HB 20-1196: Modernizing Manufactured Home Community Policy in Colorado
Reps. Hooton and McCluskie; Sens. Fenberg and Lee

Here's what the sponsors say:

"HB 20-1196 updates and improves Colorado’s existing Mobile Home Park Act (MHPA). Coupled with the new Dispute Resolution and Enforcement Program from last year’s HB 19-1309, manufactured home owners will enjoy greater rights plus a public mechanism to have violations investigated and resolved. HB 20-1196 addresses at least five key issues identified in the 2018 DORA Sunrise Review, and other important concerns:

• Retaliation: Existing Colorado law provides no protections against retaliation if community homeowners organize community meetings, make requests to repair infrastructure, or take other reasonable actions in which they should be permitted to engage. HB-1196 would provide these protections by clearly defining what constitutes retaliation and how residents can get recourse if their rights are violated.
• Arbitrary Evictions: Eviction from a manufactured home community often results not only in the loss of rented land but also the loss of the home. HB-1196 would ensure homeowners are not evicted for minor rule violations.
• Arbitrary and Capricious Rules: In some cases, rules developed by park owners are overreaching, such as prohibiting walking in park streets after 9:00 p.m. This bill would ensure homeowners are not subject to unreasonable, arbitrary, or capricious rules; provide a means to contest overreaching rule changes; and protect homeowners from overly costly rules.
• Transparent Billing for Utilities: Many parks have only a master meter, and park management may make decisions to allocate utility expenses to residents using unfair and confusing methods. This bill would require equity and transparency in billing.
• Operable Utilities and Services: Homeowners and residents are occasionally denied necessary water, passable roads, or other critical infrastructure services due to park owner negligence. This bill would clarify requirements for providing these essential services.
• Park Owner Responsibilities: HB-1196 protects homeowners by requiring park owners to: a) reimburse homeowners if they are responsible for damage to a home, b) make sure water and restrooms are available to residents if there’s a service interruption, and c) reimburse homeowners for lodging costs if families can’t use their homes.
• Right to Privacy: Homeowners have a right to private and peaceful enjoyment of their homes and lots. This bill spells out legitimate reasons for which management may enter a home or lot, including maintenance and emergencies, but also calls for homeowner consent and reasonable advance notification to prevent unexpected surprise entries."

• HB 20-1196 passed the House Transportation and Local Government Committee  on Feb. 19, and then passed the full House on Mar. 9.
• Now assigned to the Senate Judiciary committee; hearing date to be determined.
• Follow the links, and you'll find contact information for committee members. Let them know what you think.

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HB 20-1201: Opportunity to Purchase
Reps. Hooton and Gonzales-Gutierrez, Sens. Moreno and Ginal

Here's what the sponsors say:

“Resident purchase opportunity policies are a proven strategy that has enabled thousands of residents to purchase their communities across the nation.” - National Consumer Law Center

"HB 20-1201 is an important step in giving Colorado manufactured home residents the opportunity to not just purchase a community, but also control their own future as homeowners. The bill sets standards for the opportunity to purchase process, including:

• Notification: Residents have to know a park is available, or slated for major changes, in order to organize and make an offer. HB 20-1201 requires landlords to notify tenants when a park is for sale, or if the owner intends to change the use of a park, or if the landlord is about to accept an offer, or if the park is facing foreclosure.
• Transparency: If any of these events triggers the need for notification, the notice to residents must include a description of the property, along with price, terms, and conditions of an offer or the landlord’s intentions.
• Resident Organization: A group or organization among residents of a community would be able to make an offer to purchase the park if there is approval of at least 51% of residents. • Public Sector or Nonprofit Involvement: Resident communities would be able to assign their purchase right to a municipality, housing authority, or nonprofit.
• Fair Negotiation: Under HB 20-1201, landlords are required to enter into good-faith negotiation with residents or their assignees making an offer, and to provide information that would help residents prepare their offer.
• Timely Process: Residents would need to make their offer within 90 days of receiving notice that the park is available, though this timeline can be mutually extended."

• HB 20-1201 also passed the House Transportation and Local Government Committee on Feb. 19, and then passed the full House on Mar. 3.
• Now assigned to the Senate Local Affairs Committee; hearing date to be determined
• Follow the link, and you'll find contact information for committee members. Let them know what you think.

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