Section 38-12-201.5 - DefinitionsAs used in this part 2 and in parts 11 and 14 of this article 12, unless the context otherwise requires:
(1) "Division" means the division of housing in the department of local affairs.(1.5) "Entry fee" means any fee paid to or received from an owner of a mobile home park or an agent thereof except for: (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;(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;(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. "Home owner" includes a resident who is under a rent-to-own contract pursuant to part 14 of this article 12 that has not been terminated.(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 accommodation of five or more mobile homes for which the management or landlord has a rental agreement with a tenant for a mobile home or lot or is receiving rent payments for a mobile home or lot from a tenant or a third party. "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.Amended by 2024 Ch. 399,§ 1, eff. 6/4/2024.Amended by 2023 Ch. 303,§ 84, eff. 8/7/2023.Amended by 2023 Ch. 376,§ 6, eff. 6/5/2023.Amended by 2022 Ch. 255, § 3, eff. 10/1/2022.Amended by 2022 Ch. 172, § 33, eff. 8/10/2022.Amended by 2021 Ch. 349, § 9, eff. 10/1/2021.Amended by 2021 Ch. 423, § 36, eff. 7/2/2021.Amended by 2020 Ch. 195, § 1, eff. 6/30/2020.Amended by 2019 Ch. 281, § 5, eff. 5/23/2019.L. 81: Entire section added, p. 1813, § 2, effective June 9. L. 87: (1) R&RE, (1.5) added, (5), (7), and (9) amended, and (8) repealed, pp. 1310, 1315, §§ 2, 1, 15, effective May 8. L. 2010: (2) amended, (SB 10-156), ch. 1584, p. 1584, § 2, effective July 1. L. 2019: IP amended, (HB 19-1309), ch. 2629, p. 2629, § 5, effective May 23. L. 2020: Entire section R&RE, (HB 20-1196), ch. 910, p. 910, § 1, effective June 30. L. 2021: (1)(e) amended, (SB 21-266), ch. 2805, p. 2805, § 36, effective July 2; IP, (1)(d), and (1)(e) amended and (1)(f) and (2.5) added, (SB 21-173), ch. 2267, p. 2267, § 9, effective October 1.Amendments to subsection (1)(e) by SB 21-173 and SB 21-266 were harmonized.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2022 Ch. 255, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2022 Ch. 172, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019.