§ 4-19.12. Rent Increases for Capital Improvements.

(a)

New capital improvements shall be defined as services or improvements that do not exist in the park at the time the park owner incurs any of the costs for the services or improvements. New capital improvements shall not include replacement capital improvements or services, maintenance, or improvements the park owner was required by law to provide.

(b)

A park owner may pass through to mobile home owners one hundred (100) percent of the cost of new capital improvements. A park owner may charge each affected mobile home owner as additional rent the pro-rata share of new capital improvement costs including financing costs. Any assessment for a new capital improvement shall be identified separately and listed on rent statements along with the date on which the assessment will expire.

(c)

No costs of capital improvements other than new capital improvements as defined in subsection (a) of this section may be passed through to mobile home owners. Passthrough of the costs of new capital improvements shall be subject to the following preconditions:

(1)

Prior to initiating the service or incurring the capital improvement cost, the park owner must advise the mobile home owners regarding the nature and purpose of the improvements and the estimated cost of the improvements.

(2)

The park owner must obtain the prior written consent to the proposed new capital improvement of at least one (1) adult mobile home owner in each of a majority of the mobile home spaces in the park. Each space shall have only one (1) vote.

(3)

If a majority of the mobile home owners fail to consent to the new capital improvement and the park owner can establish that the new capital improvement is reasonably necessary to protect the health or safety of the mobile home owners or their property or to protect the infrastructure of the mobile home park from physical damage or deterioration, the park owner may petition for a new capital improvement pass through under the procedures in Section 4-19.11 of this chapter.

(Added by Ord. 3451-C.S., § 1, effective 10-4-07)