Cal. Civ. Code § 38-12-1105.5
Sale or change in control of the park - complaint pending - duties of landlord.
Operative Text
(1) If there is a sale or other change in control of a mobile home park while a complaint filed pursuant to section 38-12-1105 is pending before the division or prior to the landlord's compliance with all remedial actions and penalties ordered by the division as a result of a complaint that was previously filed, the landlord at the time that the complaint was filed shall, as a prior condition of the sale or change in control of the mobile home park: (a) Provide all documents related to the complaint, including any notice of violation or final agency order issued by the division, to a prospective buyer as part of the due diligence process of any sale; (b) Pay all penalties ordered by the division in a final agency order and submit an affidavit of compliance to the division; and (c) For a pending complaint in which the division has not issued a final agency order, if requested by the prospective buyer or ordered by the division, place into an escrow account money sufficient to cover either the remediation cost or an estimated penalty that could be assessed by the division. The seller is entitled to the return of money placed in escrow if no violation is found in a final agency order. (2) If the division orders one or more remedial actions in a final agency order prior to the sale of a mobile home park: (a) The landlord shall complete all remedial actions prior to the sale and submit an affidavit of compliance to the division; or (b) The landlord and the prospective buyer shall jointly submit to the division a written remedial plan that requires all remedial actions to be completed within one year. The division may accept or reject the proposed remedial plan and assess penalties against either party if a remedial plan submitted pursuant to this section is not completed. (3) If there is a sale or other change in control of a mobile home park while a complaint is pending before the division, the division may add any landlord successor in interest as a party with no further action needed by the filing party.
Colorado Revised Statute § 38-12-1105.5 governs what must happen when a mobile home park is sold or changes control while a complaint is pending before the state division or before all ordered remedies and penalties have been satisfied. The selling landlord must disclose complaint-related documents to prospective buyers, pay any final penalties, and either complete required remedial actions before closing or jointly submit an approved remediation plan with the buyer. If a complaint is still unresolved at the time of sale, the division may automatically add the new owner as a party to the proceeding without requiring the original complainant to take additional steps.
Plain English — not legal advice.
Under § 38-12-1105.5, a landlord who is selling or transferring control of a mobile home park while a division complaint is open or while ordered remedies remain incomplete must treat disclosure and penalty resolution as preconditions of closing, not afterthoughts. Compliant operators typically provide all complaint-related documents—including any notices of violation or final agency orders—to prospective buyers during due diligence, pay outstanding penalties and file an affidavit of compliance, and either finish all remedial actions before the sale or co-sign a written remediation plan with the buyer that the division must approve. Where a final agency order has not yet been issued, the division or the buyer may require the seller to fund an escrow account sufficient to cover potential remediation costs or penalties, with funds returnable if no violation is ultimately found.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 38-12-1105.5 is designed to protect mobile home park residents by ensuring that a sale or ownership change cannot be used to escape an open complaint or unfinished remediation order. If a park is sold while a complaint you or others filed is still pending, the division has authority to bring the new owner into the proceeding automatically, so the case does not simply disappear. Tenants who have filed complaints and learn that a sale may be imminent can contact the division to understand the status of any pending orders, and may also reach out to a tenant-rights organization familiar with Colorado mobile home park law for general information about how § 38-12-1105.5 applies to ongoing proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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