Cal. Civ. Code § 38-12-201.5

Definitions.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoLease Requirements

Operative Text

Cal. Civ. Code § 38-12-201.5
As used in
this part 2 and in parts 11 and 14 of this article 12, unless the context
otherwise requires:

(1) 
"Division" means the division of housing in the department of local
affairs.

(1.5) 
"Entry fee" means any fee paid to or received from an owner of a
mobile home park or an agent thereof except for:

(a) 
Rent;

(b) A
security deposit to pay for actual damages to the premises or to secure rental
payments;

(c) 
Fees charged by any governmental agency of the state, a county, a town, or a
city;

(d) 
Utilities;

(e) 
Incidental reasonable charges for services actually performed by the mobile
home park owner or the mobile home park owner's agent and agreed to in writing
by the home owner;

(f) 
Late fees; and

(g) 
Membership fees paid to join a resident or home owner cooperative that owns the
mobile home park or other parks qualifying as common interest communities
pursuant to the "Colorado Common Interest Ownership Act", article
33.3 of this title 38.

(2) 
"Home owner" means any person or family of a person who owns a mobile
home that is subject to a tenancy in a mobile home park under a rental
agreement. "Home owner" includes a resident who is under a
rent-to-own contract pursuant to part 14 of this article 12 that has not been
terminated.

(2.5) 
"Late fee" has the meaning set forth in section 38-12-102 (3).

(3) 
"Management" or "landlord" means the owner of a mobile home
park or person responsible for operating and managing a mobile home park or an
agent, employee, or representative authorized to act on the management's behalf
in connection with matters relating to tenancy in the park.

(4) 
"Management visit" means an entry by management on a mobile home lot.

(5) 
"Mobile home" means:

(a) A
single-family dwelling that is built on a permanent chassis; is designed for
long-term residential occupancy; contains complete electrical, plumbing, and
sanitary facilities; is designed to be installed in a permanent or
semipermanent manner with or without a permanent foundation; and is capable of
being drawn over public highways as a unit or in sections by special permit;

(b) A
manufactured home, as defined in section 38-29-102 (6), if the manufactured
home is situated in a mobile home park; or

(c) A
tiny home, as defined in section 24-32-3302 (35), that is used as a long-term
residence in the mobile home park.

(6) [ Editor's
note: This version of subsection (6) is effective until January 1, 2027. ] 
"Mobile home park" or "park" means a parcel of land used
for the accommodation of five or more mobile homes for which the management or
landlord has a rental agreement with a tenant for a mobile home or lot or is
receiving rent payments for a mobile home or lot from a tenant or a third
party. "Mobile home park" does not include mobile home subdivisions
or property zoned for manufactured home subdivisions. For purposes of this
definition, the parcel of land comprising the mobile home park does not need to
be contiguous but must be in the same neighborhood as determined by the
division.

(6) [ Editor's
note: This version of subsection (6) is effective January 1, 2027. ]

(a) (I) 
"Mobile home park" or "park" means a parcel of land used
for the accommodation of five or more mobile homes for which the management or
landlord has a rental agreement for a mobile home or lot or is receiving rent
payments for a mobile home or lot from a resident or a third party.

(II) 
"Mobile home park" or "park" includes parcels of land where
the management or landlord owns all of the mobile homes in the mobile home
park.

(III) 
"Mobile home park" or "park" does not include mobile home
subdivisions or property zoned for manufactured home subdivisions.

(b) For
purposes of subsection (6)(a) of this section, the parcel of land comprising
the mobile home park does not need to be contiguous but must be in the same
neighborhood as determined by the division.

(6.5) 
"Mobile home space", "space", "mobile home lot",
or "lot" means a parcel of land within a mobile home park designated
by the management to accommodate one mobile home and its accessory buildings
and to which the required sewer and utility connections are provided by the
park.

(7) 
"Mobile home subdivision" or "manufactured home
subdivision" means any parcel of land that is divided into two or more
parcels, separate interests, or interests in common, where each parcel or
interest is owned by an individual or entity who owns both a mobile home and
the land underneath the mobile home; except that a parcel is not a "mobile
home subdivision" or "manufactured home subdivision" when the
same owner owns a parcel or subdivided parcels or interests that are
collectively used for the continuous accommodation of five or more occupied
mobile homes and operated for the pecuniary benefit of the landowner or their
agents, lessees, or assignees.

(8) [ Editor's
note: This version of subsection (8) is effective until January 1, 2027. ] 
"Premises" means a mobile home park and existing facilities and
appurtenances of the park, including furniture and utilities where applicable,
and grounds, areas, and existing facilities held out for the use of home owners
generally or the use of which is promised to home owners.

(8) [ Editor's
note: This version of subsection (8) is effective January 1, 2027. ] 
"Premises" means a mobile home park and existing facilities and
appurtenances of the park, including furniture and utilities where applicable,
and grounds, areas, and existing facilities held out for the use of home owners
or residents generally or the use of which is promised to home owners or
residents.

(9) 
"Rent" means any money or other consideration to be paid to the
management for the right of use, possession, and occupation of the premises.

(10) 
"Rental agreement" means an agreement, written or implied by law,
between the management and a home owner establishing the terms and conditions
of a tenancy, including reasonable rules and regulations promulgated by the
park management. A lease is a rental agreement.

(11) 
"Resident" means an individual who resides in a mobile home that is
located in a mobile home park, regardless of whether the individual is the home
owner.

(12) 
"Retaliatory action" includes:

(a) 
Increasing rent or decreasing services in a selective or excessive manner, or
in a nonuniform manner to the extent that the nonuniform increase or decrease
is unrelated to a legitimate business purpose;

(b) 
Issuing mandatory fees in a selective or excessive manner, or in a nonuniform
manner to the extent that the nonuniform issuance of the fees is unrelated to a
legitimate business purpose;

(c) 
Issuing warnings, citations, or fines that are not lawful;

(d) 
Serving notices or threatening eviction when the notices or threats are not
reasonably justified;

(e) 
Billing a home owner in a selective or excessive manner, or in a nonuniform
manner to the extent that the nonuniform billing is unrelated to a legitimate
business purpose, for an item or service for which the home owner has not
previously been billed;

(f) 
Creating or modifying rules and regulations of the park that are not reasonably
related to a legitimate purpose;

(g) 
Selectively enforcing rules or requirements of the park;

(h) 
Conducting management visits that are selective, nonuniform, or excessive;
except that this subsection (12)(h) does not include management visits that are
conducted for the purpose of providing notices that are required by law or by a
rental agreement;

(i) 
Altering or refusing to renew an existing rental agreement;

(j) 
Surveilling a home owner who submits an oral or written complaint about a
mobile home park to the management or to any federal, state, or local
government agency; except that this subsection (12)(j) does not include
routine, nonexcessive community inspections or documenting, photographing, or
recording of violations of law, the rental agreement, or the rules and
regulations of the park; or

(k) 
Reporting or publicizing damaging information about a home owner who submits an
oral or written complaint about a mobile home park to the management or to any
federal, state, or local government agency.

(13) 
"Tenancy" means the right of a home owner to:

(a) 
Locate, maintain, and occupy a mobile home, including accessory structures for
human habitation, on a space within a park;

(b) 
Make improvements to the space; and

(c) Use
the services and facilities of the park.
Source: Legislative text reproduced verbatim
Plain English

Colo. Rev. Stat. § 38-12-201.5 establishes the foundational vocabulary used throughout Colorado's Mobile Home Park Act and related parts of Article 12. It defines key terms such as "home owner," "management," "mobile home," "mobile home park," "rent," "entry fee," "retaliatory action," and "tenancy," among others. These definitions set the boundaries of who and what is covered by the law's protections and obligations. The definitions also clarify what fees and conduct fall outside permissible categories, such as distinguishing "entry fees" from ordinary rent, security deposits, and utilities.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Operators of mobile home parks in Colorado should be familiar with the definitions in § 38-12-201.5, as these terms govern how the rest of the Mobile Home Park Act applies to their operations. The definition of "retaliatory action" is notably broad, covering selective rent increases, nonuniform fee issuance, unjustified eviction notices, and even surveillance of residents who file complaints. Compliant park management generally ensures that any fees charged beyond rent, security deposits, utilities, and agreed-upon incidental services are carefully reviewed against the "entry fee" definition to avoid prohibited charges.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-201.5 provides the definitional framework that underpins the rights and protections available to home owners and residents in Colorado mobile home parks. The expansive definition of "retaliatory action" in subsection (12) covers a wide range of management conduct, from selective rule enforcement to surveillance of residents who submit complaints to government agencies. Home owners who believe management conduct may fall within these defined categories can consult a tenant-rights organization or contact the Colorado Division of Housing, which is specifically defined in this section, to learn about available complaint and enforcement pathways.

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.

Effective Timeline

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 38-12-102
Not yet ingested
Colo. Rev. Stat. § 38-29-102
Not yet ingested
Colo. Rev. Stat. § 24-32-3302
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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