Ch. 491

LAWS OF MARYLAND

(A) A PROVISION OF THE DECLARATION, RECORDED COVENANTS AND
RESTRICTIONS, BYLAWS, OR RULES OF A HOMEOWNERS ASSOCIATION 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 ON A LOT BY:

(1) THE OWNER OF THE LOT; OR

(2) A TENANT WHO:

(I) IS LEASING THE LOT IN CONFORMITY WITH ALL

OTHER APPLICABLE REQUIREMENTS OF THE DECLARATION, RECORDED

COVENANTS AND RESTRICTIONS, BYLAWS AND RULES; AND

(II) HAS WRITTEN APPROVAL FROM THE OWNER OF THE
LOT.

(B) A HOMEOWNERS ASSOCIATION MAY NOT DISCRIMINATE AGAINST A
LOT USED AS A FAMILY DAY CARE HOME IN THE ENFORCEMENT OF THE
DECLARATION, RECORDED COVENANTS AND RESTRICTIONS, BYLAWS, OR
RULES OF THE ASSOCIATION.

(A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2) "DAY CARE PROVIDER" MEANS THE ADULT WHO HAS
PRIMARY RESPONSIBILITY FOR THE OPERATION OF A FAMILY DAY CARE
HOME.

(3) "FAMILY DAY CARE HOME" MEANS A UNIT REGISTERED
UNDER TITLE 5, SUBTITLE 5 OF THE FAMILY LAW ARTICLE.

(B) THIS SECTION DOES NOT APPLY TO A CONDOMINIUM THAT IS
LIMITED TO HOUSING FOR OLDER PERSONS, AS DEFINED UNDER THE
FEDERAL FAIR HOUSING ACT.

(C) (1) SUBJECT TO THE PROVISIONS OF SUBSECTIONS (D) AND
(E)(1) OF THIS SECTION, A RECORDED COVENANT OR RESTRICTION, A
PROVISION IN A DECLARATION, OR A PROVISION OF THE BYLAWS OR RULES
OF A CONDOMINIUM THAT PROHIBITS OR RESTRICTS COMMERCIAL OR
BUSINESS ACTIVITY IN GENERAL, BUT DOES NOT EXPRESSLY APPLY TO
FAMILY DAY CARE HOMES, MAY NOT BE CONSTRUED TO PROHIBIT OR
RESTRICT:

(I) THE ESTABLISHMENT AND OPERATION OF FAMILY
DAY CARE HOMES; OR

(II) USE OF THE ROADS, SIDEWALKS, AND OTHER
COMMON ELEMENTS OF THE CONDOMINIUM BY USERS OF THE FAMILY DAY
CARE HOME.

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