Ch. 492                                           LAWS OF MARYLAND

(2) A PROVISION DESCRIBED UNDER PARAGRAPH (1)(I) OF
THIS SUBSECTION EXPRESSLY PROHIBITING THE USE OF A RESIDENCE AS A
FAMILY DAY CARE HOME MAY NOT BE ENFORCED UNLESS IT IS APPROVED BY
A SIMPLE MAJORITY OF THE TOTAL ELIGIBLE VOTERS OF THE HOMEOWNERS
ASSOCIATION UNDER THE VOTING PROCEDURES CONTAINED IN THE
DECLARATION OR BYLAWS OF THE HOMEOWNERS ASSOCIATION.

(3) IF A HOMEOWNERS ASSOCIATION INCLUDES IN ITS
DECLARATION, BYLAWS, OR RECORDED COVENANTS AND RESTRICTIONS A
PROVISION PROHIBITING THE USE OF A RESIDENCE AS A FAMILY DAY CARE
HOME, IT SHALL ALSO INCLUDE A PROVISION STATING THAT THE
PROHIBITION MAY BE ELIMINATED AND FAMILY DAY CARE HOMES MAY BE
APPROVED BY A SIMPLE MAJORITY OF THE TOTAL ELIGIBLE VOTERS OF THE
HOMEOWNERS ASSOCIATION UNDER THE VOTING PROCEDURES CONTAINED IN
THE DECLARATION OR BYLAWS OF THE HOMEOWNERS ASSOCIATION.

(4)  IF A HOMEOWNERS ASSOCIATION INCLUDES IN ITS
DECLARATION, BYLAWS, OR RECORDED COVENANTS AND RESTRICTIONS A
PROVISION EXPRESSLY PROHIBITING THE USE OF A RESIDENCE AS A
FAMILY DAY CARE HOME, THE PROHIBITION MAY BY ELIMINATED AND
FAMILY DAY CARE MAY BE PERMITTED BY THE APPROVAL OF A SIMPLE
MAJORITY OF THE TOTAL ELIGIBLE VOTERS OF THE HOMEOWNERS
ASSOCIATION UNDER THE VOTING PROCEDURES CONTAINED IN THE
DECLARATION OR BYLAWS OF THE HOMEOWNERS ASSOCIATION.

(F) A HOMEOWNERS ASSOCIATION MAY INCLUDE IN ITS RECORDED

COVENANTS AND RESTRICTIONS, BYLAWS, RULES, OR DECLARATION A

PROVISION THAT REASONABLY REGULATES:

(1) THE USE OF:

(I) A RESIDENCE AS A FAMILY DAY CARE HOME; AND

(II) THE COMMON AREAS BY THE CHILDREN ATTENDING
A FAMILY DAY ARE HOME AND THE DAY CARE PROVIDER; AND

(2) THE NUMBER OR PERCENTAGE OF FAMILY DAY CARE HOMES
ALLOWED IN THE DEVELOPMENT.

(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

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