Mobile home park fees in Colorado

Colorado controls park fees through the Mobile Home Park Act (C.R.S. Part 2 of Article 12), which bans entry fees and selling/transfer fees, caps the security deposit, and limits late fees. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in Colorado.

What the statute says

Under C.R.S. §38-12-209(1), the park owner "shall neither pay to nor receive from an owner or a seller of a mobile home an entry fee of any type as a condition of tenancy." Section 38-12-211(1) bars "any type of selling fee or transfer fee" against a selling home owner, a home owner removing the home, or a buyer, as a condition of tenancy — though the park may "apply the normal park standards to prospective buyers" and charge "a reasonable selling fee or transfer fee for services actually performed and agreed to in writing" (§38-12-211(2)).

The security deposit "in an amount not greater than one month's rent" (§38-12-207(1)) "remains the property of the home owner," and the landlord must "deposit each security deposit into a separate trust account" (§38-12-207(3)). Late fees are limited: the rental agreement must state a default day "which day may not be less than ten calendar days after the day rent is due and payable" (§38-12-213(1)(c)), and the agreement must disclose "all charges to the home owner other than rent, including late fees" (§38-12-213(1)(f)). The park also "shall not charge home owners or residents a fee to meet in common buildings or spaces in the park" (§38-12-206(2)).

How it works in general

A Colorado park can't charge an entry fee to move in, and it can't charge a selling or transfer fee when a resident sells the home or a buyer takes over — beyond a reasonable rental-application fee for an in-place buyer, or a charge for services the resident actually agreed to in writing. The security deposit is capped at one month's rent, stays the resident's property, and has to sit in a separate trust account. A late fee can't kick in until at least 10 days after rent is due, and every charge other than rent has to be disclosed in the rental agreement. Residents also can't be charged a fee to use a common hall for a meeting. The disclosure rules in §38-12-213 are where the allowed charges should appear.

Common scenarios

General examples Colorado park residents commonly encounter:

• A park asks for a move-in "entry fee." That's prohibited (§38-12-209(1)).
• A park demands a transfer fee on a sale. Selling/transfer fees as a condition of tenancy are barred (§38-12-211(1)).
• A deposit above one month's rent is requested. The cap is one month, held in trust (§38-12-207).

Other authorities that may apply

The Mobile Home Park Act (C.R.S. §§38-12-206, 38-12-207, 38-12-209, 38-12-211, 38-12-213) governs entry fees, selling/transfer fees, the deposit, late fees, and disclosure. A home owner can enforce these through the Division of Housing's Dispute Resolution and Enforcement Program (§38-12-1104) or a private civil action (§38-12-220). Federal law can apply in particular situations.