C.R.S. Section 38-12-201.5
Definitions

As used in this part 2 and in part 11 of this article 12, unless the context otherwise requires:

(1)

“Entry fee” means any fee paid to or received from an owner of a mobile home park or an agent thereof except for:

(a)

Rent;

(b)

A security deposit to pay for actual damages to the premises or to secure rental payments;

(c)

Fees charged by any governmental agency of the state, a county, a town, or a city;

(d)

Utilities;

(e)

Incidental reasonable charges for services actually performed by the mobile home park owner or the mobile home park owner’s agent and agreed to in writing by the home owner;

(f)

Late fees; and

(g)

Membership fees paid to join a resident or home owner cooperative that owns the mobile home park or other parks qualifying as common interest communities pursuant to the “Colorado Common Interest Ownership Act”, article 33.3 of this title 38.

(2)

“Home owner” means any person or family of a person who owns a mobile home that is subject to a tenancy in a mobile home park under a rental agreement.

(2.5)

“Late fee” has the meaning set forth in section 38-12-102 (3).

(3)

“Management” or “landlord” means the owner of a mobile home park or person responsible for operating and managing a mobile home park or an agent, employee, or representative authorized to act on the management’s behalf in connection with matters relating to tenancy in the park.

(4)

“Management visit” means an entry by management on a mobile home lot.

(5)

“Mobile home” means:

(a)

A single-family dwelling that is built on a permanent chassis; is designed for long-term residential occupancy; contains complete electrical, plumbing, and sanitary facilities; is designed to be installed in a permanent or semipermanent manner with or without a permanent foundation; and is capable of being drawn over public highways as a unit or in sections by special permit;

(b)

A manufactured home, as defined in section 38-29-102 (6), if the manufactured home is situated in a mobile home park; or

(c)

A tiny home, as defined in section 24-32-3302 (35), that is used as a long-term residence in the mobile home park.

(6)

“Mobile home park” or “park” means a parcel of land used for the continuous accommodation of five or more occupied mobile homes and operated for the pecuniary benefit of the owner of the parcel of land or the owner’s agents, lessees, or assignees. “Mobile home park” does not include mobile home subdivisions or property zoned for manufactured home subdivisions. For purposes of this definition, the parcel of land comprising the mobile home park does not need to be contiguous, but must be in the same neighborhood as determined by the division.

(6.5)

“Mobile home space”, “space”, “mobile home lot”, or “lot” means a parcel of land within a mobile home park designated by the management to accommodate one mobile home and its accessory buildings and to which the required sewer and utility connections are provided by the park.

(7)

“Mobile home subdivision” or “manufactured home subdivision” means any parcel of land that is divided into two or more parcels, separate interests, or interests in common, where each parcel or interest is owned by an individual or entity who owns both a mobile home and the land underneath the mobile home; except that a parcel is not a “mobile home subdivision” or “manufactured home subdivision” when the same owner owns a parcel or subdivided parcels or interests that are collectively used for the continuous accommodation of five or more occupied mobile homes and operated for the pecuniary benefit of the landowner or their agents, lessees, or assignees.

(8)

“Premises” means a mobile home park and existing facilities and appurtenances of the park, including furniture and utilities where applicable, and grounds, areas, and existing facilities held out for the use of home owners generally or the use of which is promised to home owners.

(9)

“Rent” means any money or other consideration to be paid to the management for the right of use, possession, and occupation of the premises.

(10)

“Rental agreement” means an agreement, written or implied by law, between the management and a home owner establishing the terms and conditions of a tenancy, including reasonable rules and regulations promulgated by the park management. A lease is a rental agreement.

(11)

“Resident” means an individual who resides in a mobile home that is located in a mobile home park, regardless of whether the individual is the home owner.

(12)

“Retaliatory action” includes:

(a)

Increasing rent or decreasing services in a selective or excessive manner, or in a nonuniform manner to the extent that the nonuniform increase or decrease is unrelated to a legitimate business purpose;

(b)

Issuing mandatory fees in a selective or excessive manner, or in a nonuniform manner to the extent that the nonuniform issuance of the fees is unrelated to a legitimate business purpose;

(c)

Issuing warnings, citations, or fines that are not lawful;

(d)

Serving notices or threatening eviction when the notices or threats are not reasonably justified;

(e)

Billing a home owner in a selective or excessive manner, or in a nonuniform manner to the extent that the nonuniform billing is unrelated to a legitimate business purpose, for an item or service for which the home owner has not previously been billed;

(f)

Creating or modifying rules and regulations of the park that are not reasonably related to a legitimate purpose;

(g)

Selectively enforcing rules or requirements of the park;

(h)

Conducting management visits that are selective, nonuniform, or excessive; except that this subsection (12)(h) does not include management visits that are conducted for the purpose of providing notices that are required by law or by a rental agreement;

(i)

Altering or refusing to renew an existing rental agreement;

(j)

Surveilling a home owner who submits an oral or written complaint about a mobile home park to the management or to any federal, state, or local government agency; except that this subsection (12)(j) does not include routine, nonexcessive community inspections or documenting, photographing, or recording of violations of law, the rental agreement, or the rules and regulations of the park; or

(k)

Reporting or publicizing damaging information about a home owner who submits an oral or written complaint about a mobile home park to the management or to any federal, state, or local government agency.

(13)

“Tenancy” means the right of a home owner to:

(a)

Locate, maintain, and occupy a mobile home, including accessory structures for human habitation, on a space within a park;

(b)

Make improvements to the space; and

(c)

Use the services and facilities of the park.

Source: Section 38-12-201.5 — Definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑12‑101
Legislative declaration 38‑12‑102
Definitions 38‑12‑102.5
Security deposits - maximum amount 38‑12‑103
Return of security deposit 38‑12‑104
Return of security deposit - hazardous condition - gas appliance 38‑12‑105
Late fees charged to tenants and mobile home owners - maximum late fee amounts - prohibited acts - penalties - period to cure violations - remedies - unfair or deceptive trade practice 38‑12‑106
Security deposits - limitation on pet security deposit and rent - definition 38‑12‑200.1
Short title 38‑12‑200.2
Legislative declaration 38‑12‑201
Application of part 2 38‑12‑201.3
Legislative declaration - increased availability of mobile home parks 38‑12‑201.5
Definitions 38‑12‑202
Tenancy - notice to quit 38‑12‑202.5
Action for termination 38‑12‑203
Reasons for termination 38‑12‑203.5
Change in use of the park - remedies for home owners - definitions 38‑12‑204
Nonpayment of rent - notice required for rent increase - limitation on rent increases 38‑12‑204.3
Notice required for termination 38‑12‑205
Termination prohibited 38‑12‑206
Home owner meetings - assembly in common areas - meeting hosted by landlord 38‑12‑207
Security deposits - legal process 38‑12‑208
Remedies 38‑12‑209
Entry fees prohibited 38‑12‑210
Closed parks prohibited 38‑12‑211
Selling and transfer fees prohibited - “for sale” signs permitted 38‑12‑212
Certain types of landlord-seller agreements prohibited 38‑12‑212.3
Responsibilities of landlord - acts prohibited 38‑12‑212.4
Required disclosure and notice of water usage and billing - responsibility for leaks 38‑12‑212.5
Prohibition on retaliation and harassment - definition 38‑12‑212.7
Landlord utilities account 38‑12‑213
Rental agreement - disclosure of terms in writing - prohibited provisions 38‑12‑214
Rules and regulations - amendments - notice - complaints 38‑12‑215
New developments and parks - rental of sites to dealers authorized 38‑12‑216
Mediation, when permitted - court actions 38‑12‑217
Notice of change of use - notice of sale or closure of park - opportunity for home owners to purchase - procedures - exemptions - enforcement - private right of action - definition 38‑12‑218
Mobile home owners - right to form a cooperative 38‑12‑219
Home owners’ and landlords’ rights 38‑12‑220
Private civil right of action 38‑12‑221
Access by counties and municipalities 38‑12‑222
Residents’ right to privacy 38‑12‑223
Tenancy and park sale records 38‑12‑301
Control of rents by counties and municipalities prohibited - legislative declaration 38‑12‑302
Definitions 38‑12‑401
Definitions 38‑12‑402
Protection for victims of unlawful sexual behavior, stalking, or domestic violence 38‑12‑501
Legislative declaration - matter of statewide concern - purposes and policies 38‑12‑502
Definitions 38‑12‑503
Warranty of habitability - notice - landlord obligations 38‑12‑504
Tenant’s maintenance of premises 38‑12‑505
Uninhabitable residential premises - habitability procedures - rules 38‑12‑506
Exception for certain single-family residences 38‑12‑507
Breach of warranty of habitability - tenant’s remedies 38‑12‑508
Landlord’s defenses to a claim of breach of warranty - limitations on claiming a breach 38‑12‑509
Prohibition on retaliation 38‑12‑510
Unlawful removal or exclusion 38‑12‑511
Application 38‑12‑601
Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - definitions 38‑12‑701
Notice of rent increase 38‑12‑702
Limit on frequency of residential rent increases 38‑12‑801
Written rental agreement - prohibited clauses - copy - tenant - applicability - definitions 38‑12‑802
Tenant payment - receipts 38‑12‑803
Disclosure - elevated radon - definition 38‑12‑901
Short title 38‑12‑902
Definitions 38‑12‑903
Rental application fee - limitations 38‑12‑904
Consideration of rental applications - limitations - portable tenant screening report - notice to prospective tenants - denial notice 38‑12‑905
Violations - liability - notice required - exceptions - no exhaustion of remedies required 38‑12‑1001
Definitions 38‑12‑1002
Bed bugs - notification to landlord - landlord duties 38‑12‑1003
Bed bugs - inspections - treatments - costs 38‑12‑1004
Bed bugs - access to dwelling unit and personal belongings - notice - costs 38‑12‑1005
Bed bugs - renting of dwelling units with bed bugs prohibited 38‑12‑1006
Remedies - liability 38‑12‑1007
Relationship to warranty of habitability 38‑12‑1101
Short title 38‑12‑1102
Legislative declaration 38‑12‑1103
Definitions 38‑12‑1104
Dispute resolution program - creation - division of housing - duties - report - rules 38‑12‑1105
Dispute resolution program - complaint process 38‑12‑1106
Registration of mobile home parks - process - fees 38‑12‑1107
Registration information database 38‑12‑1108
Mobile home park complaint and water issue database 38‑12‑1109
Mobile home park act dispute resolution and enforcement program annual report 38‑12‑1110
Mobile home park act dispute resolution and enforcement program fund 38‑12‑1201
Short title 38‑12‑1202
Definitions 38‑12‑1203
Prohibition on activities related to a tenant’s immigration or citizenship status 38‑12‑1204
Authorized conduct 38‑12‑1205
Remedies
Green check means up to date. Up to date

Current through Fall 2024

§ 38-12-201.5’s source at colorado​.gov