Colo. Rev. Stat. § 38-12-1106

Current through Chapter 123 of the 2024 Legislative Session
Section 38-12-1106 - Registration of mobile home parks - process - fees
(1) The division shall register all mobile home parks on an individual basis and renew this registration annually.
(2) The division shall send registration notifications and information packets to all known landlords of unregistered mobile home parks. These information packets must include:
(a) Registration forms that satisfy all of the requirements of subsection (7) of this section;
(b) Information about the different methods of registration;
(c) Information about the single, statewide toll-free telephone number described in subsection (11) of this section;
(d) Registration assessment information, including registration due dates and late fees, and the collections procedures, liens, and charging costs to home owners or residents; and
(e) A description of the protections afforded home owners and residents under section 38-12-1105 (13).
(3) The division shall annually send registration renewal notifications and information packets to all registered mobile home parks.
(4) A landlord must file for registration or registration renewal by submitting to the division, either through the division's website, by mail, or in person, a registration or registration renewal form provided by the division and pay a registration fee as described in subsection (8) of this section.
(5) A landlord must notify the division within thirty days of a change in the ownership of the landlord's mobile home park so that the division may update the mobile home park's registration information.
(6) The division shall make available on the division's website electronic forms to register a mobile home park. These forms must be available in both English and Spanish and satisfy all of the requirements of subsection (7) of this section.
(7) The registration forms provided by the division must require information necessary to assist the division in identifying and locating a mobile home park and other information that may be useful to the state. A registration is not complete unless the landlord includes all of the information required by the forms provided by the division. The forms must require, at a minimum:
(a) The name and address of the landlord;
(a.5)
(I) The name and mailing address of the legal owner of the mobile home park as recorded in the property records of the county assessor for the property and a copy of the property record, property report, or similar supporting documentation from the county assessor's website.
(II) If the legal owner of the mobile home park listed pursuant to subsection (7)(a.5)(I) of this section is a domestic limited liability company, the landlord shall include the domestic entity name of the limited liability company and the principal office mailing address on file with the secretary of state, a copy of the certificate of good standing for the limited liability company, and the name of any entity that exercises financial or management control of the limited liability company.
(III) If the legal owner of the mobile home park listed pursuant to subsection (7)(a.5)(I) of this section is a foreign limited liability company, the landlord shall include the entity's true name and assumed entity name, if any, and the principal office mailing address of its principal office as shown on the statement of foreign entity authority filed with the secretary of state, a copy of the certificate of good standing for the foreign limited liability company, and the name of any entity that exercises financial or management control of the limited liability company.
(b) The name and address of the mobile home park;
(c) The number of lots within the mobile home park;
(d) The number of mobile homes within the mobile home park;
(e) The physical address of each mobile home within the mobile home park and the mailing address of the home owner, if the landlord has a different mailing address on file for the home owner;
(f) The date and amount of the most recent rent increase for each mobile home lot and each mobile home in the park;
(g) A description of the mobile home park's water source, including the type of water source; and
(h) The method for charging residents for water and sewer, whether water and sewer charges are included in rent, submetered, or collected by other collection means.
(8) The division shall establish by rule a fee that each landlord shall pay to the division as an annual registration fee for each mobile home independently owned on rented land within the landlord's mobile home park. On and after July 1, 2024, the division may adjust the fee to cover the costs associated with complaints filed pursuant to section 38-12-1103 (2)(b), and may by rule authorize landlords to charge a resident, as defined in section 38-12-201.5 (11), a portion of the fee. A landlord must not charge a home owner or resident more than half of the fee. The registration fee for each mobile home must be deposited into the fund. The division shall review the annual registration fee and, if necessary, adjust the annual registration fee through rule-making to ensure it continues to reasonably relate to the cost of administering the program.
(9) Initial registrations of mobile home parks must be filed before February 1, 2020, and after that date within three months of the availability of mobile home lots for rent within a new park. A landlord who was sent an initial registration form and who missed the deadline for registration is subject to a delinquency fee of up to five thousand dollars. Landlords who receive registration renewal notifications and do not renew their registration by the expiration date as assigned by the division are also subject to a delinquency fee of up to five thousand dollars.
(10) Registration is effective on the date determined by the division, and the division must issue a registration number to each registered mobile home park. The division must provide an expiration date, assigned by the division, to each registered mobile home park.
(11) The division shall establish a system, including but not limited to a single, statewide toll-free telephone number, for responding directly to inquiries about the registration process.

C.R.S. § 38-12-1106

Amended by 2023 Ch. 376,§ 11, eff. 6/5/2023.
Amended by 2022 Ch. 255, § 25, eff. 10/1/2022.
Added by 2019 Ch. 281, § 9, eff. 5/23/2019.
L. 2019: Entire part added, (HB 19-1309), ch. 2636, p. 2636, § 9, effective May 23.
2022 Ch. 255, was passed without a safety clause. See Colo. Const. art. V, § 1(3).