Ch. 491

LAWS OF MARYLAND

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

(II) USE OF THE ROADS, SIDEWALKS, AND OTHER
COMMON AREAS OF THE HOMEOWNERS ASSOCIATION BY USERS OF THE FAMILY
DAY CARE HOME.

(2) SUBJECT TO THE PROVISIONS OF SUBSECTIONS (D) AND
(E)(1) OF THIS SECTION, THE OPERATION OF A FAMILY DAY CARE HOME
SHALL BE:

(I) CONSIDERED A RESIDENTIAL ACTIVITY; AND

(II) A PERMITTED ACTIVITY.

(D) (1) (I) SUBJECT TO THE PROVISIONS OF PARAGRAPHS (2) AND
(3) OF THIS SUBSECTION, A HOMEOWNERS ASSOCIATION MAY INCLUDE IN
ITS DECLARATION, BYLAWS, OR RECORDED COVENANTS AND RESTRICTIONS A
PROVISION EXPRESSLY PROHIBITING THE USE OF A RESIDENCE AS A
FAMILY DAY CARE HOME.

(II) A PROVISION DESCRIBED UNDER SUBPARAGRAPH
(I) OF THIS PARAGRAPH EXPRESSLY PROHIBITING THE USE OF A
RESIDENCE AS A FAMILY DAY CARE HOME SHALL APPLY TO AN EXISTING
FAMILY DAY CARE HOME IN THE HOMEOWNERS ASSOCIATION.

(2) A PROVISION DESCRIBED UNDER PARAGRAPH (1)(I) OF
THIS SUBSECTION EXPRESSLY PROHIBITING THE USE OF A RESIDENCE AS A
FAMILY DAY CARE HOME MAY NOT BE ENFORCED UNLESS IT IS APPROVED BY
A SIMPLE MAJORITY OF THE TOTAL ELIGIBLE VOTERS OF THE HOMEOWNERS
ASSOCIATION UNDER THE VOTING PROCEDURES CONTAINED IN THE
DECLARATION OF BYLAWS OF THE HOMEOWNERS ASSOCIATION.

(3) IF A HOMEOWNERS ASSOCIATION INCLUDES IN ITS
DECLARATION, BYLAWS, OR RECORDED COVENANTS AND RESTRICTIONS A
PROVISION PROHIBITING THE USE OF A RESIDENCE AS A FAMILY DAY CARE
HOME, IT SHALL ALSO INCLUDE A PROVISION STATING THAT THE
PROHIBITION MAY BE ELIMINATED AND FAMILY DAY CARE HOMES MAY BE
APPROVED BY A SIMPLE MAJORITY OF THE TOTAL ELIGIBLE VOTERS OF THE
HOMEOWNERS ASSOCIATION UNDER THE VOTING PROCEDURES CONTAINED IN
THE DECLARATION OR BYLAWS OF THE HOMEOWNERS ASSOCIATION.

(4) IF A HOMEOWNERS ASSOCIATION INCLUDES IN ITS
DECLARATION, BYLAWS, OR RECORDED COVENANTS AND RESTRICTIONS A
PROVISION EXPRESSLY PROHIBITING THE USE OF A RESIDENCE AS A
FAMILY DAY CARE HOME, THE PROHIBITION MAY BE ELIMINATED AND
FAMILY DAY CARE MAY BE PERMITTED BY THE APPROVAL OF A SIMPLE
MAJORITY OF THE TOTAL ELIGIBLE VOTERS OF THE HOMEOWNERS
ASSOCIATION UNDER THE VOTING PROCEDURES CONTAINED IN THE
DECLARATION OR BYLAWS OF THE HOMEOWNERS ASSOCIATION.

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