Ch. 492

LAWS OF MARYLAND

(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 SUBSECTION (D)(1)
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:

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

(2) USE BY CUSTOMERS OF THE FAMILY DAY CARE HOME AND
CHILDREN ATTENDING THE FAMILY DAY CARE HOME OF THE ROADS,
SIDEWALKS, AND OTHER COMMON AREAS OF THE DEVELOPMENT NECESSARY
FOR ORDINARY INGRESS AND EGRESS TO THE FAMILY DAY CARE HOME.

(D) EXCEPT FOR THOSE COMMON AREAS DESCRIBED UNDER

SUBSECTION (C)(2) OF THIS SECTION, A CONDOMINIUM MAY REQUIRE A

DAY CARE PROVIDER TO PAY REASONABLE USER FEES FOR THE USE OF THE
COMMON AREAS BY THE CHILDREN OF THE FAMILY DAY CARE HOME.

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

(2) SUBJECT TO THE PROVISIONS OF SUBSECTION
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.

(E) (1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS

SUBSECTION, A CONDOMINIUM MAY INCLUDE IN ITS RECORDED COVENANTS

AND RESTRICTIONS, BYLAWS, RULES, OR DECLARATION A PROVISION
EXPRESSLY PROHIBITING THE USE OF A RESIDENCE AS A FAMILY DAY CARE
HOME.

(2) (I) IN ORDER TO BE EFFECTIVE, A PROVISION IN THE
BYLAWS OR RULE OF A HOMEOWNERS ASSOCIATION PROHIBITING THE USE
OF UNITS AS FAMILY DAY CARE HOMES SHALL BE APPROVED BY THE
ELIGIBLE VOTERS OF THE CONDOMINIUM BY A SIMPLE MAJORITY OF THE
VOTES CAST.

(II) THE VOTE UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL BE CONDUCTED IN ACCORDANCE WITH THE TERMS OF THE
BYLAWS AND RULES, EXCEPT THAT THE ELIGIBLE VOTERS SHALL BE
ENTITLED TO VOTE BY ORDINARY MAIL.

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