WILLIAM DONALD SCHAEFER, Governor Ch.   491

(E) A HOMEOWNERS ASSOCIATION MAY INCLUDE IN ITS

DECLARATION, BYLAWS, RULES, OR RECORDED COVENANTS AND
RESTRICTIONS A PROVISION THAT:

(1) REGULATES THE NUMBER OR PERCENTAGE OF FAMILY DAY
CARE HOMES OPERATING IN THE HOMEOWNERS ASSOCIATION, PROVIDED THAT
THE PERCENTAGE OF FAMILY DAY CARE HOMES PERMITTED MAY NOT BE LESS
THAN 7.5 PERCENT OF THE TOTAL RESIDENCES OF THE HOMEOWNERS
ASSOCIATION.

(2) REQUIRES DAY CARE PROVIDERS TO PAY ON A PRO RATA
BASIS BASED ON THE TOTAL NUMBER OF FAMILY DAY CARE HOMES
OPERATING IN THE HOMEOWNERS ASSOCIATION ANY INCREASE IN INSURANCE
COSTS OF THE HOMEOWNERS ASSOCIATION THAT ARE SOLELY AND DIRECTLY
ATTRIBUTABLE TO THE OPERATION OF FAMILY DAY CARE HOMES IN THE
HOMEOWNERS ASSOCIATION; AND

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

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

(G) (1) A DAY CARE PROVIDER IN A HOMEOWNERS ASSOCIATION:

(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 HOMEOWNERS ASSOCIATION 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.

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