WILLIAM DONALD SCHAEFER, Governor                    Ch. 492

ATTRIBUTABLE TO THE OPERATION OF FAMILY DAY CARE HOMES IN THE
HOMEOWNERS ASSOCIATION; AND

(3) IMPOSES A FEE FOR USE OF COMMON AREAS IN A
REASONABLE AMOUNT NOT TO EXCEED $50 PER YEAR ON EACH FAMILY DAY
CARE HOME WHICH IS REGISTERED AND OPERATING IN THE HOMEOWNERS
ASSOCIATION.

(G) A HOMEOWNERS ASSOCIATION MAY NOT:

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

(2) ARBITRARILY PROHIBIT OR RESTRICT THE

ESTABLISHMENT AND OPERATION OF A FAMILY DAY CARE HOME.

(F) IF THE HOMEOWNERS ASSOCIATION REGULATES THE NUMBER OR
PERCENTAGE OF FAMILY DAY CARE HOMES UNDER SUBSECTION (E)(1) OF
THIS SECTION, IN ORDER TO ASSURE COMPLIANCE WITH THIS REGULATION,
THE HOMEOWNERS ASSOCIATION MAY REQUIRE RESIDENTS TO NOTIFY THE
HOMEOWNERS ASSOCIATION BEFORE OPENING A FAMILY DAY CARE HOME.

(H) (G) (G) (1) A DAY CARE PROVIDER IN A HOMEOWNERS
ASSOCIATION:

(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 HOMEOWNERS ASSOCIATION 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 19, 1989.

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