WILLIAM DONALD SCHAEFER, Governor

(IV) A HOMEOWNERS' ASSOCIATION.

(3) "ATHLETIC CLUB" MEANS A CLUB ORGANIZED AND
OPERATED EXCLUSIVELY FOR RECREATIONAL PURPOSES, THAT IS EXEMPT
FROM TAXATION UNDER § 501(C)(7) OF THE INTERNAL REVENUE CODE OF
1954.

[(2)] (4) "Charitable organization" means an
organization, institution, association, society, or corporation
that is exempt from taxation under Section § 501(c)(3) of the
Internal Revenue Code of 1954.

(5)  "COMMUNITY ASSOCIATION" MEANS A NONPROFIT
ASSOCIATION, CORPORATION, OR OTHER ORGANIZATION COMPRISED OF
RESIDENTS OF A COMMUNITY, WHICH IS OPERATED EXCLUSIVELY FOR THE
PROMOTION OF SOCIAL WELFARE AND GENERAL NEIGHBORHOOD IMPROVEMENT
AND ENHANCEMENT, THAT IS EXEMPT FROM TAXATION UNDER § 501(C)(4)
OF THE INTERNAL REVENUE CODE OF 1954.

(6)  "HOMEOWNERS' ASSOCIATION" MEANS A NONPROFIT
ORGANIZATION COMPRISED OF PROPERTY OWNERS IN A SUBDIVISION OR
GROUP OF SUBDIVISIONS WHOSE PURPOSE IS TO REPRESENT THE MUTUAL
INTERESTS OF THE PROPERTY OWNERS REGARDING THE CONSTRUCTION,
PROTECTION, AND MAINTENANCE OF THE COMMONLY OWNED OR USED
PROPERTY AND IMPROVEMENTS.

[(3)] (7) (i) "Agent of [a charitable organization]
AN ASSOCIATION OR ORGANIZATION" means a person who is or was a
director, officer, employee of [a charitable] AN ASSOCIATION OR
organization or who, on a volunteer basis, is or was providing
services or performing duties on behalf of [a charitable
organization] AN ASSOCIATION OR ORGANIZATION.

(ii) "Agent of [a charitable organization] AN
ASSOCIATION OR ORGANIZATION" does not include independent
contractors that provide services on a contract basis.

[(4)](8) "Suit" means any civil action, except any
health care malpractice action, brought against an agent of [a
charitable organization] AN ASSOCIATION OR ORGANIZATION or
against the [charitable organization] ASSOCIATION OR ORGANIZATION
by virtue of the agent's acts or omissions in providing services
or performing duties on behalf of the [charitable organization]
ASSOCIATION OR ORGANIZATION.

(b) Except as provided in subsection (d) of this section,
an agent of [a charitable organization] AN ASSOCIATION OR
ORGANIZATION is not personally liable for damages in any suit if:

(1) The [charitable organization] ASSOCIATION OR
ORGANIZATION maintains insurance AN INSURANCE POLICY OR A PROGRAM
OF SELF-INSURANCE covering liability incurred by the organization
or its agents, or both, as a result of the acts or omissions of

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