Park sale rules require records for homeowners considering an offer

A landlord may rely on a homeowner’s failure to follow mobile home laws to end a tenancy only after a government office issues a final order finding a violation. The rule covers home owners in mobile home parks and violations of state or local laws and rules about mobile homes or lots. This ground does not apply when a homeowner cures a noncompliance as described in section 38-12-202 (3). The act applies to conduct on or after January 1, 2027. If a referendum petition is filed, the affected provision takes effect only if voters approve it, and then no earlier than January 1, 2027 or the governor’s official vote declaration, whichever is later.

A landlord must provide specified sale records on request and follow requirements for homeowner groups making purchase offers. These requirements concern a landlord’s proposed sale of a mobile home park and homeowner groups or their assignees seeking to buy it. A group or association seeking due diligence information must make a reasonable request. A group seeking the separate disclosures under subsection (14.5) must have approval from at least 51 percent of park homeowners. For a portfolio sale that includes other property, any disclosed discount must also be available proportionately to homeowners offering to buy only the park. The arms-length rule has exceptions for specified exempt transfers and federal tax-deferred exchanges. The act applies to conduct on or after January 1, 2027. If a referendum petition is filed, the affected provision takes effect only if voters approve it, and then no earlier than January 1, 2027 or the governor’s official vote declaration, whichever is later.

A landlord temporarily barred from raising rent must notify all residents in writing and explain the reason for the bar. The notice goes to all residents covered by the temporary rent-increase prohibition. The notice is required when section 38-12-204 (4) temporarily prohibits the landlord from raising rent or issuing a rent-increase notice. The landlord must provide notice within 14 days after being notified of the prohibition. The act applies to conduct on or after January 1, 2027, subject to any referendum and voter approval.

A landlord may pass on part of the annual park registration fee to a homeowner or resident only if state rules allow it, and the charge cannot exceed $17 or half the fee, whichever is less. This cap applies to a homeowner or resident charged part of a landlord’s annual mobile home park registration fee. The annual fee is set by the division for each mobile home independently owned on rented land in the park. The division may authorize landlords by rule to charge residents part of the fee. The act applies to conduct on or after January 1, 2027. If a referendum petition is filed, the affected provision takes effect only if voters approve it, and then no earlier than January 1, 2027 or the governor’s official vote declaration, whichever is later.