8 Colo. Code Regs. § 1302-15-6

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 8 CCR 1302-15-6 - MANAGEMENT, LANDLORD, AND HOME OWNER RESPONSIBILITIES

Landlord Maintenance of the Premises

6.1 Trees - Notwithstanding the landlord's responsibility to maintain trees on the premises under section 38-12-212.3(2)(b)(IV), C.R.S., a home owner may enter a voluntary, written agreement with their landlord to take on the responsibility for simple trimming that does not affect the safety of park residents or their property of trees located on the lot they are renting from the park, so long as the home owner was not required to assume this responsibility as a condition of tenancy in the mobile home park in violation of section 38-12-212.3(3), C.R.S.

6.2 Fences - Fences located on the "premises" as defined in section 38-12-201.5(8), C.R.S., are presumed to be the responsibility of the landlord pursuant to section 38-12-212.3(2)(b), C.R.S., unless:

A. The home owner built the fence;

B. The current home owner bought the fence from the previous home owner; or

C. The home owner agreed in their rental agreement to take on the responsibility for maintaining and repairing the fence and paying the cost thereof in their rental agreement, so long as the home owner was not required to assume this responsibility as a condition of tenancy in the mobile home park in violation of section 38-12-212.3(3), C.R.S.

6.2A Snow Removal - Under section 38-12-212.3(2)(b)(II), C.R.S.:

6.2A.1 The landlord is not responsible for removing snow from driveways, parking pads, pedestrian sidewalks, or other pavements located on a rented mobile home space.

6.2A.2 If a rental agreement or park rule or regulation agreed to in writing by all home owners prohibits all home owners or residents from living in a mobile home park during a specific time period in the winter, the landlord is not responsible for snow removal during the specified time period.

6.2B Under section 38-12-212.3(2)(b)(III), C.R.S., the landlord is responsible for taking reasonably necessary steps to maintain both the integrity of the foundation of each mobile home's utility pedestal and each mobile home's pad space in order to prevent structural damage to the mobile home, except in circumstances where the need for such maintenance is caused by a resident's actions.

6.3 Incorporated Codes - Pursuant to section 38-12-212.3(2)(b)(I), C.R.S., the following health and safety laws applicable to mobile home parks are incorporated by reference:

A. 6 CCR 1010-12, Mobile Home Parks, effective January 1, 1975.

6.3.1 Interested parties may inspect the referenced incorporated materials by contacting the Division at MHPOP@state.co.us or 1313 Sherman Street, Denver, CO 80203.

6.3.2 These regulations do not include later amendments to or editions of the incorporated material.

6.3A Pursuant to sections 38-12-212.3(1)(a)(II) -(III), C.R.S., the landlord is responsible for any water lines, utility service lines, and related connections that the landlord owns and provides to a pad space, to a utility pedestal immediately adjacent to the pad space, and to a meter that is connected to the mobile home.

Compliance with Park Rules and Regulations

6.4 Mobile Home Sales and Transfers - If the management provides a written list pursuant to section 38-12-214 (2.5)(b), C.R.S., the written list shall include:

A. Any and all items the management knows, or reasonably should have known, would require correction at the time of sale or transfer of the mobile home;

B. A detailed description of each item; and

C. A citation to the specific park rule or regulation that applies to each item on the list. Any park rule or regulation cited must be reasonable and enforceable under section 38-12-214(1) -(4), C.R.S.

6.4A Rule Amendments - Under section 38-12-214(1)(e), C.R.S., if the management is amending one or more park rules and regulations without the written consent of the home owner, the landlord must make reasonable efforts to ensure the written notice of the amended rules remains posted in a common area for at least sixty (60) days. The landlord may, but is not required to, have the amended park rules and regulations posted in a common area for more than sixty (60) days.

6.4B Rules Concerning the Mobile Home, Accessory Buildings or Structures -

6.4B.1 The following park rules and regulations are presumptively unenforceable under sections 38-12-214(2)(b) -(c) and (e), C.R.S.:

A. Rules prohibiting window-mounted cooling devices, including air conditioning units, evaporative coolers, and window fans.

Charges to Home Owners

6.5 Limitations on Charges for Noncompliance -The following rules apply when the management intends to enter a mobile home space to ensure compliance with applicable codes, statutes, ordinances, and administrative rules; the rental agreement; or the rules and regulations of the park pursuant to section 38-12-222(2), C.R.S.

6.5.1 Before entering the mobile home space, the management shall first provide the home owner with a reasonable time to cure the alleged noncompliance and an estimate of the cost if the landlord cures the noncompliance instead (when an estimate is reasonably available and a charge would be permitted by the rental agreement).

6.5.2 If the home owner fails to cure or contest the noncompliance (ex. by communicating with the management or filing a complaint with the Program) within a reasonable amount of time, the management shall make a reasonable effort to notify the home owner of the management's intention to enter the mobile home space and cure the noncompliance at least seventy-two (72) hours before entry.

6.5.3 All of the following conditions must be met for the management to charge a home owner for the cost of ensuring compliance with applicable codes, statutes, ordinances, and administrative rules; the rental agreement; or the rules and regulations of the park:

A. The potential for a charge must be adequately disclosed in writing in the rental agreement pursuant to section 38-12-213(1)(f), C.R.S.;

B. The amount of the charge or the charge itself cannot be a prohibited "entry fee," as defined in section 38-12-201.5(1), C.R.S., and prohibited by section 38-12-209(1), C.R.S.; and

C. If the charge is for the cost of ensuring compliance with a rule or regulation of the park, the rule or regulation must be reasonable and enforceable under section 38-12-214(1) -(4), C.R.S.

6.6 Limitations on Pet Deposits -Pursuant to sections 38-12-102(6) and 38-12-103(1), C.R.S.:

6.6.1 The management or landlord cannot charge or collect a nonrefundable pet deposit from a home owner or prospective home owner.

6.6.2 The management or landlord may only charge or collect a refundable pet deposit from a home owner or prospective home owner, if the total combined amount of the security deposit and refundable pet deposit is no greater than one month's rent.

6.7 Pet Rent Definition - Pursuant to sections 38-12-201.5(1) and 38-12-209(1), C.R.S., any recurring charges to home owners with pets must either be part of the "rent," as defined in section 38-12-201.5(9), C.R.S., or fall under an exception to the prohibition on "entry fee[s]" under section 38-12-201.5(1)(c) or (e), C.R.S.

6.7.1 If the management or landlord charges or collects pet rent as part of a home owner's rent, instead of as an exception to the prohibition on entry fees:

A. The amount or application of pet rent must not be discriminatory nor retaliatory in nature; and

B. All statutes and rules applicable to rent, including, but not limited to sections 38-12-213(1)(a) (on rental agreements), 38-12-204(2) (on notice of rent increases), 38-12-204(3) (limiting the frequency of rent increases), and 38-12-204(4) (prohibiting rent increases or rent increase notices if a landlord is out of compliance), C.R.S., apply to pet rent as part of the tenant's total rent.

Landlord Notices to Residents

6.8 Lot Entry Notices -

6.8.1 Pursuant to section 38-12-222(3), C.R.S., the management will have delivered advance notice of lot entry "in a manner that is reasonably likely to be seen or heard by the resident in a timely manner" if the management provides notices to a resident by one of the methods below:

A. Text message, if the resident has a telephone number that can receive text messages;

B. Electronic mail, if the resident has provided the landlord with an email address;

C. A documented telephone call, if the management speaks to the resident or leaves a voicemail message for the resident;

D. A documented verbal conversation with resident; or

E. Posting a written notice on the main entrance to the resident's mobile home. Pursuant to section 38-12-222(3), C.R.S., the management does not need to provide the resident notice before posting a notice under this Rule 6.8.1(E) on the main entrance to the mobile home.

6.8.2 If a resident invites the management onto the resident's mobile home space on a certain date and approximate time, the management may enter that resident's space at the date and approximate time they were invited onto the space by the resident, without providing notice pursuant to section 38-12-222(3), C.R.S.

6.8.3 For purposes of meter reading for monthly water, sewer, or utility billing, notice will be sufficient under section 38-12-222(3), C.R.S., if it is provided to residents once every twelve (12) months, at least seventy-two (72) hours before meter reading takes place, and includes a date range and time range for meter reading, provided that:

A. The date range does not exceed five (5) calendar days; and

B. The time range does not exceed eight (8) hours on any calendar day.

6.8.4 If the management needs to enter a residents lot to complete a specific maintenance or repair project pursuant to sections 38-12-212.3(1) -(2), C.R.S., or Rules 6.1-6.3 of these rules, that will take more than one day to complete, notice will be sufficient under section 38-12-222(3), C.R.S., if the notice:

A. Is provided to the resident at least seventy-two (72) hours before the maintenance or repair project starts;

B. Includes a description of each stage of work that the management will be entering the resident's lot to perform; and

C. Includes a specific date range and time range for each stage of work.

6.8.5 The management is not required to provide more than one notice of lot entry to a resident for a specific maintenance or repair project pursuant to sections 38-12-212.3(1) -(2), C.R.S., or Rules 6.1-6.3 of these rules, as long as notice has been provided pursuant to section 38-12-222(3), C.R.S., and Rule 6.8.4 of these rules, and the maintenance or repair project is completed within the date range and time range described in the notice pursuant to Rule 6.8.4(C) of these rules. If the management needs to enter the resident's lot at a date or time that was not included in a notice pursuant to section 38-12-222(3), C.R.S., or Rule 6.8.4 of these rules, the management must provide a new notice to the resident pursuant section 38-12-222(3), C.R.S.

6.9 Water Service Disruption Notices - Pursuant to section sections 38-12-212.3 (1)(a)(III)(C) and (1)(c), C.R.S., the management must provide a water service disruption notice to each resident by at least one of the following methods:

A. Text message, if the resident has a telephone number that can receive text messages;

B. Electronic mail, if the resident has provided the landlord with an email address;

C. A documented telephone call, if the management speaks to the resident or leaves a voicemail message for the resident;

D. A documented verbal conversation with resident; or

Home Owner Meetings

6.10 Pursuant to section 38-12-206(2), C.R.S., a "fee" shall not include a fully refundable deposit made by a resident prior to the use of a common building or space in the park. This deposit shall be returned upon completion of the use of a common building or space in the park within thirty (30) calendar days. The deposit shall be returned with an accounting of deductions, if any. Pursuant to section 38-12-206(2), C.R.S., deductions shall be limited to the reasonable costs of cleaning or repairing actual damages beyond normal wear and tear that were caused by the resident or their guest(s).

6.11 The management, landlord, agent, employee, or authorized representative who attends a home owner or resident meeting requested pursuant to section 38-12-206(3), C.R.S., must be someone who has the authority to make decisions on behalf of the park owner. If the home owner or resident asked to meet with the landlord on a specific topic(s), the landlord shall make a reasonable effort to have someone attend the meeting who has decision-making authority on such topic(s).

6.12 To ensure a meeting hosted by the landlord under section 38-12-206(3), C.R.S., is accessible, the landlord must provide an option for residents to join the meeting remotely by phone or video call if requested by a home owner or resident at least seven (7) days before the scheduled meeting.

Water Service Disruptions

6.13 Under sections 38-12-212.3(1)(a)(III)(C) and (1)(b)(II), C.R.S., a "service disruption" includes, but is not limited to: a water shut off; loss of running water; or drop in water pressure below twenty (20) pounds per square inch, measured at the point of entry to the utility pedestal or pad space.

6.14 For purposes of section 38-12-212.3(1)(b)(II), C.R.S., a "service disruption" ends when the landlord has fixed the issue or issues that led to the service disruption, or in cases where a boil water advisory was issued, when the boil water advisory is lifted.

Running Water

6.15 Under section 38-12-212.3(1)(a)(III)(C), C.R.S., water pressure below 20 pounds per square inch measured at the point of entry to the utility pedestal or pad space is not a reasonable amount of running water.

6.16 If a rental agreement or park rule or regulation agreed to in writing by home owners prohibits all home owners or residents from living in a mobile home park during a specific time period in the winter, sections 38-12-212.3(1)(a)(III)(C) and (1)(b)(II), C.R.S., and Rules 6.13 and 6.14.1 of these rules do not apply during the specified time period.

Potable Water

6.17 As used in section 38-12-212.3(1)(b)(II), C.R.S., "all other essential hygiene" includes, but is not limited to, hand and face washing, brushing teeth, and washing clothes.

6.18 To comply with the requirements in section 38-12-212.3(1)(b)(II), C.R.S., the landlord is responsible for and shall pay the cost of providing:

A. Two (2) gallons of potable water for drinking and cooking for each member of the household, no later than twelve (12) hours after a service disruption begins, and two (2) additional gallons each day until the service disruption ends pursuant to Rule 6.14 of these rules; and

B. An additional eight (8) gallons of potable water for bathing and all other essential hygiene for each member of the household, no later than seventy-two (72) hours after a service disruption begins, and eight (8) additional gallons each day until the service disruption ends pursuant to Rule 6.14 of these rules.

i. A resident whose lot has been subject to a water service disruption for more than seventy-two (72) hours can request additional potable water for bathing and all other essential hygiene from the landlord, up to a maximum of twenty (20) total gallons, for each member of the household per day. If requested by such resident, under section 38-12-212.3(1)(b)(II), C.R.S., the landlord is responsible for and shall pay for the cost of providing the additional amount of potable water requested by the resident, up to a maximum of twenty (20) total gallons per day, no later than ninety-six (96) hours after a service disruption begins, and each day until the service disruption ends pursuant to Rule 6.14 of these rules. The maximum of twenty (20) total gallons includes the potable water provided under Rules 6.18(A)-(B) of these rules.

6.19 Under section 38-12-212.3(1)(d), C.R.S., a landlord is only required to provide potable water to the residents and home owners whose lots are subject to the boil water advisory.

6.20 Under section 38-12-212.3(1)(b)(II), C.R.S., "providing alternative sources of potable water" means delivering potable water to residents or otherwise providing potable water in a location or locations, at times, and in a manner that is reasonably accessible to residents.

Portable Toilets

6.21 Under section 38-12-212.3(1)(b)(II), C.R.S., "[m]aintaining portable toilets" means:

A. Providing one portable toilet for every five households affected by the water service disruption; and

B. Cleaning the portable toilets regularly.

6.22 A landlord is not required to provide portable toilets for residents or home owners whose lots are not affected by the water service disruption.

8 CCR 1302-15-6

42 CR 23, December 10, 2019, effective 12/30/2019

43 CR 07, April 10, 2020, effective 4/30/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 21, November 10, 2021, effective 11/30/2021

45 CR 20, October 25, 2022, effective 10/1/2022

45 CR 21, November 10, 2022, effective 11/30/2022

47 CR 14, July 25, 2024, effective 6/17/2024, exp. 10/15/2024 (Emergency)

47 CR 18, September 25, 2024, effective 10/15/2024