Mobile Home Park Sales and Home Owners’ Opportunity to Purchase

#FFFFFF

The information below is being provided for educational purposes only.

This information is not, and is not intended to be, legal advice.

 

If you are thinking about selling a mobile home park, you are strongly encouraged to read all of  Colorado Revised Statutes (C.R.S.) Section 38-12-217 and 8 Colorado Code of Regulations (CCR) 1302-15 Rule 8, and speak with an outside attorney as needed, to make sure you understand your rights and responsibilities under Colorado law.
 
In 2020, the Colorado General Assembly passed House Bill (HB) 20-1201: Mobile Home Park Residents Opportunity To Purchase. HB20-1201, effective June 30, 2020, requires someone selling the land that comprises a mobile home park to:

  • Provide advance notice of the sale to home owners renting lot space in the park;
  • Give a group or association of home owners the opportunity to make a offer to buy the park; and
  • Consider any purchase offer from a group of home owners or their assignees in good faith.

In 2022, the Colorado General Assembly amended this law through HB22-1287: Protections For Mobile Home Park Residents, effective October 1, 2022. Among other changes, HB22-1287:

  • Increases the time a group of home owners has to submit an offer to buy the park to 120 days after the seller provides notice of the potential sale.
  • Prohibits a seller from asking for a home owner’s intention or signed writing related to the opportunity to purchase (OTP), and potentially terminating the OTP period, for the initial 90 days after giving notice.
  • Requires sellers to provide sale notices to residents in English and Spanish.
  • Defines, in part, what a seller needs to do to negotiate in good faith with home owners.
  • Entitles a group of home owners or their assignees to “tolling” of (pausing the countdown clock on) the 120-day periods to make an offer to buy or close on the purchase of the park, for certain reasons listed in the statute.
  • Allows a group representing more than 50% of home owners to assign their OTP to a public entity.  If properly assigned, the public entity has a right of first refusal (ROFR) to buy the park for the purpose of preserving it as long-term affordable housing.
  • Empowers the Division of Housing (Division) to file a civil action for injunctive or other relief, or impose a fine on the seller of a mobile home park up to and including 30% of the sale or listing price of the park, for violations of section 38-12-217.

Complete copies of the mobile home park sale and home owner opportunity to purchase law are linked below.

Complete copies of the Division’s administrative rules, which include Rule 8 on Park Sales and Home Owner Opportunity to Purchase, are also linked below.

 


Required Forms & Optional Templates

Notice of Intent to Sell

The Division does not have a template for landlords to use to provide the intent to sell notice at this time. Copies of the mobile home park sale and home owner opportunity to purchase law, which must be provided with each sale notice, are linked below, in both English and Spanish.

Home Owner Signature Form

Effective October 1, 2022, sellers who want to ask for signed writings from resident home owners accepting or declining the opportunity to purchase the park must use the Division of Housing’s forms to do so. For copies of the required forms, contact the Mobile Home Park Oversight Program (MHPOP) at MHPOP@state.co.us (preferred) or 1-833-924-1147 (toll free).

Affidavit Form

After a sale is complete, the seller must file an affidavit demonstrating compliance with section 38-12-217, C.R.S.  The affidavit:

  • Cannot be filed before the home owners’ opportunity to purchase terminates or expires pursuant to sections 38-12-217(1)(c) or (6)(a), C.R.S.
  • Must be filed on a Division-approved form.
  • Must be filed within 30 calendar days after the sale or transfer of the park is final.
  • Must be filed with the Division of Housing and the municipality or, if the park is in an unincorporated area, the county, within which the park is located.

For copies of the required affidavit form, contact the Mobile Home Park Oversight Program (MHPOP) at MHPOP@state.co.us (preferred) or 1-833-924-1147 (toll free).

Exempt Sales/Transfer Form

A landlord is not 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 if the mobile home park is to certain related family members or business entities described in section 38-12-217(12), C.R.S.

However, all landlords are required to update the park’s ownership and contact information for registration with the Division within 30 calendar days of the sale pursuant to 8 CCR 1302-15, Rule 2.6.  To report an exempt park sale or transfer, download and complete the Information Form for EXEMPT Mobile Home Park Sales/Transfers and return it to the Division by:

Mobile Home Park Oversight Program
ATTN: MHP Sale
Colorado Division of Housing
1313 Sherman St. #320
Denver, CO 80203

 


List of Mobile Home Parks for Sale

Click here to view the spreadsheet of potential and ongoing sales.
 

List of Mobile Home Parks Sold Since 6/30/2020

Click here to view the spreadsheet of completed sales.

 


#FFFFFF

 Need to contact the Mobile Home Park Oversight Program?

 

Additional Resources

Legal and Rent Assistance Resources for Tenants

"Know Your Rights" information or advocacy to change the law:

Home owners and tenants:

Landlords:

The Division of Housing is unable to provide translation services for mobile home park leases or community rules. Visit the following links to find legal clinics that provide free or low-cost legal services in Spanish or other languages and may be able to help with translation and review of leases: