As used in this part 2 and in part 11 of this title 38, 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;
A security deposit to pay for actual damages to the premises or to secure rental payments;
Fees charged by any governmental agency of the state, a county, a town, or a city;(d) Utilities; and
(e) Incidental reasonable charges for services actually performed by the mobile home park owner or the home owner's agent and agreed to in writing by the home owner.
"Home owner" means any person or family of a person who owns a mobile homethat is subject to a tenancy in a mobile home park under a rental agreement.
"Management" or "landlord" means the owner or person responsible for operatingand 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.
"Management visit" means an entry by management on a mobile home lot.
"Mobile home" means:
A single-family dwelling that is built on a permanent chassis; is designed for longterm 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; or
A manufactured home, as defined in section 38-29-102 (6), if the manufactured homeis situated in a mobile home park.
"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.
"Mobile home space", "space", "mobile home lot", or "lot" means a parcel of landwithin 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.
"Premises" means a mobile home park and existing facilities and appurtenances ofthe 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.
"Rent" means any money or other consideration to be paid to the management for theright of use, possession, and occupation of the premises.
"Rental agreement" means an agreement, written or implied by law, between themanagement 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.
"Resident" means an individual who resides in a mobile home that is located in amobile home park, regardless of whether the individual is the home owner.
"Retaliatory action" includes:
Increasing rent or decreasing services in a selective or excessive manner, or in anonuniform manner to the extent that the nonuniform increase or decrease is unrelated to a legitimate business purpose;
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;
Issuing warnings, citations, or fines that are not lawful;
Serving notices or threatening eviction when the notices or threats are not reasonablyjustified;
Billing a home owner in a selective or excessive manner, or in a nonuniform mannerto 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;
Creating or modifying rules and regulations of the park that are not reasonably relatedto a legitimate purpose;
Selectively enforcing rules or requirements of the park;
Conducting management visits that are selective, nonuniform, or excessive; exceptthat 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;
Altering or refusing to renew an existing rental agreement;
Surveilling a home owner who submits an oral or written complaint about a mobilehome 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
Reporting or publicizing damaging information about a home owner who submits anoral 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:
Locate, maintain, and occupy a mobile home, including accessory structures for human habitation, on a space within a park;
Make improvements to the space; and
Use the services and facilities of the park.
Source: 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. 343, p. 1584, § 2, effective July 1. L. 2019: IP amended, (HB 19-1309), ch. 281, p. 2629, § 5, effective May 23. L. 2020: Entire section R&RE, (HB 20-1196), ch. 195, p. 910, § 1, effective June 30.
Cross references: For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019.