WILLIAM DONALD SCHAEFER, Governor Ch. 492

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 HOMEOWNERS ASSOCIATION 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 AREAS OF THE CONDOMINIUM HOMEOWNERS ASSOCIATION 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 HOMEOWNERS ASSOCIATION 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 RULES OF A HOMEOWNERS ASSOCIATION PROHIBITING THE USE
OF RESIDENCES AS FAMILY DAY CARE HOMES SHALL BE APPROVED BY THE
ELIGIBLE VOTERS OF THE HOMEOWNERS ASSOCIATION 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.

(III) RESIDENTS OF MULTIFAMILY DWELLINGS, NOT
DEFINED AS A TOWN HOUSE DWELLING, ARE INELIGIBLE TO VOTE IN AN
ELECTION DESCRIBED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.

(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.

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