WILLIAM DONALD SCHAEFER, Governor Ch. 491

providers to pay a certain reasonable fee for use of common
areas or common elements; requiring a day care provider to
obtain certain insurance; providing for the application of
this Act; defining certain terms; and generally relating to
the recorded covenants and restrictions, bylaws, rules and
restrictions, and declarations of homeowners associations
and condominiums.

BY adding to

Article - Real Property

Section 11-111.1 and 11B-111.1

Annotated Code of Maryland

(1988 Replacement Volume and 1988 Supplement)

BY repealing and reenacting, without amendments,

Article - Real Property

Section 11B-l0l(b), (d), (f), (g), (h), and (j)

Annotated Code of Maryland

(1988 Replacement Volume and 1988 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Real Property

11-111.1.

(A) A PROVISION OF THE DECLARATION, BYLAWS, OR RULES OF A
CONDOMINIUM THAT PROHIBITS OR RESTRICTS COMMERCIAL OR BUSINESS
ACTIVITY MAY NOT BE CONSTRUED TO PROHIBIT THE PROVIDING OF FAMILY
DAY CARE SERVICES REGISTERED UNDER PART V OF TITLE 5, SUBTITLE 5
OF THE FAMILY LAW ARTICLE IN A UNIT BY:

(1) THE UNIT OWNER; OR

(2) A TENANT WHO:

(I) IS LEASING THE UNIT IN CONFORMITY WITH ALL
OTHER APPLICABLE REQUIREMENTS OF THE DECLARATION, BYLAWS, AND
RULES; AND

(II) HAS WRITTEN APPROVAL FROM THE UNIT OWNER.

(B) THE COUNCIL OF UNIT OWNERS OR BOARD OF DIRECTORS OF A
CONDOMINIUM MAY NOT DISCRIMINATE AGAINST A UNIT USED AS A FAMILY
DAY CARE HOME IN THE ENFORCEMENT OF THE DECLARATION, BYLAWS, OR
RULES OF THE CONDOMINIUM.

11B-111.1.

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