Ch. 492                                           LAWS OF MARYLAND

(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.

(4) "MULTIFAMILY DWELLING" MEANS A BUILDING

CONTAINING MORE THAN 2 DWELLING UNITS.

(5) "SINGLE FAMILY DWELLING" MEANS A BUILDING

CONTAINING 1 DWELLING UNIT.

(6) "TOWN HOUSE DWELLING" MEANS A MULTIFAMILY

DWELLING CONTAINING DWELLING UNITS SIDE BY SIDE, WITH NO DWELLING
UNIT ABOVE OR BELOW ANOTHER.

(7) "TWO FAMILY DWELLING" MEANS A BUILDING CONTAINING
2 DWELLING UNITS.

(B)(1) THIS SECTION APPLIES ONLY TO A CONDOMINIUM OR PART
OF A HOMEOWNERS ASSOCIATION CONTAINING SINGLE FAMILY DWELLINGS,
TWO FAMILY DWELLINGS, OR TOWN HOUSE DWELLINGS.

(2) THIS SECTION DOES NOT APPLY TO A HOMEOWNERS
ASSOCIATION THAT:

(I) REQUIRES AT LEAST 1 RESIDENT OF A

RESIDENTIAL UNIT TO BE AT LEAST 50 YEARS OLD; OR

(II) PROHIBITS CHILDREN UNDER THE AGE OF 13
YEARS FROM RESIDING IN A RESIDENTIAL UNIT ON A PERMANENT BASIS.

(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 SUBSECTION (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 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:

(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,

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