Cal. Civ. Code § 38-12-214

Rules and regulations - amendments - notice - complaints.

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

Operative Text

Cal. Civ. Code § 38-12-214
(1) The
management shall adopt written rules and regulations concerning residents' or
home owners' use and occupancy of the premises. The management shall provide a
resident or home owner with a written copy of the adopted rules and regulations
in English and Spanish. Except as otherwise provided in this section, such
rules and regulations are enforceable against a resident or home owner only if:

(a) 
Their purpose is to promote the safety or welfare of the home owners, protect
and preserve the premises from abuse, or make a fair distribution of services
and facilities held out for the home owners generally;

(b) 
They are reasonably related to a legitimate purpose, for which they are
adopted;

(c) 
They are not arbitrary, capricious, unreasonable, retaliatory, or
discriminatory in nature;

(d) 
They are sufficiently explicit in prohibition, direction, or limitation of each
home owner's conduct to fairly inform each home owner of what the home owner
must do or not do to comply; and

(e) 
They are established in the rental agreement at the inception of the tenancy,
amended subsequently with the written consent of the home owner, or, except as
described in subsection (2) of this section, amended subsequently without the
written consent of the home owner after the management has provided written
notice, in both English and Spanish, of the amendments to the home owner in a
common area and in a conspicuous place on each home owner's mobile home lot at
least sixty days before the amendments become effective, and, if applicable,
enforced in compliance with subsection (3) of this section.

(2) (a) 
When a mobile home or any accessory building or structure is owned by a person
other than the owner of the mobile home park in which the mobile home is
located, the mobile home and the accessory building or structure are each a
separate unit of ownership. The accessory building or structure are each
presumed to be owned by the owner of the mobile home unless there is a written
agreement establishing ownership by another person.

(b) If
a rule or regulation requires a home owner to incur a cost or imposes
restrictions or requirements on the home owner's right to control what happens
in or to the mobile home or any accessory building or structure, the rule or regulation
is presumed unreasonable pursuant to subsection (1)(c) of this section unless
management demonstrates that the rule or regulation:

(I) Is
strictly necessary to protect the health and safety of park residents and the
rule or regulation provides the protection at the lowest expense to home owners
as is reasonably possible;

(II) Is
strictly necessary to comply with or enforce a federal, state, or local
government requirement, including local nuisance laws enforced for the welfare
of other residents;

(III) 
Is voluntarily agreed to by the home owner, without coercion or
misrepresentation by management, in which case the rule or regulation is only
binding upon home owners who have communicated their written consent to the
rule or regulation; or

(IV) In
a mobile home park managed by home owners, was established by the managing home
owner organization in accordance with the organization's bylaws and more than
fifty percent of the home owners are members of the organization.

(c) (I) 
Rules or regulations that impose restrictions or requirements on the home
owner's right to control what happens in or to a home owner's mobile home or
any accessory building or structure include, but are not limited to, those that
impose requirements related to the following:

(A) The
structure and appearance of the mobile home, building, or structure, including
rules or regulations requiring aesthetic improvements;

(B) Who
may visit the mobile home, building, or structure, or who may reside at the
mobile home;

(C) 
Lawful activities taking place in the mobile home, building, or structure; and

(D) 
Resident occupancy limits that are stricter than applicable federal, state, and
local occupancy laws.

(II) 
This subsection (2)(c) does not preclude a landlord from conducting any lawful
screening of a rental application.

(d) 
Beginning on June 4, 2024, any notice to quit served pursuant to section
38-12-204.3 or any complaint to terminate tenancy pursuant to section 38-12-203
(1)(c) shall include a statement that specifically sets forth the basis for
enforceability pursuant to subsection (1) of this section and section 38-12-203
(1)(c), including the specific purpose required pursuant to subsection (1)(a)
of this section and how the rule or regulation is reasonably related to the
stated purpose as required pursuant to subsection (1)(b) of this section. A
general statement that a rule or regulation promotes safety or welfare is not
sufficient to meet the requirements of this subsection (2)(d) or section
38-12-203 (1)(c).

(e) The
division is authorized to promulgate rules that:

(I) 
Specify additional park rules and regulations that are not strictly necessary
pursuant to this section and are unenforceable or presumptively unenforceable;
and

(II) 
Specify additional park rules and regulations that are strictly necessary
pursuant to this section and are enforceable or presumptively enforceable.

(2.5)
(a) Subsection (2) of this section does not prohibit the management from
requiring compliance by a new home owner with park rules and regulations that
were not enforceable against the previous home owner after the sale or transfer
of a mobile home or accessory building or structure as described in subsection
(2.5)(b) of this section if the rules or regulations comply with this section
and have been duly noticed, in both English and Spanish, to all home owners and
residents, including the seller, pursuant to subsection (1)(e) of this section;
except that, as used in this subsection (2.5), "transfer" does not
include a transfer of ownership pursuant to death or divorce or a transfer of
ownership to a new co-owner who is an immediate family member, spouse, or
domestic partner of the home owner.

(b) The
management shall not require a home owner selling a mobile home or accessory
building or structure to ensure that the mobile home or accessory building or
structure complies with any rules or regulations by the closing date of the
sale or to bear the costs of compliance with any such rules or regulations. If
the management requires all prospective buyers to comply with such rules and
regulations as a condition of gaining tenancy in the park, the management shall
promptly provide a written list of items for which the management requires
action to the seller upon receiving notice that the mobile home is for sale.
The seller shall provide the list to all prospective buyers, and the management
shall provide the list to the buyer upon receiving an application for tenancy.
The management shall allow a reasonable amount of time after closing for the
buyer to bring the mobile home or accessory building or structure into
compliance, which must be at least thirty days from the closing date. During
the period in which the buyer may bring the mobile home or accessory building
or structure into compliance, the management shall provide the buyer with
reasonable access to the mobile home or accessory building or structure,
including access to the mobile home or accessory building or structure for the
purpose of storing belongings until the buyer is able to reside in the mobile
home.

(2.7)
(a) Notwithstanding any rental agreement, the management shall not interfere
with a home owner's right to sell a mobile home or accessory building or
structure, in place or otherwise, to a buyer of the home owner's choosing,
regardless of the age of the home, except as necessary for the management to
ensure:

(I) 
Compliance with park-wide affordability restrictions, including requirements
for owner occupancy;

(II) 
The financial ability of the home buyer to comply with the buyer's obligations
as a new tenant pursuant to subsection (2.7)(c) of this section;

(III) 
Compliance with applicable local, state, or federal law; and

(IV) 
The absence of a home buyer's relevant criminal history that would indicate a
reasonable chance of risk to other residents in accordance with section
38-12-904 (1)(b).

(b) A
provision in a rental agreement that limits or restricts a home owner's right
to sell a mobile home or accessory building or structure to a buyer of the home
owner's choosing other than as allowed by this subsection (2.7) is
unenforceable.

(c) A
buyer demonstrates the buyer's financial ability to comply with the provisions
of subsection (2.7)(a)(II) of this section if the buyer can demonstrate that:

(I) The
buyer has a monthly income that is at least two hundred percent of the seller's
current monthly lot rent for one month; or

(II) 
The buyer has other cash assets that are at least two hundred percent of the
seller's current monthly lot rent for six months.

(3) (a) 
If the management provides each home owner written notice, in both English and
Spanish, of the management's intent to add or amend any written rule or
regulation as described in subsection (1)(e) of this section, or if the
management indicates that it will begin enforcing a rule or regulation that was
previously unenforced, a home owner may file a complaint challenging the rule,
regulation, or amendment pursuant to section 38-12-1105 within sixty days after
receiving the notice. If a home owner files such a complaint and the new or
amended rule or regulation will increase a cost to the home owner in an amount
that equals or exceeds ten percent of the home owner's monthly rent obligation
under the rental agreement, the management shall not enforce the rule,
regulation, or amendment unless and until the parties reach an agreement
concerning the rule, regulation, or amendment or the dispute resolution process
concludes and the division issues a written determination, pursuant to section
38-12-1105 (4), that the rule, regulation, or amendment does not constitute a
violation of this part 2 and may be enforced. Notwithstanding any provision of
part 11 of this article 12 to the contrary, as part of the complaint process
described in section 38-12-1105, the management has the burden of establishing
that the rule, regulation, or amendment satisfies the requirements described in
subsections (1) and (2) of this section.

(b) 
Nothing in this section precludes a home owner from filing a complaint,
pursuant to section 38-12-1105, concerning a rule or regulation at any time
after the rule or regulation takes effect.

(4) 
Rules and regulations that concern recreational facilities may be amended at
the reasonable discretion of the management.
Source: Legislative text reproduced verbatim
Plain English

Colo. Rev. Stat. § 38-12-214 governs how mobile home park management must create, distribute, and amend rules and regulations for residents. Rules must be written, provided in both English and Spanish, and meet specific standards—such as being reasonable, non-discriminatory, and clearly stated—before they can be enforced. Rules that impose costs or restrict a home owner's control over their mobile home or accessory structures are presumed unreasonable unless management can demonstrate they meet narrow justifications. Home owners also retain broad rights to sell their mobile homes to buyers of their choosing, subject to limited exceptions.

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

Plain English — not legal advice.

For Property Managers

Under § 38-12-214, compliant park operators adopt written rules in English and Spanish, ensure those rules serve legitimate purposes, and provide at least 60 days' written notice before any amendments take effect. When a rule imposes costs or restricts a home owner's control over their home or structures, operators are generally prepared to demonstrate that the rule meets one of the statute's narrow justifications. Any notice to quit or complaint to terminate tenancy filed on or after June 4, 2024 must specifically explain how the rule satisfies the enforceability criteria—a general reference to safety or welfare is not sufficient.

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

For Tenants

Under § 38-12-214, home owners have the right to receive all park rules in writing in both English and Spanish, and rules that impose costs or restrict control over a mobile home or accessory structure are presumed unreasonable unless management proves otherwise. If management gives notice of a new or amended rule, a home owner may file a complaint under § 38-12-1105 within 60 days; if the change would increase costs by 10% or more of monthly rent, enforcement is stayed during the dispute process. Tenant-rights organizations and the Colorado Division of Housing can be resources for understanding complaint procedures available under this provision.

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. § 38-12-204.3
Not yet ingested
Colo. Rev. Stat. § 38-12-203
Not yet ingested
Colo. Rev. Stat. § 38-12-904
Not yet ingested
Colo. Rev. Stat. § 38-12-1105
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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