8 Colo. Code Regs. § 1302-15-2
Current through Register Vol. 47, No. 20, October 25, 2024
Rule 8 CCR 1302-15-2 - REGISTRATION REQUIREMENTS2.1 Initial Registration - for new mobile home parks must occur within three (3) months of the availability of five (5) or more mobile home lots for rent within a new park. 2.1.1 The "management" or "landlord," as defined in section 38-12-201.5(3), C.R.S., who is designated as the primary contact for the mobile home park must file a registration form including full payment on behalf of the park with the Division. 2.2 Required Information - as part of the registration process, a mobile home park must provide the following information in addition to the information required under section 38-12-1106(7), C.R.S.: A. The physical address, phone number, and website address (if any) of the mobile home park (park);B. The phone number and email address (if any) of the legal owner of the park; C. If the legal owner of the park is a domestic or foreign limited liability company (LLC), the first and last name of an agent for the LLC and the agent's phone number and email address (if any);D. The first and last name, mailing address, phone number, and email address (if any) of the manager of the park;E. If the park is managed by a business entity, the business entity's name, the first and last name of an agent for the business entity, and the agent's mailing address, phone number, and email address (if any);F. Identify which individual or business - the park owner or management - is designated as the primary contact for the mobile home park;G. A list of all mobile homes in the park that identifies which mobile homes or mobile home lots the landlord has a rental agreement or is receiving rent payments for on behalf of a tenant. Identify which of these homes are owned by a tenant and which homes are owned by the landlord. Pursuant to Rule 1.2 of these rules, the landlord must identify homes for which the resident has a rent-to-own or similar agreement as being owned by a tenant.;K. If the park is managed by a business entity, the name of any entity that exercises financial or management control of the business entity that manages the park;L. If an entity exercises financial or management control of the domestic or foreign limited liability company (LLC) that owns the park, the first and last name of an agent for the entity, and the agent's mailing address, phone number, and email address (if any);M. If an entity exercises financial or management control of the business entity that manages the park, the first and last name of an agent for the entity, and the agent's mailing address, phone number, and email address (if any);N. If the park does business under any other name(s), the "Doing Business As (DBA)" name(s) and the Secretary of State Identification Number(s) for that DBA(s) (if any); andO. The signature of a landlord, as defined in section 38-12-201.5(3), C.R.S., filing for registration or registration renewal for the mobile home park pursuant to section 38-12-1106(4), C.R.S.2.3 Complete, Accurate, and Truthful Information Required - initial registration and registration renewal forms filed pursuant to section 38-12-1106(4), C.R.S., and Rules 2.1, 2.2, and 2.5 of these rules must be complete, accurate, and truthful and include all attachments and supplementation information. Pursuant to section 38-12-1106(7), C.R.S., the Division may not accept incomplete forms.2.4 Registration Delinquency Fee - landlords who do not submit complete, accurate, and truthful information on their initial registration or registration renewal forms may be subject to a registration delinquency fee pursuant to section 38-12-1106(9), C.R.S., and Rule 4.2 of these rules. 2.5 Expiration Date - will be one year from the first day of the following month after the registration issue date as determined by Division staff, i.e. February 1, 2021 if the issue date is in January of 2020, and must be renewed by that date if still operating as a mobile home park. 2.6 If any of the provided information required by sections 38-12-1106(7)(a), (a.5)(I)-(III), or (b), C.R.S., or Rules 2.2(A)-(F) of these rules changes between the time of initial registration and renewal, or between registration renewals, the management or landlord is required to notify the Division within thirty (30) calendar days of the change to ensure timely delivery of Program communications.2.7 Fee - Pursuant to section 38-12-1106(8), C.R.S., for the 2021 calendar year and each calendar year thereafter, an annual registration fee of $24.00 must be paid by the mobile home park for each mobile home independently owned by a tenant home owner on rented land within the park, unless and until such registration fee is adjusted by the Division through a public rulemaking process. 2.7.1 Pursuant to section 38-12-1106(8), C.R.S., the management or landlord may charge a home owner not more than half of the registration fee annually. If the management or landlord attempts to recoup up to 50 percent of this fee from the home owner, the management or landlord must:A. Notify the home owner in writing at least 60 calendar days before the management or landlord expects the home owner to pay the additional fee, or a longer time period if required by the home owner's lease; andB. Do so in a clear and consistent manner within one (1) year of paying the registration fee to the Division.2.8 Mobile Home Address List - A landlord must submit the registration information required under sections 38-12-1106(7)(e) -(f) and 38-12-1401(4), C.R.S., and Rule 2.2(G) of these rules on a form prescribed by the Division.42 CR 23, December 10, 2019, effective 12/30/201943 CR 07, April 10, 2020, effective 4/30/202043 CR 21, November 10, 2020, effective 11/30/202044 CR 21, November 10, 2021, effective 11/30/202145 CR 20, October 25, 2022, effective 10/1/202245 CR 21, November 10, 2022, effective 11/30/202247 CR 14, July 25, 2024, effective 6/17/2024, exp. 10/15/2024 (Emergency)47 CR 18, September 25, 2024, effective 10/15/2024