24, eff. During this 15-day period the prospective homeowner shall comply with the managements request, if any, for a personal interview. 1185; amended 1982 chs. CIV 798.31. (b) A petition for an order enjoining a continuing or recurring violation of any reasonable rule or regulation of a mobilehome park may be filed by the management thereof with the superior court for the county in which the mobilehome park is located. 493, 1980 ch. (a) In any new mobilehome park that is developed after January 1, 1982, mobilehome spaces shall not be rented for the accommodation of recreational vehicles as defined by Section 799.29 unless the mobilehome park has a specifically designated area within the park for recreational vehicles, which is separate and apart from the area designated for mobilehomes. 137, 1981 ch. Park is a manufactured housing community as defined in Section 18801 of the Health and Safety Code, or a mobilehome park. 505; amended 1982 ch. (d) Master-meter park as used in this section means master-meter customer as used in Section 739.5 of the Public Utilities Code. (d) Within 15 days of filing the petition for an injunction, a hearing shall be held thereon. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except the lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome. 380 as 798.41; renumbered 798.43 per 1991 ch. [Added 1978 ch. [Editors Note: Form not available in electronic format.] [Added 1985 ch. Defaulting tenant means a tenant who fails to pay for his or her occupancy in a park or fails to comply with reasonable written rules and regulations of the park given to the person upon registration or during the term of his or her occupancy in the park. CIV 799.25. Termination or Refusal to Renew for Other Than Nonpayment of Rent They are contained in the Recreational Vehicle Occupancy Law, Civil Code 799.20 et seq. Attorney Generals Office As used in this article: 128, 1990 ch. CIV 799.57. $500 Award for Violation by Management New Construction (b) In the event that the heir, joint tenant, or personal representative of the estate does not satisfy the requirements of subdivision (a) with respect to the satisfaction of the homeowners responsibilities and liabilities to the management which accrue pursuant to the rental agreement in effect at the time of the death of the homeowner, the management shall have the right to require the removal of the mobilehome from the park. Park (mobile) homes: Settling disputes - GOV.UK You're all set! 317; amended 1996 ch. You already receive all suggested Justia Opinion Summary Newsletters. (b) Standards for maintenance of physical improvements in the park. Mobile Home Park Act Updates | Colorado General Assembly Engaging in public rulemaking to clarify the law. Emergency, for purposes of this section, means the interruption of utility service resulting from an accident or act of nature, or cessation of service caused by other than the managements regular or planned maintenance, repair, or replacement of utility facilities. At the entry to a recreational vehicle park, or within the separate designated section for recreational vehicles within a mobilehome park, there shall be displayed in plain view on the property a sign indicating that the recreational vehicle may be removed from the premises for the reasons specified in Sections 799.22 and 1866 and containing the telephone number of the local traffic law enforcement agency. Intent Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid. Tenant means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive days. (c) The amount of the fee, assessment or other charges authorized by subdivision (a) shall be separately stated on any billing to the homeowner. CIV 798.6. As used in this paragraph, affiliate means any shareholder of the transferring corporation, any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation, or any other corporation or entity controlled, directly or indirectly, by any shareholder of the transferring corporation. Circumstances Where Management May Require Removal of Mobilehome from Park 1031 and 1033; amended 1979 ch. (4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period. [Added 1978 ch. Registration Agreement If you are approved for tenancy, and your tenancy commences within the next 30 days, your beginning monthly rent will be $____ (must be completed by the management) for space number ____ (must be completed by the management). (3) The Attorney General. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent. 1153; amended 1988 ch. 72.] CIV 798.29. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. of [Editors Note: Per subdivision (c), this section shall become operative on October 1, 2004.] 1397, 1983 ch. 198, 1983 ch. RULES AND REGULATIONS (2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. Use thePark Searchtool to look up registration information for, and any complaints involving, mobile home parks and manufactured housing communities in Colorado. [Added 1986 ch. (b) The management shall not charge a prospective homeowner or his or her agent, upon purchase of a mobilehome, a fee as a condition of approval for residency in a park unless the management performs a specific service in the sale. 667; 2004 ch. Meeting and Notice of Amendment to Rules or Regulations; New Fees in Violation Hereof are Void CIV 798.43.1. 1277, 1996 ch. You can form a homeowner association to bargain with the park owners over park rules. (1) The "Mobile Home Park Act Dispute Resolution and Enforcement Program" is hereby created. We want to help. Source: L. 2019: Entire part added, (HB 19-1309), ch. 157.] CIV 798.24. After the uncommitted reserves of the fund are sufficiently reduced, the division, by rule or as otherwise provided by law, may increase the amount of the fees imposed under this part 11 as provided in section 24-75-402 (4). Registration of Mobile Home Parks - Process - Fees 38-12-1107. 310; Amended 2004 ch. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. San Francisco, CA 94102. The Mobile Home Park Oversight Program accepts complaints from: After you submit a complaint online or by mail, the Program will send you an email or letter to let you know we have received your complaint. CIV 799.23. 519, 1987 ch. Long-term leases specify rent increases during the term of the lease. Application of this Article with Regard to Residents Rights If you rent a mobile home from the landlord, you are not eligible to make a complaint through the Program, but you do have rights and responsibilities under Colorados landlord/tenant laws. 95, 1998 ch. [Added 1978 ch. [Added 1978 ch. The size of the face of a political sign may not exceed six square feet, and the sign may not be displayed in excess of a period of time from 90 days prior to an election to 15 days following the election, unless a local ordinance within the jurisdiction where the mobilehome park is located imposes a more restrictive period of time for the display of such a sign. 502; renumbered 1982 ch. 666, 1998 ch. (b) With respect to trees in the common areas of a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof. (b) The substantial violation of a mobilehome park rule shall be deemed a public nuisance. Upon receipt of this payment and removal of the mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure. Fees Rental Agreement 323, 1989 ch. (c) No rental agreement for a term of 12 months or less shall include any provision which authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement beyond the initial term for a term longer than 12 months at the sole option of either the management or the homeowner. (a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency. CIV 798.81. CIV 798.76. [Added 1978 ch. However, in the event of a sale to a third party, in order to upgrade the quality of the park, the management may require that a mobilehome be removed from the park where: 329.] (e) Subdivision (a) does not apply to any of the following: Attorneys Fees and Costs Form Action Under Section 798.84 [Added 1989 ch. Defaulting Tenant These materials must be in both English and Spanish and must include a notice in a format that a landlord can reasonably post in a mobile home park. 1146; amended 1993 ch. (f) A provision listing those services which will be provided at the time the rental agreement is executed and will continue to be offered for the term of tenancy and the fees, if any, to be charged for those services. CIV 799.58. 666.] 392; Amended 2003 ch. (a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of a reasonable rule or regulation of a mobilehome park may be enjoined from the violation as provided in this section. In the event that an occupant, tenant, or resident or a former occupant, tenant, or resident is the prevailing party in a civil action against the management to enforce his or her rights under this chapter, the occupant, tenant, or resident, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each willful violation of any provision of this chapter by the management. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. (g) Within 30 days of the date of the sale, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to subdivision (e). If your community has received a complaint from the Department of Local Affairs (DOLA) Mobile Home Park Oversight Program's Resolution & Enforcement Program, we know how to handle these complaints. (b) If a change occurs concerning the zoning or use permit under which the park operates or a lease in which the management is a lessee, all homeowners shall be given written notice within 30 days of that change. 310. CIV 798.1. Rights Created by Chapter Cumulative 151.] LIENS FOR RECREATIONAL VEHICLES AND ABANDONED The act clarifies provisions relating to notices that the management of a mobile home park (management) is required to provide to a home owner in the mobile home park (home owner) when management intends to terminate the home owner's tenancy in the mobile home park (park). (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15,1992. [Added 1992 ch. A prospective sublessee shall comply with any rule or regulation limiting residency based on age requirements, pursuant to Section 798.76. PDF REQUEST FOR RESOLUTION FORM - mveahoa.com (b) Resident means a person who maintains a residence in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park. Mobile home park act dispute resolution and enforcement program fund. Transfer Disclosure Requirements ], ARTICLE 7. (d) For purposes of this section, management shall be deemed to be notified of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or when management has been notified of the alleged failure to maintain or the alleged reduction of services by a state or local agency. You can explore additional available newsletters here. (e) Any and all security deposits in escrow that were held by the selling park owner that are not required to be disbursed pursuant to subdivision (b), (c), or (d) shall be disbursed to the successors in interest to the selling or transferring park owner, who shall have the same obligations of the parks management and ownership specified in this section with respect to security deposits. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. (a)(1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owners written authorization. (b) In the event the legal owner or junior lienholder has received from the management a copy of the notice of termination of tenancy for nonpayment of rent or other charges, the foreclosing creditors right to sell the mobilehome within the park to a third party shall also be governed by Section 798.56a. This notice shall be mailed by registered or certified mail with a return receipt requested. The act clarifies management's duties concerning maintenance and repair of a park and creates new duties relating to the maintenance and repair of water, sewer, and other utility service lines or related connections. 1397, 1995 ch. Notice of Funding Availability Community Development Block Grant CBDO Certification, [Click on text below to open a link or drop down menu, where applicable]. The act clarifies provisions relating to notices that the management of a mobile home park (management) is required to provide to a home owner in the mobile home park (home owner) when management intends to terminate the home owner's tenancy in the mobile home park (park). 61, 1997 ch. CIV 798.73.5. (e) In addition to a mobilehome park described in subdivision (a), the requirements of subdivisions (a) and (b) shall apply to a mobilehome park where requirements of federal, state, or local law or regulation, including, but not limited to, requirements for setbacks between mobilehomes, prohibit homeowners or tenants from installing their own liquefied petroleum gas supply tanks, notwithstanding that the management of the mobilehome park permits mobilehome owners and park tenants to buy their own liquefied petroleum gas. (5) The management may require the homeowner to reside in the mobilehome park for a term of one year before management permits the renting or subletting of a mobilehome or mobilehome space. Notwithstanding Section 798.17, new construction as defined in Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that a landlord may charge a tenant for rent. That person shall comply with the rules and regulations of the mobilehome park. Change of Use (c) The management of a master-meter park shall pass through the full amount of the CARE program discount in monthly utility billings to homeowners and residents who have qualified for the CARE rate schedule, as defined in the serving utilitys applicable rate schedule. ], ARTICLE 4. The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or mobilehome on a space, on which the construction of the pad or foundation system commenced after September 1, 1986, and no other manufactured home or mobilehome was previously located, installed, or occupied, that the manufactured home or mobilehome may be subject to a school facilities fee under Sections 53080 and 53080.4 of, and Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of, the Government Code. This article shall govern the rights of a resident who has an ownership interest in the subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park in which his or her mobilehome is located or installed. [Added 1978 chs. (6) Any sale or transfer between or among joint tenants or tenants in common owning a mobilehome park. 767.] 498, 1989 ch. The management may terminate or refuse to renew the right of occupancy of a defaulting resident upon the giving of a written notice to the defaulting resident in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. (c) In the event that an occupant of a mobilehome has no rights of tenancy and is not otherwise entitled to occupy the mobilehome pursuant to this chapter, the occupant is considered an unlawful occupant if, after a demand is made for the surrender of the mobilehome park site, for a period of five days, the occupant refuses to surrender the site to the mobilehome park management.
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