WILLIAM DONALD SCHAEFER, Governor Ch. 491

(f) (1) "Development" means property subject to a
declaration.

(2) "Development" includes property comprising a
condominium or cooperative housing corporation to the extent that
the property is part of a development.

(3) "Development" does not include a cooperative
housing corporation or a condominium.

(g) (1) "Homeowners association" means a person having the
authority to enforce the provisions of a declaration.

(2) "Homeowners association" includes an incorporated
or unincorporated association.

(h) (1) "Lot" means any plot or parcel of land on which a
dwelling is located or will be located within a development.

(2) "Lot" includes a unit within a condominium or
cooperative housing corporation if the condominium or cooperative
housing corporation is part of a development.

(j) "Recorded covenants and restrictions" means any
instrument of writing which is recorded in the land records of
the jurisdiction within which a lot is located, and which
instrument governs or otherwise legally restricts the use of such
lot.

11B-111.1.

(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 HOMEOWNERS ASSOCIATION
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 HOMEOWNERS ASSOCIATION 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:

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