Post Notices of Intent to Sell

Exempt Park Sales

A landlord isn’t required to provide advance notice of their intent to sell a park or extend an opportunity to purchase to home owners if the sale or transfer of the mobile home park is to certain related family members or business entities. See section 38-12-217(12), Colorado Revised Statutes (C.R.S) for details. Learn more about reporting this type of park sale or transfer.

Know the Law

Be sure that you follow statutes throughout the sale process. Address any home owner complaints through the tolling and investigation phases. It is important to operate within the legal framework established to protect all parties involved in the sale of a mobile home park. This comprehensive approach is designed to ensure fair and transparent transactions. It is designed to safeguard the rights and interests of home owners and park owners alike.

When to Post: Triggering Events

State statute requires a landlord to notify residents, resident associations, the local government, and the Division of Housing every time they take an action that indicates an intent to sell a mobile home park.

A landlord generally needs to provide a written notice within 14 calendar days of each triggering event that demonstrates an intent to sell the park.

Under Colorado law, these events include any time the landlord:

• Signs a contract with a real estate broker or brokerage firm to list the park for sale or to sell or transfer the park
• Signs a letter of intent, option to sell or buy, or other conditional written agreement with a potential buyer for the sale or transfer of the park that includes the estimated price, terms, and conditions of the proposed sale or transfer (even if they might change)
• Signs a contract with a potential buyer's real estate broker or brokerage firm related to the potential sale or transfer of the park
• Accepts a promissory note or deposit from a potential buyer for the sale or transfer of the park
• Responds to a potential buyer's due diligence request for the park
• Provides a signed property disclosure form for the park to a potential buyer
• Lists the park for sale
• Makes a conditional acceptance of an offer for the sale or transfer of the park
• Takes any other action demonstrating an intent to sell the park

See section 38-12-217(1)(a)(II), C.R.S.

It’s likely a landlord will have to post a notice of intent to sell more than once during the sale process. This includes situations when the price, terms, and conditions aren’t final.

No Extensions

Landlords must provide notice of the intent to sell the park within 14 days of a triggering event. The division doesn’t have the authority to exempt sellers from requirements in state law, including this 14-day notice deadline. See section 38-12-217(1)(a)(I), C.R.S.

What to Post: Information to Include

The sale notice must be in both English and Spanish. See section 38-12-217(2), C.R.S.

The division doesn’t have a template for notices of intent to sell, but here is a list of all the information a landlord should include:

• Notice of home owners’ rights and remedies under section 38-12-217(3), C.R.S. in English and Spanish, a requirement that can be met by including a full copy of section 38-12-217, C.R.S., in English (also available by emailing MHPOP@state.co.us) and Spanish with the notice
• Description of the property, such as the legal description from the county assessor’s website. See section 38-12-217(3),  C.R.S.
• Price, terms, and conditions — final or not — for:
  • An acceptable offer the landlord has received
  • Which the landlord intends to sell the park 
  • A request to keep the sale confidential, if applicable. See section 38-12-217(3),  C.R.S.
• Any money 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. See 8 CCR 1302-15 Rule 8.3(A).
• For sales that include more than one mobile home park or piece of real estate, include the:
  • Name and property description of all mobile home parks or real estate included in the proposed sale
  • Total price, terms, and conditions of an acceptable offer to sell all the mobile home parks and properties that are in Colorado. See 8 CCR 1302-15 Rule 8.3(D)(i-iii)
• Any other terms or conditions which, if not met, would be sufficient grounds, in the landlord's discretion, to reject an offer from a group of home owners or their assignee

The price, terms, and conditions stated in the notice must be universal and applicable to all potential buyers and must not be prohibitive for a group or association of home owners or their assignee to make a successful offer to purchase the park. See section 38-12-217(3), C.R.S.

This information is required whether:

• The seller has signed, or intends to sign within the next 90 days, a conditional contract for the sale of the park with a potential buyer. See 8 CCR 1302-15 Rule 8.3(B)
• The proposed sale includes more than one mobile home park or piece of real estate. See 8 CCR 1302-15 Rule 8.3(C).

Landlords are required to include all the same information in all the notices, whether the notices are going to home owners, the division, or local government. This includes the price, terms and conditions. However, landlords may request that all recipients keep the information confidential. See section 38-12-217(3), C.R.S. 

Where to Post and How to Deliver

State law requires the seller to deliver and post the sale notice using the specific methods listed below.

Certified Mail

The landlord must provide the sale notice by certified mail to:

• Each home owner
• Each residents’ association or similar group that represents the park residents
• The municipality or county where the park is located
• The division at: Colorado Division of Housing
  Attention: Mobile Home Park Sales
  1313 Sherman St #320
  Denver, CO 80203

A seller may, but is not required to, send an additional copy of the sale notice to the division by email to MHPOP@state.co.us.

Choosing Between the Municipality or County

You only need to send one notice. Whether this is the town or county likely depends on whether the park is within an incorporated area. If you’re unsure, contact the municipality or county to see which office would like to receive the notice. If you don’t get a response, we recommend sending the notice to the town or county clerk and recorder.

See section 38-12-217(2)(a)(I)-(IV), C.R.S.

Hard Copies and Emails

Landlords must post hard copies:

• For each home owner on the home or at a main point of entry to the lot. See section 38-12-217(2)(a)(I), C.R.S.
• In both English and Spanish in a common area, where it should remain posted for at least 120 days or until the opportunity to purchase has expired. See section 38-12-217(2)(b)(II)(A), C.R.S.

Landlords must also send emails, in both English and Spanish, to each resident who has an email address on file. See section 38-12-217(2)(b)(I), C.R.S.

A landlord may also hand deliver an additional copy of the sale notice to residents, but this is not required.