(1) The management shall adopt written rules and regulations concerning home owners' use and occupancy of the premises. Except as otherwise provided in this section, such rules and regulations are enforceable against a home owner only if:
Their purpose is to promote the safety or welfare of the home owners, protect andpreserve the premises from abuse, or make a fair distribution of services and facilities held out for the home owners generally;
They are reasonably related to a legitimate purpose, for which they are adopted;
They are not arbitrary, capricious, unreasonable, retaliatory, or discriminatory in nature;
They are sufficiently explicit in prohibition, direction, or limitation of each homeowner's conduct to fairly inform each home owner of what the home owner must do or not do to comply; and
They are established in the rental agreement at the inception of the tenancy, amendedsubsequently with the consent of the home owner, or, except as described in subsection (2) of this section, amended subsequently without the consent of the home owner after the management has provided written notice of the amendments to the home owner at least sixty days before the amendments become effective, and, if applicable, enforced in compliance with subsection (3) of this section.
When a mobile home is owned by a person other than the owner of the mobile homepark in which the mobile home is located, the mobile home is a separate unit of ownership, and rules and regulations that impose restrictions or requirements on that separate unit that are adopted after the home owner signs the rental agreement and without the consent of the home owner are presumed unreasonable. Nothing in this subsection (2) prohibits the management from requiring compliance with park rules and regulations at the time of sale or transfer to a new owner; except that, as used in this subsection (2), "transfer" does not include a transfer of ownership pursuant to death or divorce or a transfer of ownership to a new co-owner pursuant to marriage.
(a) If the management provides each home owner written notice of the management's intent to add or amend any written rule or regulation as described in subsection (1)(e) of this section, a home owner may file a complaint challenging the rule, regulation, or amendment pursuant to section 38-12-1105 within sixty days after receiving the notice. If a home owner files such a complaint, and the new or amended rule or regulation will increase a cost to the home owner in an amount that equals or exceeds ten percent of the home owner's monthly rent obligation under the rental agreement, the management shall not enforce the rule, regulation, or amendment unless and until the parties reach an agreement concerning the rule, regulation, or amendment or the dispute resolution process concludes and the division of housing within the department of local affairs issues a written determination, pursuant to section 38-12-1105 (4), that the rule, regulation, or amendment does not constitute a violation of this part 2 and may be enforced. Notwithstanding any provision of part 11 of this article 12 to the contrary, as part of the complaint process described in section 38-12-1105, the management has the burden of establishing that the rule, regulation, or amendment satisfies the requirements described in subsection (1) of this section.
(b) Nothing in this section precludes a home owner from filing a complaint, pursuant to section 38-12-1105, concerning a rule or regulation at any time after the rule or regulation takes effect.
(4) Rules and regulations that concern recreational facilities may be amended at the reasonable discretion of the management.
Source: L. 81: Entire section added, p. 1816, § 9, effective June 9. L. 87: IP(1), (1)(a), and (1)(d) amended, p. 1315, § 13, effective May 8. L. 92: (1)(c) amended, p. 1128, § 13, effective July 1. L. 2020: Entire section amended, (HB 20-1196), ch. 195, p. 924, § 13, effective June 30.