Judge tosses violations against Colorado mobile home park owner

There are new developments in a legal battle pitting some Colorado mobile home park residents against the real estate company that owns and operates the community. Earlier this month, a judge ruled in favor of the real estate company, Ascentia, wiping out its violations of the Mobile Home Park Act.

CBS News Colorado has been following the story at Foxridge Farm since 2023. Foxridge houses nearly 500 mobile homes on East Colfax Avenue, east of Powhaton Road in Arapahoe County.

In 2023, residents told us they thought Ascentia was taking advantage of them. They were upset with policies that banned on-street parking, instead offering spots in an overflow parking lot for $35 a month.

Investigators with Colorado's Mobile Home Oversight Program looked into those complaints and, in early 2024, issued several violations. Four of the violations were dropped or resolved quickly. But two violations remained, concerning the on-street parking ban and the paid lot. Ascentia contested those violations, making their case to an administrative law judge.

They argued that the on-street parking ban was not new, although it was not enforced prior to 2023, when the overflow parking lots were built. Ascentia attests that the ban is necessary to maintain safety in the neighborhood, which does not have sidewalks.

"The streets are very narrow when cars are parked on either side, making it difficult to see pedestrians and children when they are leaving their yard or street," Ascentia told investigators when questioned why street parking was banned. "Furthermore, the street parking makes it difficult for emergency vehicles, trash services, and snow plows to get through the community."

As for claims that the $35 charge for overflow parking was a "junk fee," Ascentia maintained that the additional parking spots were an optional amenity. Each mobile home has two or four free, off-street parking spots on its property, which are outlined in the lease. The judge agreed to this point as well.

Administrative judge Tanya T. Light ruled "to reverse, deny, and overturn in full the Notice of Violation and its cures."

After the ruling, Ascentia shared this statement with CBS News Colorado:

"From the beginning, we have contested that DOLA's Notice of Violation was an unsupported overreach by the State, and more importantly, was not in the best interest of our community and its residents. We are grateful the judge ruled in our favor and overturned the Notice of Violation in full.  Ultimately, our goal is to provide a safe and clean community that our residents are proud to call home."