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§ 23-101. Definitions

West's Annotated Code of MarylandCommercial LawEffective: October 1, 2017

West's Annotated Code of Maryland
Commercial Law
Title 23. Operating Agreements--Hotels and Retirement Communities
Effective: October 1, 2017
MD Code, Commercial Law, § 23-101
§ 23-101. Definitions
(a) In this title the following words have the meanings indicated.
(b) “Hotel” means a hotel or motel with more than 30 rooms for rent that is primarily used by transients who are lodged with or without meals.
(c) “Operating agreement” means a written contract, agreement, instrument, or other document between at least two persons that relates to the management, operation, or franchise of a hotel or a retirement community.
(d) “Person” does not include an individual, a nonprofit entity, or a public instrumentality.
(e)(1) “Retirement community” means a senior living community, retirement community, assisted living community, continuing care retirement community, independent living community, or similar community that offers a combination of independent living, assisted living, or nursing.
(2) “Retirement community” does not include:
(i) A freestanding nursing home, as defined in § 19-1401 of the Health--General Article, that is licensed by the Maryland Department of Health;
(ii) A State facility, as defined in § 10-101 of the Health--General Article;
(iii) A program licensed by the Maryland Department of Health under Title 7 or Title 10 of the Health--General Article;
(iv) A freestanding hospice care program regulated by the Maryland Department of Health under Title 19, Subtitle 9 of the Health--General Article;
(v) A freestanding day care center for the elderly regulated by the Maryland Department of Health under Title 14, Subtitle 2 of the Health--General Article;
(vi) A retirement community that is owned by or affiliated with a church or religious organization;
(vii) A cooperative housing corporation organized under Title 5, Subtitle 6B of the Corporations and Associations Article and certified as a continuing care provider under Title 10, Subtitle 4 of the Human Services Article and separate entities certified as continuing care providers under Title 10, Subtitle 4 of the Human Services Article that provide services to residents of a cooperative housing corporation; or
(viii) A condominium organized under Title 11 of the Real Property Article and certified as a continuing care provider under Title 10, Subtitle 4 of the Human Services Article and separate entities certified as continuing care providers under Title 10, Subtitle 4 of the Human Services Article that provide services to residents of a condominium.

Credits

Added by Acts 2004, c. 292, § 1, eff. Oct. 1, 2004. Amended by Acts 2007, c. 8, § 1, eff. Oct. 1, 2007; Acts 2008, c. 36, § 1, eff. April 8, 2008; Acts 2013, c. 43, § 5; Acts 2017, c. 62, § 6; Acts 2017, c. 631, § 1, eff. Oct. 1, 2017.
MD Code, Commercial Law, § 23-101, MD COML § 23-101
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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