Ch. 49 2                                           LAWS OF MARYLAND

(E) A CONDOMINIUM MAY INCLUDE IN ITS DECLARATION, BYLAWS,
OR RULES AND RESTRICTIONS A PROVISION THAT:

(1) REGULATES THE NUMBER OR PERCENTAGE OF FAMILY DAY
CARE HOMES OPERATING IN THE CONDOMINIUM, PROVIDED THAT THE
PERCENTAGE OF FAMILY DAY CARE HOMES PERMITTED MAY NOT BE LESS
THAN 7.5 PERCENT OF THE TOTAL UNITS OF THE CONDOMINIUM;

(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 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.

(G) A CONDOMINIUM MAY NOT:

(1) DISCRIMINATE AGAINST A UNIT USED AS A FAMILY DAY
CARE HOME IN THE ENFORCEMENT OF THE RECORDED COVENANTS AND
RESTRICTIONS, BYLAWS, RULES, OR DECLARATION OF THE CONDOMINIUM;
OR

(2) ARBITRARILY PROHIBIT OR RESTRICT THE

ESTABLISHMENT AND OPERATION OF A FAMILY DAY CARE HOME.

(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.

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

(1) (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

(2) (II) MAY NOT OPERATE WITHOUT THE LIABILITY
INSURANCE DESCRIBED UNDER PARAGRAPH (1) OF THIS SUBSECTION 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.

(I) (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.

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