8 Colo. Code Regs. § 1302-15-8

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 8 CCR 1302-15-8 - PARK SALES AND HOME OWNER OPPORTUNITY TO PURCHASE

8.1 Listing - For purposes of section 38-12-217(1)(a)(II)(G), C.R.S., the landlord lists the park for sale when the owner of the mobile home park or their agent, employee, broker, or representative authorized to act on the owner's behalf offers the property for sale.

8.2 Conversations with Home Owners Allowed - For purposes of section 38-12-217(1)(d), C.R.S., a landlord may answer questions and communicate with home owners about the landlord's intent to sell the mobile home park or the opportunity to purchase during the initial ninety (90) days after giving notice, provided that the landlord does not take any actions that are prohibited by section 38-12-217(1)(d), C.R.S.

8.3 Contents of Park Sale Notice -Pursuant to section 38-12-217(3), C.R.S., the "price, terms, and conditions" to sell the park include, but are not limited to:

A. Any money or compensation the seller or seller's agent has paid or intends to pay to the potential buyer or buyer's agent, including due diligence costs or brokerage fees;

B. Whether or not the seller has signed a conditional contract for the sale of the park with a potential buyer, or intends to do so within the next ninety (90) calendar days;

C. Whether or not the proposed sale includes more than one mobile home park or piece of real estate (for example, is part of a portfolio or bundled sale); and

D. For sales that include more than one mobile home park or piece of real estate, like portfolio or bundled sales:

i. The name and property description of any and all other mobile home parks or real estate included in the proposed sale;

ii. The total price, terms, and conditions of an acceptable offer to sell all of the properties located in the state of Colorado; and

iii. The price, terms, and conditions of an acceptable offer to sell each of the mobile home parks located in the state of Colorado that are included in the proposed sale.

8.4 Pursuant to sections 38-12-217(9)(b)(I)(B) and (9) (b.5), C.R.S, a material change to the price, terms, or conditions shall mean any increase or decrease to the financial terms of the proposed sale that exceeds ten (10) percent of the financial terms included in the most recent notice required under section 38-12-217(1)(a), C.R.S.

8.5 Evidence of Majority Approval - When providing reasonable evidence of majority home owner approval pursuant to section 38-12-217(4)(c), C.R.S., a group or association of home owners or their assignees may submit a written statement to the landlord that the group, association, or their assignees has written evidence that at least fifty-one percent (51%) of the owners of occupied homes have approved the group, association, or their assignee's offer to purchase. To be considered reasonable evidence, this written statement must be signed by an attorney, government official, or another mutually acceptable third party, who attests to the truthfulness of the group, association, or their assignees' claim.

8.6 Calculating Home Owner Majorities - For purposes of calculating the percentages described in sections 38-12-217(1)(c), (4)(c), and (8)(b)(I), C.R.S., percentages are based on the total number of individual home owners in the mobile home park, without consideration for the total number of resident-owned homes or any homes owned by the landlord.

8.7 Affidavits of Compliance -

8.7.1 The affidavits of compliance under sections 38-12-1105(1)(b) and (2)(a), C.R.S., indicating that the seller of a mobile home park has paid all penalties and completed all remedial actions order by the Division in a final agency order(s):

A. Are separate and distinct from the affidavit of compliance under section 38-12-217(11), C.R.S.; and

B. Must be filed on a Division-approved form at least fourteen (14) calendar days prior to the sale or other change in control of the park.

8.7.2 Pursuant to section 38-12-217(11), C.R.S., the landlord:

A. Shall not file the affidavit of compliance that provides evidence of compliance with section 38-12-217, C.R.S., before the home owners' opportunity to purchase terminates or expires pursuant to sections 38-12-217(1)(c) or (6)(a), C.R.S.; and

B. Shall file this affidavit of compliance on a Division-approved form within thirty (30) calendar days after the sale or transfer of the park is final.

8.8 Exemption Form - If a park sale or transfer qualifies for an exemption from the notice and opportunity to purchase requirements pursuant to sections 38-12-217(12) and (13), C.R.S., the landlord shall provide evidence of compliance by filing a Division-approved exemption form within thirty (30) calendar days after the closing date of the exempt sale or transfer with:

A. The municipality or, if the park is in an unincorporated area, the county, within which the park is located; and

B. The Division of Housing in the Department of Local Affairs.

8.9 Enforcement - The Division may impose a fine on the seller of a mobile home park pursuant section 38-12-217(15)(b)(I), C.R.S., or file a civil action for injunctive or other relief pursuant to section 38-12-217(15)(b)(II), C.R.S., where an action accrued or a complaint was filed prior to October 1, 2022.

8.10 Tolling and Assignment - A group or association of home owners or their assignees may exercise their rights under the following subsections of section 38-12-217, C.R.S., regardless of when the landlord provided notice of the landlord's intent to sell the mobile home park pursuant to section 38-12-217(1)(a), C.R.S. If a triggering event occurred requiring notice under section 38-12-217(1)(a)(II), C.R.S., but the landlord failed to provide notice as required by section 38-12-217(2)(a), C.R.S., a group or association of home owners or their assignees may also exercise their rights under the following subsections:

A. Tolling of the time periods described in subsections 38-12-217(4)(a) and (6)(b), C.R.S., pursuant to section 38-12-217(7)(b)(I), C.R.S.; and

B. Assignment of their rights to a public entity pursuant to section 38-12-217(8)(b) -(f), C.R.S.

8.11 Pending Complaints, Remedial Actions, or Penalties -

8.11.1 The duties of the landlord under section 38-12-1105.5, C.R.S., apply regardless of when the landlord provided notice of the landlord's intent to sell the mobile home park pursuant to section 38-12-217(1)(a), C.R.S.

8.12 Parks with No Home Owners -

8.12.1 If a landlord intends to sell a mobile home park in which there are no home owners as defined in section 38-12-201.5(2), C.R.S., and Rule 1.2 of these rules, the landlord must:

A. Provide notice of the landlord's intent to sell the park pursuant to section 38-12-217(2), C.R.S., to all non-home owner parties and by the methods described in section 38-12-217(2), C.R.S., and

B. File an affidavit of compliance pursuant to section 38-12-217(11), C.R.S., and Rule 8.7.2 of these rules.

8.12.2 The landlord of a mobile home park in which there are no home owners as defined in section 38-12-201.5(2), C.R.S., and Rule 1.2 of these rules, is not required to wait one hundred and twenty (120) days under sections 38-12-217(6), (9) or (10), C.R.S., before making a final, unconditional acceptance of any offer for the sale or transfer of the park.

8 CCR 1302-15-8

42 CR 23, December 10, 2019, effective 12/30/2019

43 CR 07, April 10, 2020, effective 4/30/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 21, November 10, 2021, effective 11/30/2021

45 CR 20, October 25, 2022, effective 10/1/2022

45 CR 21, November 10, 2022, effective 11/30/2022

47 CR 14, July 25, 2024, effective 6/17/2024, exp. 10/15/2024 (Emergency)

47 CR 18, September 25, 2024, effective 10/15/2024