLICABLE TO ALL POTENTIAL BUYERS ,11
AND MUST NOT BE SPECIFIC TO AND PROHIBITIVE OF A GROUP OR12
ASSOCIATION OF HOME OWNERS OR THEIR ASSIGNEES MAKING A13
SUCCESSFUL OFFER TO PURCHASE THE PARK . The information regarding14
the proposed sale and the price, terms, and conditions of an acceptable15
offer may be shared for the purposes of evaluating or obtaining financing16
for the prospective transaction, but all persons who receive the17
information shall otherwise keep it confidential if the park owner
18
LANDLORD or the park owner's LANDLORD'S agent so requests.19
(4) Offer to purchase - who may submit - time limits. (a) A20
group or association of home owners or their assignees have ninety ONE21
HUNDRED TWENTY days after the date that the landlord mails a notice22
under subsection (1) or (2) REQUIRED BY SUBSECTION (1)(a) of this23
section to:24
(I) Submit to the landlord a proposed purchase and sale agreement25
and26
(II) obtain a binding commitment AN OFFER for any necessary27
1287
-28- financing or guarantees; OR1
(II) S
UBMIT TO THE LANDLORD AN ASSIGNMENT AGREEMENT2
PURSUANT TO SUBSECTION (8) OF THIS SECTION.3
(b) Notwithstanding subsection (4)(a) of this section, if a4
foreclosure sale of the park is scheduled for less than ninety
ONE5
HUNDRED TWENTY days after the landlord mails a notice under subsection6
(1) or (2) REQUIRED BY SUBSECTION (1)(a) of this section, the opportunity7
granted by subsection (4)(a) of this section terminates on the date of the8
foreclosure sale.9
(5) Landlord's duty to consider offer. A landlord that receives10
an offer pursuant to HAS GIVEN NOTICE AS REQUIRED BY SUBSECTION11
(1)(a)
OF this section shall: not unreasonably refuse to:
12
(a) Provide documents, data, and other information in response to13
reasonable requests for information from a group or association of home14
owners or their assignees participating in the opportunity to purchase that15
would enable them to prepare an offer. The documents, data, and other16
information provided may be shared for the purposes of evaluating or17
obtaining financing for the prospective transaction, but all persons who18
receive the information shall otherwise keep it confidential if the park19
owner LANDLORD or the park owner's LANDLORD'S agent so requests.20
(b) (I) Negotiate in good faith with a group or association of home21
owners or their assignees. or22
(II) F
OR PURPOSES OF THIS SUBSECTION (5)(b), NEGOTIATING IN23
GOOD FAITH INCLUDES, BUT IS NOT LIMITED TO,
EVALUATING AN OFFER TO24
PURCHASE FROM A GROUP OF HOME OWNERS OR THEIR ASSIGNEES25
WITHOUT CONSIDERATION OF THE TIME PERIOD FOR CLOSING, THE TYPE OF26
FINANCING OR PAYMENT METHOD, WHETHER OR NOT THE OFFER IS27
1287
-29- CONTINGENT ON FINANCING OR PAYMENT METHOD, OR WHETHER OR NOT1
THE OFFER IS CONTINGENT ON FINANCING, AN APPRAISAL, OR TITLE WORK,2
AND PROVIDING A WRITTEN RESPONSE WITHIN SEVEN CALENDAR DAYS OF3
RECEIVING AN OFFER FROM A GROUP OF HOME OWNERS OR THEIR4
ASSIGNEES. THE WRITTEN RESPONSE MUST ACCEPT OR REJECT THE OFFER ,5
AND IF THE OFFER IS REJECTED, MUST STATE:6
(A) T
HE CURRENT PRICE, TERMS, OR CONDITIONS OF AN7
ACCEPTABLE OFFER THAT THE LANDLORD HAS RECEIVED TO SELL THE8
MOBILE HOME PARK, IF THE PRICE, TERMS, OR CONDITIONS HAVE CHANGED9
SINCE THE LANDLORD GAVE NOTICE TO THE HOME OWNERS PURSUANT TO10
SUBSECTION (3) OF THIS SECTION; AND11
(B) A
WRITTEN EXPLANATION OF WHY THE LANDLORD IS12
REJECTING THE OFFER FROM A GROUP OF HOME OWNERS AND WHAT TERMS13
AND CONDITIONS MUST BE INCLUDED IN A SUBSEQUENT OFFER FOR THE14
LANDLORD TO POTENTIALLY ACCEPT IT .15
(III) T
HE PRICE, TERMS, AND CONDITIONS OF AN ACCEPTABLE16
OFFER STATED IN THE RESPONSE MUST BE UNIVERSAL AND APPLICABLE TO17
ALL POTENTIAL BUYERS, AND MUST NOT BE SPECIFIC TO AND PROHIBITIVE18
OF A GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR ASSIGNEES19
MAKING A SUCCESSFUL OFFER TO PURCHASE THE PARK .20
(6) Expiration of opportunity to purchase. (a) If the ninety-day
21
ONE-HUNDRED-TWENTY-DAY period provided for in subsection (4)(a) of22
this section elapses and a group or association of home owners or their23
assignees have not submitted a proposed purchase and sale agreement or24
obtained a binding financial commitment, the group's or association's25
opportunities provided by this section terminate.26
(b) A landlord shall give a group or association of home owners27
1287
-30- or their assignees an additional ninety ONE HUNDRED TWENTY days after1
the ninety-day ONE-HUNDRED-TWENTY-DAY period provided by2
subsection (4)(a) of this section to close on the purchase of the mobile3
home park. 4
(7) Extension or tolling of time. (a) The ninety-day5
ONE-HUNDRED-TWENTY-DAY periods described in subsections (4)(a) and6
(6)(b) of this section may be extended by written agreement between the7
landlord and the group or association of home owners or their assignees.8
(b) (I) T
HE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR9
ASSIGNEES ARE ENTITLED TO TOLLING OF THE TIME PERIODS DESCRIBED IN10
SUBSECTION (4)(a) AND (6)(b) OF THIS SECTION IN ANY OF THE FOLLOWING11
CIRCUMSTANCES:12
(A) I
F THERE IS A REASONABLE DELAY IN OBTAINING FINANCING13
OR A REQUIRED INSPECTION OR SURVEY OF THE LAND THAT IS OUTSIDE THE14
CONTROL OF THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR15
ASSIGNEES, THE TIME PERIOD IS TOLLED FOR THE DURATION OF THE DELAY;16
(B) I
F THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR17
ASSIGNEE FILES A NONFRIVOLOUS COMPLAINT WITH THE DEPARTMENT OF18
LOCAL AFFAIRS ALLEGING A VIOLATION OF THIS SECTION, THE TIME PERIOD19
IS TOLLED UNTIL THE DEPARTMENT OF LOCAL AFFAIRS ISSUES A WRITTEN20
NOTICE OF VIOLATION OR NOTICE OF NONVIOLATION THAT HAS BECOME A21
FINAL AGENCY ORDER DETERMINING WHETHER A VIOLATION HAS22
OCCURRED OR THE PARTIES REACH A RESOLUTION BY SIGNING A23
SETTLEMENT AGREEMENT APPROVED BY THE DEPARTMENT OF LOCAL24
AFFAIRS; AND25
(C) I
F THE GROUP OR ASSOCIATION OF HOME OWNERS HAS26
ATTEMPTED TO ASSIGN THEIR RI GHTS PURSUANT TO SUBSECTION (8) OF27
1287
-31- THIS SECTION, THE TIME PERIOD IS TOLLED FROM THE TIME THE GROUP OR1
ASSOCIATION MAKES THE OFFER OF ASSIGNMENT UNTIL THE POTENTIAL2
ASSIGNEE EITHER CONFIRMS IN WRITING THAT THE OFFER IS REJECTED OR3
A WRITTEN ASSIGNMENT CONTRACT IS EXECUTED ; EXCEPT THAT THE TIME4
PERIOD SHALL NOT BE TOLLED FOR MORE THAN NINETY DAYS PURSUANT5
TO THIS SUBSECTION (7)(b)(I)(C).6
(8) Assignment of right to purchase. (a) A group or association7
of home owners or their assignees that have the opportunity to purchase8
under subsection (4) of this section may assign their purchase right to a9
local or state government, tribal government, housing authority, or10
nonprofit with expertise related to housing, or to
THE STATE OR an agency11
of the state, for the purpose of continuing the use of the park.12
(b) (I) I
F A GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR13
ASSIGNEES COMPRISING MORE THAN FIFTY PERCENT OF HOME OWNERS IN14
A PARK CHOOSE TO ASSIGN THEIR RIGHTS TO A PUBLIC ENTITY UNDER THIS15
SUBSECTION (8), THE HOME OWNERS OR THEIR ASSIGNEES SHALL ENTER16
INTO A WRITTEN ASSIGNMENT CONTRACT WITH THE PUBLIC ENTITY . THE17
ASSIGNMENT CONTRACT MUST INCLUDE THE TERMS AND CONDITIONS OF18
THE ASSIGNMENT AND FOR HOW THE PARK WILL BE OPERATED IF THE19
PUBLIC ENTITY PURCHASES THE PARK. THE ASSIGNMENT CONTRACT MUST20
PROVIDE THAT THE TERMS AND CONDITIONS ARE APPLICABLE TO ANY21
DESIGNEE SELECTED BY THE PUBLIC ENTITY PURSUANT TO SUBSECTION22
(8)(b)(II)
OF THIS SECTION. THE TERMS AND CONDITIONS MAY INCLUDE ,23
BUT ARE NOT LIMITED TO:24
(A)
ANY DEED RESTRICTIONS THAT MAY BE REQUIRED OR25
PERMITTED REGARDING THE LOTS OR THE HOUSES IN THE PARK ;26
(B)
ANY RESTRICTIONS ON RENT OR FEE INCREASES THAT APPLY IF27
1287
-32- THE PUBLIC ENTITY PURCHASES THE PARK ;1
(C)
ANY REQUIRED CONDITIONS , SUCH AS THE REQUIRED2
DEMONSTRATION OF APPROVAL FROM HOME OWNERS , FOR REDEVELOPING3
OR CHANGING THE USE OF SOME OR ALL OF THE PARK ;4
(D)
A MANAGEMENT AGREEMENT FOR HOW THE PARK WILL BE5
OPERATED IF THE PUBLIC ENTITY PURCHASES THE PARK ;
6
(E)
ANY CHANGES TO PARK RULES OR REGULATIONS THAT APPLY7
IF THE PUBLIC ENTITY PURCHASES THE
PARK; AND8
(F) ANY AGREEMENT BETWEEN THE PARTIES REGARDING THE9
TRANSFER OF STATUTORY RESPONSIBILITIES ASSOCIATED WITH MANAGING10
THE PARK, AND ANY LIMITATIONS OR WAIVERS OF LIABILITY .11
(II) A
PUBLIC ENTITY SHALL ONLY EXERCISE ITS RIGHT OF FIRST12
REFUSAL FOR THE PURPOSE OF PRESERVING THE MOBILE HOME PARK AS13
LONG-TERM AFFORDABLE HOUSING . THE PUBLIC ENTITY MAY DESIGNATE14
A HOUSING AUTHORITY OR OTHER POLITICAL SUBDIVISION TO PURCHASE15
THE PARK PURSUANT TO THE PUBLIC ENTITY'S RIGHT OF FIRST REFUSAL FOR16
THIS PURPOSE IF THE OPTION FOR A DESIGNATION IS EXPRESSLY AGREED TO17
IN THE ASSIGNMENT CONTRACT .18
(III) T
HE PUBLIC ENTITY OR ITS DESIGNEE SHALL PROMPTLY19
PROVIDE NOTICE OF THE ASSIGNMENT CONTRACT TO THE LANDLORD .20
(c) (I) I
F A LANDLORD RECEIVES NOTICE THAT A GROUP OR21
ASSOCIATION OF HOME OWNERS HAS ENTERED AN ASSIGNMENT CONTRACT22
WITH A PUBLIC ENTITY PURSUANT TO SUBSECTION (8)(b) OF THIS SECTION,23
THE LANDLORD SHALL PROVIDE A RIGHT OF FIRST REFUSAL TO THE PUBLIC24
ENTITY OR ITS DESIGNEE. ANY PURCHASE AND SALE AGREEMENT ENTERED25
INTO BY THE LANDLORD MUST BE CONTINGENT UPON THE RIGHT OF FIRST26
REFUSAL OF THE PUBLIC ENTITY OR ITS DESIGNEE TO PURCHASE THE27
1287
-33- MOBILE HOME PARK.1
(II) W
ITHIN THIRTY DAYS AFTER RECEIVING NOTICE OF AN2
ASSIGNMENT CONTRACT , THE LANDLORD SHALL PROVIDE THE PUBLIC3
ENTITY OR ITS DESIGNEE WITH THE TERMS UPON WHICH THE LANDLORD4
WOULD ACCEPT AN OFFER TO SELL THE PARK OR A CONTINGENT PURCHASE5
AND SALE AGREEMENT THAT IS EFFECTIVE UPON ITS EXECUTION . THE6
PUBLIC ENTITY HAS ONE HUNDRED TWENTY
DAYS FROM THE DATE THE7
PUBLIC ENTITY OR ITS DESIGNEE RECEIVES THE TERMS OR CONTINGENT8
PURCHASE AND SALE AGREEMENT TO NOTIFY THE LANDLORD OF THE9
PUBLIC ENTITY'S INTENT TO PURCHASE THE MOBILE HOME PARK OR OF THE10
PUBLIC ENTITY'S INTENT TO FACILITATE THE PURCHASE OF THE MOBILE11
HOME PARK BY ITS DESIGNEE.12
(III) T
HE LANDLORD SHALL SELL THE MOBILE HOME PARK TO THE13
PUBLIC ENTITY OR ITS DESIGNEE IF , WITHIN THE14
ONE-HUNDRED-TWENTY-DAY
PERIOD, THE PUBLIC ENTITY OR ITS15
DESIGNEE:16
(A) N
OTIFIES THE LANDLORD OF ITS INTENT TO PURCHASE THE17
PARK OR FACILITATE THE PURCHASE OF THE PARK BY ITS DESIGNEE ;18
(B) A
CCEPTS THE CONTINGENT PURCHASE AND SALE AGREEMENT19
PROVIDED BY THE LANDLORD OR OFFERS THE LANDLORD TERMS THAT ARE20
ECONOMICALLY SUBSTANTIALLY IDENTICAL TO THE TERMS OF THE21
CONTINGENT PURCHASE AND SALE AGREEMENT OR TO THE TERMS THE22
LANDLORD PROVIDED PURSUANT TO SUBSECTION (8)(c)(II) OF THIS23
SECTION; AND24
(C) C
OMMITS TO CLOSE WITHIN ONE HUNDRED TWENTY
DAYS25
FROM THE DATE THE PUBLIC ENTITY OR ITS DESIGNEE AND THE OWNER26
SIGN A PURCHASE AND SALE AGREEMENT .27
1287
-34- (IV) FOR THE PURPOSE OF DETERMINING WHETHER THE TERMS OF1
AN OFFER ARE ECONOMICALLY SUBSTANTIALLY IDENTICAL UNDER2
SUBSECTION (8)(c)(III)(B) OF THIS SECTION, IT IS IMMATERIAL HOW THE3
OFFER WOULD BE FINANCED.4
(d) A
LANDLORD SHALL NOT TAKE ANY ACTION THAT WOULD5
PRECLUDE THE PUBLIC ENTITY OR ITS DESIGNEE FROM SUCCEEDING TO THE6
RIGHTS OF AND ASSUMING THE OBLIGATIONS OF THE DESIGNEE OF THE7
TERMS OF THE CONTINGENCY PURCHASE AND SALE AGREEMENT OR8
NEGOTIATING WITH THE LANDLORD FOR THE PURCHASE OF THE MOBILE9
HOME PARK DURING THE NOTICE PERIODS IDENTIFIED IN THIS SECTION . 10
(e) I
N ADDITION TO ANY OTHER TIMES , DURING THE NOTICE11
PERIODS IDENTIFIED IN THIS SECTION, A PUBLIC ENTITY MAY PURSUE12
PRESERVATION OF THE MOBILE HOME PARK AS AFFORDABLE HOUSING13
THROUGH NEGOTIATION FOR PURCHASE OR THROUGH CONDEMNATION .14
(f) A
S USED IN THIS SUBSECTION (8), "PUBLIC ENTITY" MEANS THE15
STATE, AN AGENCY OF THE STATE , A LOCAL GOVERNMENT , A TRIBAL16
GOVERNMENT, OR ANY POLITICAL SUBDIVISION OF THE STATE , A LOCAL17
GOVERNMENT, OR A TRIBAL GOVERNMENT.18
(9) Independence of time limits and notice provisions.19
(a) E
XCEPT AS PROVIDED IN SUBSECTION (9)(b) OF THIS SECTION, each20
occurrence of a triggering event listed in subsection (1) or (2)
21
SUBSECTION (1)(a) of this section creates an independent, ninety-day22
ONE-HUNDRED-TWENTY-DAY opportunity to purchase for the group or23
association of home owners or their assignees. If a ninety-day24
ONE-HUNDRED-TWENTY-DAY opportunity to purchase is in effect and a25
new triggering event occurs, the ongoing ninety-day26
ONE-HUNDRED-TWENTY-DAY time period terminates and a new ninety-day27
1287
-35- ONE-HUNDRED-TWENTY-DAY time period begins on the latest date on1
which the landlord gives notice, as required by subsection (1)2
SUBSECTION (1)(a) or (2) of this section, of the new triggering event.3
(b) (I) A
LANDLORD IS NOT REQUIRED TO PROVIDE A NEW OR4
SUBSEQUENT NOTICE OF INTENT TO SELL FOR EACH TRIGGERING EVENT5
LISTED IN SUBSECTION (1)(a) OF THIS SECTION IF:6
(A) T
HE NEW DEMONSTRATION OF INTENT OCCURS WITHIN SIXTY7
CALENDAR DAYS OF THE CERTIFIED MAILING OF THE MOST RECENT NOTICE8
UNDER SUBSECTION (2) OF THIS SECTION; AND9
(B) T
HERE ARE NO MATERIAL CHANGES TO THE IDENTITY OF A10
POTENTIAL BUYER IF THE LANDLORD HAS MADE A CONDITIONAL11
AGREEMENT WITH A BUYER ; TO THE TIME WHEN THE PARK IS LISTED FOR12
SALE; OR TO THE PRICE, TERMS, AND CONDITIONS OF AN ACCEPTABLE13
OFFER THE LANDLORD HAS RECEIVED TO SELL THE MOBILE HOME PARK OR14
FOR WHICH THE LANDLORD INTENDS TO SELL THE PARK , WHICH WERE15
INCLUDED IN THE MOST RECENT NOTICE PROVIDED PURSUANT TO16
SUBSECTION (1)(a) OF THIS SECTION.17
(II) A
NY MATERIAL CHANGE TO THE PRICE , TERMS, AND18
CONDITIONS OF AN ACCEPTABLE OFFER THE LANDLORD HAS RECEIVED TO19
SELL THE MOBILE HOME PARK OR FOR WHICH THE LANDLORD INTENDS TO20
SELL THE PARK IS CONSIDERED A NEW TRIGGERING EVENT , REQUIRING A21
NEW NOTICE PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND22
CREATING A NEW ONE-HUNDRED-TWENTY-DAY
TIME PERIOD. 23
(b) (c) A notice required under this section is in addition to, and24
does not substitute for or affect, any other notice requirement under this25
part 2.26
(10) A landlord shall not make a final, unconditional acceptance27
1287
-36- of any offer for the sale or transfer of the park until:1
(a) The landlord has considered an offer made by a group or2
association of home owners or their assignees pursuant to subsections (4),3
and (5), AND (8) of this section; or4
(14) Triggering events not essential. (a) A group or association5
of home owners or their assignees may submit an offer to purchase to a6
landlord at any time, even if none of the events listed in subsection (1) or7
(2) SUBSECTION (1)(a) of this section has occurred.8
(15) Penalties and enforcement. (a) (I) F
OR PURPOSES OF THIS
9
TITLE 38, THE RIGHTS ACCORDED TO HOME OWNERS IN THIS SECTION ARE10
PROPERTY INTERESTS.11
(II) ANY TITLE TRANSFERRED SUBSEQUENT TO THE TRIGGERING12
EVENTS IN SUBSECTION (1)(a) OF THIS SECTION IS DEFECTIVE UNLESS THE13
PROPERTY INTERESTS OF THE HOME OWNERS AS SET FORTH IN SUBSECTION14
(15)(a)(I) OF THIS SECTION ARE SECURED OR UNTIL AN EQUITABLE REMEDY15
HAS BEEN PROVIDED.16
(b) I
F THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL17
AFFAIRS RECEIVES A COMPLAINT FILED IN ACCORDANCE WITH PART 11 OF18
THIS ARTICLE 12, THE DIVISION SHALL INVESTIGATE THE ALLEGED19
VIOLATIONS AT THE DIVISION 'S DISCRETION, AND, IF APPROPRIATE,20
FACILITATE NEGOTIATIONS BETWEEN THE COMPLAINANT AND RESPONDENT21
IN ACCORDANCE WITH PART 11 OF THIS ARTICLE 12. THE DIVISION MAY22
ALSO INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION UPON ITS OWN23
INITIATIVE. IN ADDITION TO THE REMEDIES DESCRIBED IN SECTION24
38-12-1105,
THE DIVISION MAY:25
(I) I
MPOSE A FINE ON THE SELLER OF THE MOBILE HOME PARK IN AN26
AMOUNT NOT TO EXCEED THIRTY PERCENT OF THE SALE OR LISTING PRICE27
1287
-37- OF THE PARK, WHICHEVER IS GREATER , WHICH THE DIVISION SHALL1
DISTRIBUTE TO THE HOME OWNERS IN THE PARK ; OR2
(II) F
ILE A CIVIL ACTION FOR INJUNCTIVE OR OTHER RELIEF IN THE3
DISTRICT COURT FOR THE DISTRICT IN WHICH THE PARK IS LOCATED .4
(c) S
UBJECT TO AVAILABLE RESOURCES , THE ATTORNEY GENERAL5
MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION . IF THE6
ATTORNEY GENERAL MAKES A PRELIMINARY FINDING THAT A LANDLORD7
OR SELLER OF A MOBILE HOME PARK SUBSTANTIALLY FAILED TO COMPLY8
WITH THIS SECTION, AND IF CONTINUATION OF THE SALE IS LIKELY TO9
RESULT IN SIGNIFICANT HARM TO THE PROPERTY INTERESTS OF THE HOME10
OWNERS AS SET FORTH IN SUBSECTION (15)(a)(II) OF THIS SECTION, THE11
ATTORNEY GENERAL:12
(I) S
HALL INFORM THE REGISTRAR OF TITLES THAT THE HOME13
OWNERS WITH PROPERTY INTERESTS UNDER THIS SECTION HAVE AN14
ADVERSE CLAIM ON THE PROPERTY , WHICH MUST BE RECORDED ON THE15
CERTIFICATE OF TITLE;16
(II) M
AY, PURSUANT TO SECTION 38-36-131 AND SUBJECT TO THE17
TIME LIMITS OF SECTION 38-36-132, ISSUE AN ORDER PROVIDING18
TEMPORARY INJUNCTIVE RELIEF TO PRESERVE THE OWNERSHIP STATUS19
QUO IF THE ORDER IS ISSUED PRIOR TO A TRANSFER OF TITLE , OR TO20
REVERT THE OWNERSHIP TO STATUS QUO ANTE SUBJECT TO THE21
LIMITATIONS OF ARTICLE 41 OF THIS TITLE 38 IF THE ORDER IS ISSUED22
AFTER THE TRANSFER OF TITLE;23
(III) M
AY CONTINUE TO INVESTIGATE , NEGOTIATE, AND, IF24
APPROPRIATE, FILE A CIVIL ACTION TO SECURE AND ENFORCE THE RIGHTS25
OF HOME OWNERS UNDER THIS SECTION OR TO SECURE AN EQUITABLE26
REMEDY ON THEIR BEHALF.27
1287
-38- (d) ONE OR MORE HOME OWNERS OR THEIR ASSIGNEES MAY FILE A1
CIVIL ACTION ALLEGING A VIOLATION OF THIS SECTION PURSUANT TO2
SECTION 38-12-220.3
SECTION 17. In Colorado Revised Statutes, 38-12-219, amend4
(1) introductory portion and (1)(a); and add (2) as follows:5
38-12-219. Home owners' and landlords' rights. (1) Every6
home owner and landlord shall have the HAS A PRIVATE right OF ACTION7
PURSUANT TO SECTION 38-12-203 OR 38-12-220 to ENFORCE the8
following:9
(a) Protection from abuse or disregard of state or local law by the10
landlord and home owners. A
BUSE OR DISREGARD OF STATE OR LOCAL11
LAW INCLUDES, BUT IS NOT LIMITED TO:12
(I) O
RAL OR WRITTEN STATEMENTS THAT THREATEN EVICTION OF13
A
HOME OWNER FOR VIOLATIONS THAT ARE NOT GROUNDS TO TERMINATE14
A TENANCY UNDER SECTION 38-12-203;15
(II) M
ISLEADING A HOME OWNER ABOUT THE HOME OWNER 'S16
OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT ; OR17
(III) T
AKING, POSSESSING, OR DEPRIVING A HOME OWNER OR18
RESIDENT OF HIS OR HER PROPERTY OR PROPERTY RIGHTS WITHOUT DUE19
PROCESS OF LAW, INCLUDING THE OPPORTUNITY FOR A JUDICIAL OR20
ADMINISTRATIVE HEARING.21
(2) T
HE RIGHTS AND OBLIGATIONS SET FORTH IN SUBSECTIONS22
(1)(a)(III), (1)(b),
AND (1)(c) OF THIS SECTION ARE NOT SUBJECT TO23
ENFORCEMENT THROUGH THE "MOBILE HOME PARK ACT DISPUTE24
R
ESOLUTION AND ENFORCEMENT PROGRAM " CREATED IN PART 11 OF THIS25
ARTICLE 12.26
SECTION 18. In Colorado Revised Statutes, amend 38-12-22027
1287
-39- as follows:1
38-12-220. Private civil right of action. (1) A home owner, in2
a park where the landlord has violated any provision of this article 12 has3
a private civil right of, A RESIDENT, AN ASSOCIATION OF HOME OWNERS ,4
OR A LANDLORD OR THE ASSIGNEE OF A HOME OWNER , A RESIDENT, AN5
ASSOCIATION OF HOME OWNERS , OR A LANDLORD MAY FILE A CIVIL action6
against the landlord ALLEGING A VIOLATION OF A RENTAL AGREEMENT OR7
OF ANY PROVISION OF THIS ARTICLE 12.8
(2) In any such action, except as described in section 38-12-1059
(4): the home owner is entitled to actual economic damages and10
reasonable attorney fees and costs if the home owner is successful in the11
action.12
(a) A
COURT MAY AWARD ECONOMIC DAMAGES , ANY PENALTIES13
AUTHORIZED BY THIS ARTICLE 12, AND SUCH EQUITABLE AND INJUNCTIVE14
RELIEF AS IS APPROPRIATE TO PROTECT THE RIGHTS OF THE PARTIES ;15
(b) A
COURT MAY AWARD REASONABLE ATTORNEY FEES AND16
COSTS TO A PREVAILING PARTY; EXCEPT THAT, IN AN ACTION BROUGHT BY17
A RESIDENT, A HOME OWNER, OR AN ASSOCIATION OF HOME OWNERS A18
COURT SHALL NOT:19
(I) A
WARD ATTORNEY FEES TO A LANDLORD UNLESS THE COURT20
FINDS THAT THE RESIDENT, A HOME OWNER, OR AN ASSOCIATION OF HOME21
OWNERS FILED A COMPLAINT THAT WAS FRIVOLOUS , NOTWITHSTANDING22
ANY AGREEMENT TO THE CONTRARY ; OR23
(II) R
EQUIRE A BOND TO BE PAID INTO THE COURT AS A CONDITION24
OF FILING THE SUIT.25
(3) I
N AN ACTION ALLEGING A VIOLATION OF SECTION 38-12-217:26
(a) A
COURT MAY ISSUE AN ORDER SUSPENDING THE27
1287
-40- ONE-HUNDRED-TWENTY-DAY PERIODS DESCRIBED IN SECTION 38-12-2171
(4)(a)
AND (6)(b), STAYING OR CANCELING THE CLOSING OF ANY PENDING2
TRANSACTION, OR PROVIDING SUCH OTHER EQUITABLE RELIEF AS THE3
COURT DEEMS NECESSARY TO PROTECT THE RIGHTS OF THE HOME OWNERS4
UNDER SECTION 38-12-217.5
(b) I
F THE COURT FINDS THE LANDLORD VIOLATED SECTION6
38-12-217,
IN ADDITION TO ALL OTHER REMEDIES , THE COURT SHALL7
AWARD A STATUTORY PENALTY OF NO LESS THAN TWENTY T HOUSAND8
DOLLARS BUT NO MORE THAN THE DOLLAR AMOUNT CALCULATED TO BE9
THIRTY PERCENT OF THE PURCHASE OR LISTING PRICE OF THE PARK . THE10
PENALTY AUTHORIZED BY THIS SUBSECTION (3)(b) IS IN ADDITION TO ANY11
FINE OR PENALTY IMPOSED BY OR AWARDED TO THE DIVISION OF HOUSING12
UNDER SECTION 38-12-217 (15).13
(4) IF A COURT DETERMINES THAT A LANDLORD VIOLATED SECTION14
38-12-204 (4) OR (5), IN ADDITION TO ALL OTHER REMEDIES, THE COURT15
SHALL AWARD A STATUTORY PENALTY OF NO LESS THAN FIFTEEN16
THOUSAND DOLLARS BUT NO MORE THAN FIFTY THOUSAND DOLLARS TO17
EACH AGGRIEVED PARTY FOR EACH VIOLATION THAT OCCURRED .18
SECTION 19. In Colorado Revised Statutes, 38-12-222, amend19
(2) and (3) as follows:20
38-12-222. Residents' right to privacy. (2) Unless otherwise21
prohibited by law, the management has a right of entry to mobile home22
space to fulfill the duties described in section 38-12-212.3 and to ensure23
compliance with applicable codes, statutes, ordinances, and24
administrative rules; the rental agreement; and the rules and regulations25
of the park. A landlord shall not enter in a manner that interferes with a26
home owner's RESIDENT'S peaceful enjoyment of the mobile home space,27
1287
-41- as described in section 38-12-219 (1)(b), except in the case of an1
emergency.2
(3) Except when posting notices that are required by law or by a3
rental agreement, the management shall make a reasonable effort to notify4
a home owner RESIDENT of the management's intention to enter the5
mobile home space at least forty-eight hours before entry. T
HE6
NOTIFICATION MUST INCLUDE THE DATE AND APPROXIMATE TIME OF THE7
PLANNED ENTRY AND MUST BE DELIVERED IN A MANNER THAT IS8
REASONABLY LIKELY TO BE SEEN OR HEARD BY THE RESIDENT IN A TIMELY9
MANNER.10
SECTION 20. In Colorado Revised Statutes, add 38-12-223 as11
follows:12
38-12-223. Tenancy and park sale records. (1) A
LANDLORD13
SHALL RETAIN RECORDS FOR EACH HOME OWNER AND RESIDENT14
THROUGHOUT THE HOME OWNER 'S OR RESIDENT'S TENANCY AND FOR15
TWELVE MONTHS AFTER THE TENANCY ENDS , INCLUDING DOCUMENTATION16
OF:17
(a) E
ACH RENTAL AGREEMENT SIGNED BY THE HOME OWNER OR18
RESIDENT AND THE CURRENT OR PREVIOUS LANDLORD ;19
(b) T
HE DATE AND AMOUNT OF ANY CHANGE IN RENT DURING THE20
HOME OWNER'S OR RESIDENT'S TENANCY;21
(c) W
RITTEN RULES AND REGULATIONS ADOPTED BY THE CURRENT22
OR PREVIOUS LANDLORD DURING THE HOME OWNER 'S OR RESIDENT'S23
TENANCY;24
(d) E
ACH REQUEST FROM THE HOME OWNER OR RESIDENT25
RELATING TO THE FOLLOWING , INCLUDING WHETHER THE LANDLORD AT26
THE TIME APPROVED OR DISAPPROVED EACH REQUEST :27
1287
-42- (I) GUESTS, ROOMMATES, OCCUPANTS, CO-LESSEES, OR1
SUB-LESSEES;2
(II) P
ETS OR SERVICE ANIMALS;3
(III) A
CCESSORY BUILDINGS OR STRUCTURES , INCLUDING SHEDS4
AND CARPORTS;5
(IV) D
ECKS, FENCES, WHEELCHAIR RAMPS, OR OTHER STRUCTURAL6
CHANGES TO THE HOME OR LOT ; AND7
(V) U
SE OF PROPERTY RELATED TO PARKING OF VEHICLES AND USE8
OF VEHICLES.9
(2) A
LANDLORD WHO IS SELLING OR TRANSFERRING A MOBILE10
HOME PARK SHALL MAINTAIN ALL RECORDS RELATED TO COMPLIANCE11
WITH SECTION 38-12-217 FOR A MINIMUM OF FORTY-EIGHT MONTHS AFTER12
ANY SALE OR TRANSFER OF A MOBILE HOME PARK IS COMPLETE , INCLUDING13
BUT NOT LIMITED TO:14
(a) N
OTICES MAILED OR GIVEN TO HOME OWNERS PURSUANT TO15
SECTION 38-12-217 (1) AND (2);16
(b) P
OSTINGS PURSUANT TO SECTION 38-12-217 (1)(c), INCLUDING17
ANY FORMS FOR HOME OWNERS TO PROVIDE NOTICE THAT THEY DO NOT18
WISH TO PARTICIPATE IN EFFORTS TO PURCHASE THE COMMUNITY ;19
(c) S
IGNED WRITINGS PROVIDED BY HOME OWNERS TO THE PARK20
OWNER DECLINING TO PARTICIPATE IN PURCHASING THE PARK PURSUANT21
TO SECTION 38-12-217 (1)(c);22
(d) O
FFERS TO PURCHASE AND PROPOSED PURCHASE AND SALE23
AGREEMENTS SUBMITTED TO THE LANDLORD BY A GROUP OR ASSOCIATION24
OF HOME OWNERS OR THEIR ASSIGNEES PURSUANT TO SECTION 38-12-21725
(4);26
(e) R
EQUESTS FOR INFORMATION FROM A GROUP OR ASSOCIATION27
1287
-43- OF HOME OWNERS OR THEIR ASSIGNEES PARTICIPATING IN THE1
OPPORTUNITY TO PURCHASE AND THE LANDLORD 'S RESPONSES TO THE2
REQUESTS FOR INFORMATION PURSUANT TO SECTION 38-12-217 (5)(a);3
AND4
(f) O
FFERS TO PURCHASE AND ANY CONDITIONAL AND5
UNCONDITIONAL PURCHASE AND SALE AGREEMENTS SUBMITTED BY THE6
SUCCESSFUL PURCHASER OF THE MOBILE HOME PARK .7
(3) U
PON THE SALE OR TRANSFER OF A MOBILE HOME PARK , THE8
SELLER MUST TRANSFER ALL RECORDS MAINTAINED UNDER SUBSECTION9
(1)
OF THIS SECTION TO THE NEW OWNER.10
(4) I
F AN ISSUE ARISES AS TO A RESIDENT'S RIGHT TO ANY OF THE11
MATTERS DESCRIBED IN SUBSECTION (1)(c) OR (2) OF THIS SECTION AND12
THE LANDLORD HAS NOT RETAINED ADEQUATE RECORDS FOR THAT13
RESIDENT, THE LANDLORD SHALL BE PRESUMED TO HAVE VIOLATED THIS14
PART 2 UNLESS THE LANDLORD DEMONSTRATES COMPLIANCE BY A15
PREPONDERANCE OF THE EVIDENCE .16
(5) T
HE DIVISION MAY PROMULGATE RULES CONCERNING THE17
IMPLEMENTATION OF THIS SECTION , INCLUDING REQUIREMENTS18
CONCERNING:19
(a) H
OW A PERSON MAY ACCESS OR OBTAIN COPIES OF RECORDS20
RETAINED PURSUANT TO THIS SECTION AND ANY RESTRICTIONS ON WHO21
MAY ACCESS RECORDS RETAINED PURSUANT TO THIS SECTION ;22
(b) W
HAT FEES OR COSTS, IF ANY, MAY BE IMPOSED FOR OBTAINING23
COPIES OF RECORDS RETAINED PURSUANT TO THIS SECTION ;24
(c) C
ONFIDENTIALITY PROTECTIONS FOR PERSONALLY IDENTIFYING25
INFORMATION INCLUDED IN RECORDS RETAINED PURSUANT TO THIS26
SECTION;27
1287
-44- (d) SECURE DESTRUCTION OF RECORDS ONCE THE PERIOD OF1
RETENTION HAS PASSED; AND2
(e) P
ENALTIES FOR VIOLATIONS OF THIS SECTION.3
(6) I
F A
CURRENT OR FORMER MANAGEMENT OR LANDLORD4
VIOLATES THIS SECTION, A HOME OWNER MAY FILE A COMPLAINT5
PURSUANT TO SECTION 38-12-1105. ON AND AFTER JULY 1, 2024, OR6
EARLIER IF ALLOWED BY THE DIVISION, A RESIDENT WHO DOES NOT OWN7
A MOBILE HOME IN THE PARK, A LOCAL GOVERNMENT, OR A NONPROFIT8
MAY FILE SUCH A COMPLAINT.9
SECTION 21. In Colorado Revised Statutes, 38-12-1102, amend10
(1)(c) and (2); and add (1)(d) as follows:11
38-12-1102. Legislative declaration. (1) The general assembly12
hereby finds and declares that:13
(c) Taking legal action against a mobile home park landlord for14
violations of the "Mobile Home Park Act" can be a costly and lengthy15
process
THAT IS NOT TIMELY ENOUGH TO PREVENT SIGNIFICANT HARM , and16
many mobile home owners
AND RESIDENTS
cannot afford to pursue a17
court process to vindicate statutory rights. Mobile home park landlords18
will also benefit by having access to a process that resolves disputes19
quickly and efficiently.20
(d) C
ERTAIN ACTIONS BY MOBILE HOME PARK LANDLORDS MAY21
CAUSE IMMINENT HARM TO MOBILE HOME PARK RESIDENTS .22
(2) Therefore, it is the intent of the general assembly to provide23
an equitable as well as a less costly and more
TIMELY AND efficient way24
for mobile home owners,
MOBILE HOME PARK RESIDENTS ,
and mobile25
home park landlords to resolve disputes; and to provide a mechanism for26
state authorities to quickly locate mobile home park landlords;
AND TO27
1287
-45- GRANT THE DIVISION OF HOUSING THE AUTHORITY TO ISSUE CEASE AND1
DESIST ORDERS TO STOP ACTIONS BY LANDLORDS THAT POSE THE2
POTENTIAL FOR IMMINENT HARM .3
SECTION 22. In Colorado Revised Statutes, 38-12-1103, amend4
(2) and (7); and add (8) as follows:5
38-12-1103. Definitions. As used in this part 11, unless the6
context otherwise requires:7
(2) (a) "Complainant" means a landlord, or home owner, OR8
GROUP OF HOME OWNERS who has filed a complaint alleging a violation9
of the act,
THIS PART 11, OR A RULE or the complainant's agent, employee,10
or representative authorized to act on the complainant's behalf.11
(b) O
N AND AFTER JULY 1, 2024, OR EARLIER IF ALLOWED BY THE
12
DIVISION, "COMPLAINANT" ALSO INCLUDES A RESIDENT , LOCAL13
GOVERNMENT, OR NONPROFIT WHO HAS FILED A COMPLAINT ALLEGING A14
VIOLATION OF THE ACT, THIS PART 11, OR A RULE.15
16
(7) "Respondent" means a landlord,
FORMER LANDLORD, or home17
owner alleged to have committed a violation of the act,
THIS PART 11, OR18
A RULE or the respondent's agent, employee, or representative authorized19
to act on the respondent's behalf.20
(8) "R
ULE" MEANS A RULE PROMULGATED BY THE DIVISION21
PURSUANT TO THE ACT OR THIS PART 11.22
SECTION 23. In Colorado Revised Statutes, 38-12-1104, amend23
(2)(a), (2)(g), and (2)(h); and add (4) as follows:24
38-12-1104. Dispute resolution program - creation - division25
of housing - duties - report - rules. (2) The division shall:26
(a) Produce educational materials regarding the act and the27
1287
-46- program. These materials must be in both English and Spanish and must1
include a notice in a format that a landlord can reasonably post in a2
mobile home park. The notice must summarize home owner
AND
3
RESIDENT rights and responsibilities UNDER THE ACT AND THIS PART4
11, provide information on how to file a complaint with the division,5
describe the protections afforded home owners under section 38-12-11056
(13), and provide a toll-free telephone number and website that landlords,7
and home owners, AND RESIDENTS can use to seek additional information8
and communicate complaints specific to the program;9
(g) Provide an annual report to the transportation and local10
government committee of the house of representatives, or its successor11
committee, AND the local government committee of the senate, or its12
successor committee, and to the department of regulatory agencies, and13
publish that annual report on the division's official website;14
(h) Receive complaints and perform dispute resolution
AND15
ENFORCEMENT activities related to the program, including investigations,16
negotiations,
COMMUNICATIONS, determinations of violations, AWARDS OF17
DAMAGES, and imposition of penalties as described in section18
38-12-1105; 19
(4) T
HE ATTORNEY GENERAL MAY , AT THE ATTORNEY GENERAL'S20
DISCRETION, INVESTIGATE AND ENFORCE COMPLIANCE WITH THE ACT AND21
THIS PART 11.22
SECTION 24. In Colorado Revised Statutes, 38-12-1105, amend23
(1), (2), (3)(a), (4), (7)(a)(II), (7)(a)(III), (7)(b), (10), (12),
and (13);24
and add (3)(c), (6.5), and (15) as follows:25
38-12-1105. Dispute resolution program - complaint process.26
(1) Beginning on June 30, 2020, Any aggrieved party may file a27
1287
-47- complaint with the division ON A FORM PRESCRIBED BY THE DIVISION1
alleging a violation of the act, or this part 11, OR A RULE, regardless of2
whether the provision allegedly violated contains a specific reference to3
this section.4
5
(2) After receiving a complaint under this part 11, the division6
shall investigate the alleged violations at the division's discretion. and,7
T
HE DIVISION MAY, if appropriate, facilitate negotiations between the8
complainant and the respondent. T
HE DIVISION MAY ON ITS OWN9
INITIATIVE INVESTIGATE POTENTIAL VIOLATIONS OF THE ACT , THIS PART10
11,
OR A RULE WHEN IT RECEIVES EVIDENCE OF A POTENTIAL VIOLATION11
FROM A SOURCE OTHER THAN A FILED COMPLAINT AND MAY MAKE12
DETERMINATIONS AND TAKE ENFORCEME NT ACTIONS PURSUANT TO THIS13
SECTION FOLLOWING SUCH AN INVESTIGATION .14
15
(3) (a) Complainants and respondents shall cooperate with the16
division in the course of an investigation by responding to subpoenas17
issued by the division. The subpoenas may
COMPEL TESTIMONY, TAKE18
EVIDENCE, OR seek access to papers or other documents and provide site19
access to the mobile home parks relevant to the investigation.20
Complainants and respondents must respond to the division's subpoenas21
within fourteen days of the division sending the subpoenas by certified22
mail.23
(c) I
F A COMPLAINANT OR RESPONDENT FAILS TO RESPOND TO A24
SUBPOENA WITHIN THE TIME REQUIRED BY SUBSECTION (3)(a) OF THIS25
SECTION, THE DIVISION MAY IMPOSE A PENALTY OF UP TO FIVE THOUSAND26
DOLLARS PER VIOLATION PER DAY FOR EACH DAY THE COMPLAINANT OR27
1287
-48- RESPONDENT FAILS TO RESPOND . THE DIVISION MAY DELAY OR DISMISS1
THE IMPOSITION OF THE PENALTY IF THE COMPLAINANT OR RESPONDENT2
MAKES A GOOD-FAITH EFFORT TO COMPLY WITHIN SEVEN DAYS .3
(4) (a) If, after an investigation, the division determines that the4
parties are unable to come to an agreement
OR THAT FACILITATING5
NEGOTIATIONS BETWEEN THE PARTIES IS NOT APPROPRIATE TO RESOLVE6
THE ALLEGED VIOLATION, the division shall make a written determination7
on whether a violation of the act,
THIS PART 11, OR A RULE has occurred.8
(b) If the division finds by a written determination that a violation9
of the act,
THIS PART 11, OR A RULE has occurred, the division shall10
deliver a written notice of violation by certified mail to both the11
complainant and the respondent. The notice of violation must specify the12
basis for the division's determination, the violation, the action required to13
cure the violation, the time within which that action must be taken, the14
penalties that will be imposed if that action is not taken within the15
specified time period, and the process for contesting the determination,16
required action, and penalties by means of an administrative hearing.17
(c) If the division finds by a written determination that a violation18
of the act,
THIS PART 11, OR A RULE has not occurred, the division shall19
deliver a written notice of nonviolation to both the complainant and the20
respondent by certified mail. The notice of nonviolation must include the21
basis for the division's determination and the process for contesting the22
determination included in the notice of nonviolation by means of an23
administrative hearing.24
(6.5) (a) W
HENEVER THE DIVISION HAS REASONABLE CAUSE TO25
BELIEVE THAT A VIOLATION OF THE ACT , THIS PART 11, OR A RULE HAS26
OCCURRED OR WILL SOON OCCUR , AND THAT IMMEDIATE ENFORCEMENT27
1287
-49- IS NECESSARY, THE DIVISION MAY IMMEDIATELY ISSUE A CEASE AND1
DESIST ORDER. A WRITTEN DETERMINATION AND NOTICE OF VIOLATION IS2
NOT REQUIRED WHEN THE DIVISION ISSUES A CEASE AND DESIST ORDER3
PURSUANT TO THIS SUBSECTION (6.5). THE ORDER MUST SET FORTH THE4
PROVISIONS ALLEGED TO HAVE BEEN VIOLATED , THE FACTS ALLEGED TO5
HAVE CONSTITUTED THE VIOLATION , AND THE REQUIREMENT THAT ALL6
ACTIONS IMMEDIATELY CEASE .7
(b) W
ITHIN FIFTEEN BUSINESS DAYS AFTER SERVICE OF THE ORDER,8
THE PERSON RECEIVING THE ORDER MAY REQUEST AN ADMINISTRATIVE9
HEARING PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION TO10
DETERMINE WHETHER OR NOT THE ALLEGED VIOLATION HAS OCCURRED .11
(c) I
F A PERSON WHO IS THE SUBJECT OF AN ORDER TO CEASE AND12
DESIST FAILS TO COMPLY WITH THE ORDER WITHIN FORTY -EIGHT HOURS,13
THE DIVISION MAY BRING AN ACTION IN CIVIL COURT FOR A TEMPORARY14
RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT FURTHER15
OR CONTINUED VIOLATION OF THE ACT, THIS PART 11, OR A RULE. A COURT16
SHALL NOT STAY AN ORDER TO CEASE AND DESIST UNTIL AFTER HOLDING17
A HEARING INVOLVING BOTH PARTIES ON THE MATTER .18
(7) (a) A complainant or respondent may request an administrative19
hearing before an administrative law judge to contest:20
(II) A penalty imposed under subsection (3)
OR (5) of this section;21
or22
(III) An order to cease and desist or an order to take actions under23
subsection (6)
OR (6.5) of this section.24
(b) If the complainant or respondent requests an administrative25
hearing pursuant to subsection (7)(a) of this section, the complainant or26
respondent must file the request within fifteen business days of receipt
27
1287
-50- AFTER SERVICE of a notice of violation, notice of nonviolation penalty,1
order, or action. If an administrative hearing is not requested within this2
time period, the notice of violation, or notice of nonviolation, OR CEASE3
AND DESIST ORDER constitutes a final agency order of the division and is4
not subject to review by any court or agency.5
(10) When the division imposes any penalty against a respondent6
landlord under this part 11, the respondent may not seek any recovery or7
reimbursement of the penalty from a complainant or from any other home8
owner
OR RESIDENT.9
(12) This section does not provide an exclusive remedy and does
10
not limit the right of landlords, or home owners, OR RESIDENTS to take11
legal action against another party as provided in the act or otherwise.12
Exhaustion of the administrative remedy provided in this section is not13
required before a landlord, or home owner, OR RESIDENT may bring a14
legal action.15
16
(13) A landlord may SHALL not take any retaliatory actions against17
a home owner
OR RESIDENT
FOR FILING A COMPLAINT AND SHALL NOT18
HARASS OR INTIMIDATE A HOME OWNER OR RESIDENT IN VIOLATION OF19
SECTION 38-12-212.5 (4.5). If the division determines that a landlord has20
retaliated against a home owner
OR RESIDENT
OR VIOLATED SECTION21
38-12-212.5
(4.5), the division may impose a fine of up to ten thousand22
dollars on the landlord.23
(15) T
HE DIVISION SHALL TAKE ALL REASONABLE STEPS TO AVOID24
DISCLOSING THE COMPLAINANT'S IDENTITY TO THE LANDLORD DURING OR25
AFTER THE INVESTIGATION WITHOUT THE COMPLAINANT 'S PERMISSION IF26
A COMPLAINT ALLEGES A VIOLATION THAT IS OF A GENERAL NATURE27
1287
-51- AFFECTING MULTIPLE HOME OWNERS OR RESIDENTS , INCLUDING BUT NOT1
LIMITED TO A COMPLAINT ALLEGING THAT A LANDLORD 'S RULES OR RULE2
ENFORCEMENT PRACTICES VIOLATE THE ACT , THIS PART 11, OR A RULE3
AND THE DIVISION CAN ADEQUATELY INVESTIGATE THE COMPLAINT4
WITHOUT REVEALING THE COMPLAINANT 'S IDENTITY. A PERSON SHALL5
NOT OBTAIN ACCESS TO THE RECORD THROUGH SUBPOENA , DISCOVERY, OR6
UNDER ANY STATUTORY AUTHORITY . THIS SUBSECTION (15) DOES NOT7
PROHIBIT THE DIVISION FROM REQUIRING OR KNOWING THE IDENTITY OF8
A COMPLAINANT.9
SECTION 25. In Colorado Revised Statutes, 38-12-1106, amend10
(2)(d), (2)(e), (7) introductory portion, (7)(d), (7)(e), and (8); and add11
(7)(a.5) and (7)(f) as follows:12
38-12-1106. Registration of mobile home parks - process - fees.13
(2) The division shall send registration notifications and information14
packets to all known landlords of unregistered mobile home parks. These15
information packets must include:16
(d) Registration assessment information, including registration17
due dates and late fees, and the collections procedures, liens, and18
charging costs to home owners
OR RESIDENTS; and
19
(e) A description of the protections afforded home owners
AND
20
RESIDENTS under section 38-12-1105 (13).21
(7) The registration forms provided by the division must require22
information necessary to assist the division in identifying and locating a23
mobile home park and other information that may be useful to the 24
state. including, A REGISTRATION IS NOT COMPLETE UNLESS THE25
LANDLORD INCLUDES ALL OF THE INFORMATION REQUIRED BY THE FORMS26
PROVIDED BY THE DIVISION. THE FORMS MUST REQUIRE, at a minimum:27
1287
-52- (a.5) (I) THE NAME AND MAILING ADDRESS OF THE LEGAL OWNER1
OF THE MOBILE HOME PARK AS RECORDED IN THE PROPERTY RECORDS OF2
THE COUNTY ASSESSOR FOR THE PROPERTY AND A COPY OF THE PROPERTY3
RECORD, PROPERTY REPORT, OR SIMILAR SUPPORTING DOCUMENTATION4
FROM THE COUNTY ASSESSOR 'S WEBSITE.5
(II) I
F THE LEGAL OWNER OF THE MOBILE HOME PARK LISTED
6
PURSUANT TO SUBSECTION (7)(a.5)(I) OF THIS SECTION IS A DOMESTIC7
LIMITED LIABILITY COMPANY , THE LANDLORD SHALL INCLUDE THE8
DOMESTIC ENTITY NAME OF THE LIMITED LIABILITY COMPANY AND THE9
PRINCIPAL OFFICE MAILING ADDRESS ON FILE WITH THE SECRETARY OF10
STATE, A COPY OF THE CERTIFICATE OF GOOD STANDING FOR THE LIMITED11
LIABILITY COMPANY, AND THE NAME OF ANY ENTITY THAT EXERCISES12
FINANCIAL OR MANAGEMENT CONTROL OF THE LIMITED LIABILITY13
COMPANY.14
(III) I
F THE LEGAL OWNER OF THE MOBILE HOME PARK LISTED
15
PURSUANT TO SUBSECTION (7)(a.5)(I) OF THIS SECTION IS A FOREIGN16
LIMITED LIABILITY COMPANY , THE LANDLORD SHALL INCLUDE THE17
ENTITY'S TRUE NAME AND ASSUMED ENTITY NAME , IF ANY, AND THE18
PRINCIPAL OFFICE MAILING ADDRESS OF ITS PRINCIPAL OFFICE AS SHOWN19
ON THE STATEMENT OF FOREIGN ENTITY AUTHORITY FILED WITH THE20
SECRETARY OF STATE, A COPY OF THE CERTIFICATE OF GOOD STANDING21
FOR THE FOREIGN LIMITED LIABILITY COMPANY , AND THE NAME OF ANY22
ENTITY THAT EXERCISES FINANCIAL OR MANAGEMENT CONTROL OF THE23
LIMITED LIABILITY COMPANY.24
(d) The number of mobile homes within the mobile home park;25
and26
(e) The
PHYSICAL address of each mobile home within the mobile27
1287
-53- home park AND THE MAILING ADDRESS OF THE HOME OWNER , IF THE1
LANDLORD HAS A DIFFERENT MAILING ADDRESS ON FILE FOR THE HOME2
OWNER; AND3
(f) T
HE DATE AND AMOUNT OF THE MOST RECENT RENT INCREASE4
FOR EACH MOBILE HOME LOT AND EACH MOBILE HOME IN THE PARK .5
(8) For the 2020 calendar year, the division shall charge each
6
landlord a twenty-four dollar registration fee for each mobile home7
independently owned on rented land within the landlord's mobile home8
park. Each year thereafter, The division shall establish by rule a fee that9
each landlord shall pay to the division as an annual registration fee for10
each mobile home independently owned on rented land within the11
landlord's mobile home park. O
N AND AFTER JULY 1, 2024, THE DIVISION
12
MAY ADJUST THE FEE TO COVER THE COSTS ASSOCIATED WITH COMPLAINTS13
FILED PURSUANT TO SECTION 38-12-1103 (2)(b), AND MAY BY RULE14
AUTHORIZE LANDLORDS TO CHARGE A RESIDENT , AS DEFINED IN SECTION15
38-12-201.5
(11), A PORTION OF THE FEE. A landlord may
MUST NOT16
charge a home owner not OR RESIDENT more than half of the fee. The17
registration fee for each mobile home must be deposited into the fund.18
The division shall review the annual registration fee and, if necessary,19
adjust the annual registration fee through rule-making to ensure it20
continues to reasonably relate to the cost of administering the program.21
SECTION 26. In Colorado Revised Statutes, 38-12-1110, add (3)22
as follows:23
38-12-1110. Mobile home park act dispute resolution and24
enforcement program fund. (3) (a) IN FISCAL YEAR 2022-23 AND EACH25
FISCAL YEAR THEREAFTER, THE GENERAL ASSEMBLY SHALL APPROPRIATE26
MONEY FROM THE GENERAL FUND TO THE MOBILE HOME PARK ACT27
1287
-54- DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM FUND FOR USE BY THE1
DIVISION TO CONDUCT OUTREACH, MONITORING, AND ENFORCEMENT2
RELATED TO SECTIONS 38-12-217 AND 38-12-203.5.3
(b) I
N FISCAL YEAR 2024-25 AND EACH FISCAL YEAR THEREAFTER,
4
THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY FROM THE GENERAL5
FUND TO THE MOBILE HOME PARK ACT DISPUTE RESOLUTION AND6
ENFORCEMENT PROGRAM FUND FOR USE BY THE DIVISION TO COVER COSTS7
ASSOCIATED WITH COMPLAINTS FILED PURSUANT TO SECTION 38-12-11038
(2)(b)
THAT ARE NOT COVERED BY THE FEE AUTHORIZED IN SECTION
9
32-12-1106
(8).
10
SECTION 27. In Colorado Revised Statutes, 6-1-105, repeal11
(kkk); and add (ooo) as follows:12
6-1-105. Unfair or deceptive trade practices. (1) A person13
engages in a deceptive trade practice when, in the course of the person's14
business, vocation, or occupation, the person:15
(kkk) Either knowingly or recklessly engages in any unfair,16
unconscionable, deceptive, deliberately misleading, false, or fraudulent17
act or practice;18
(ooo) E
ITHER KNOWINGLY OR RECKLESSLY ENGAGES IN ANY
19
UNFAIR, UNCONSCIONABLE, DECEPTIVE, DELIBERATELY MISLEADING ,20
FALSE, OR FRAUDULENT ACT OR PRACTICE.21
SECTION 28. Appropriation. (1) For the 2022-23 state fiscal22
year, $89,870 is appropriated to the mobile home park act dispute23
resolution and enforcement program fund created in section 38-12-111024
(1), C.R.S. This appropriation is from the general fund. The department25
of local affairs is responsible for the accounting related to this26
appropriation.27
1287
-55- (2) For the 2022-23 state fiscal year, $50,173 is appropriated to1
the office of the governor for use by the office of information technology.2
This appropriation is from reappropriated funds received from the3
department of local affairs from the mobile home park act dispute4
resolution and enforcement program fund created in section 38-12-11105
(1), C.R.S. To implement this act, the office may use this appropriation6
to provide information technology services for the department of local7
affairs.8
SECTION 29. Act subject to petition - effective date. This act9
takes effect October 1, 2022; except that, if a referendum petition is filed10
pursuant to section 1 (3) of article V of the state constitution against this11
act or an item, section, or part of this act within the ninety-day period12
after final adjournment of the general assembly, then the act, item,13
section, or part will not take effect unless approved by the people at the14
general election to be held in November 2022 and, in such case, will take15
effect on the date of the official declaration of the vote thereon by the16
governor.17
1287
-56-