Ch. 491                                           LAWS OF MARYLAND

OPERATING IN THE CONDOMINIUM ANY INCREASE IN INSURANCE COSTS OF
THE CONDOMINIUM THAT ARE SOLELY AND DIRECTLY ATTRIBUTABLE TO THE
OPERATION OF FAMILY DAY CARE HOMES IN THE CONDOMINIUM; AND

(3) IMPOSES A FEE FOR USE OF COMMON ELEMENTS IN A
REASONABLE AMOUNT NOT TO EXCEED $50 PER YEAR ON EACH FAMILY DAY
CARE HOME WHICH IS REGISTERED AND OPERATING IN THE CONDOMINIUM.

(F) IF THE CONDOMINIUM REGULATES THE NUMBER OR PERCENTAGE
OF FAMILY DAY CARE HOMES UNDER SUBSECTION (E)(1) OF THIS SECTION,
IN ORDER TO ASSURE COMPLIANCE WITH THE REGULATION, THE
CONDOMINIUM MAY REQUIRE RESIDENTS TO NOTIFY THE CONDOMINIUM
BEFORE OPENING A FAMILY DAY CARE HOME.

(G) (1) A DAY CARE PROVIDER IN A CONDOMINIUM:

(I) SHALL OBTAIN THE LIABILITY INSURANCE
DESCRIBED UNDER ARTICLE 48A, § 481D OF THE CODE IN AT LEAST THE
MINIMUM AMOUNT DESCRIBED UNDER THAT STATUTE; AND

(II) MAY NOT OPERATE WITHOUT THE LIABILITY
INSURANCE DESCRIBED UNDER ITEM (I) OF THIS PARAGRAPH.

(2) A CONDOMINIUM MAY NOT REQUIRE A DAY CARE PROVIDER
TO OBTAIN INSURANCE IN AN AMOUNT GREATER THAN THE MINIMUM AMOUNT
REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION.

(H) TO THE EXTENT THAT THIS SECTION IS INCONSISTENT WITH
ANY OTHER PROVISION OF THIS SUBTITLE, THIS SECTION SHALL TAKE
PRECEDENCE OVER ANY INCONSISTENT PROVISION.

11B-101.

(b) "Common areas" means property which is owned or leased
by a homeowners association.

(d) (1) "Declaration" means an instrument, however

denominated, recorded among the land records of the county in
which the property of the declarant is located, that creates the
authority for a homeowners association to impose on lots, or on
the owners or occupants of lots, or on another homeowners
association, condominium, or cooperative housing corporation any
mandatory fee in connection with the provision of services or
otherwise for the benefit of some or all of the lots, the owners
or occupants of lots, or the common areas.

(2) "Declaration" includes any amendment or

supplement to the instruments described in paragraph (1) of this
subsection.

(3) "Declaration" does not include a private
right-of-way or similar agreement unless it requires a mandatory
fee payable annually or at more frequent intervals.

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