WILLIAM DONALD SCHAEFER, Governor

Ch. 7

Section 2-121

Annotated Code of Maryland

(1988 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Real Property

2-121.

(A)     IN THIS SECTION, "FAMILY DAY CARE HOME" MEANS A UNIT:

(1)      REGISTERED UNDER TITLE 5, SUBTITLE 5 OF THE FAMILY LAW
ARTICLE; AND

(2)      IN WHICH THE FAMILY DAY CARE PROVIDER OR ONE OR MORE OF
THE CHILDREN CARED FOR RESIDES.

(B)     THIS SECTION DOES NOT APPLY TO A RECORDED COVENANT OR
RESTRICTION AFFECTING PROPERTY THAT IS:

(1)      GOVERNED BY THE PROVISIONS OF TITLE 11B OF THIS ARTICLE;

(2)      PART OF A CONDOMINIUM REGIME GOVERNED BY TITLE 11 OF THIS
ARTICLE; OR

(3)      PART OF A COOPERATIVE HOUSING CORPORATION.

(C)      (1) A RECORDED COVENANT OR RESTRICTION IN A DEED 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 THE ESTABLISHMENT OR OPERATION OF
FAMILY DAY CARE HOMES.

(2) THE OPERATION OF A FAMILY DAY CARE HOME SHALL BE
CONSIDERED A RESIDENTIAL ACTIVITY FOR PURPOSES OF CONSTRUING A
COVENANT OR RESTRICTION DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION.

(D)     THE PROVISIONS OF THIS SECTION DO NOT APPLY TO:

(1)      A BUILDING CONTAINING MORE THAN FOUR DWELLING UNITS
LOCATED ON ONE PARCEL OF PROPERTY OR AT ONE LOCATION; OR

(2)      A COVENANT OR RESTRICTION IMPOSED IN CONNECTION WITH A
LOAN MADE OR PURCHASED BY THE COMMUNITY DEVELOPMENT
ADMINISTRATION UNDER ARTICLE 83B, TITLE 2, SUBTITLE 2 OF THE CODE; OR

(3)      A LEASE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed
retroactively and shall be applied to all recorded covenants and restrictions subject to this
Act.

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