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§ 2-121. Family child care homes

West's Annotated Code of MarylandReal PropertyEffective: January 1, 2012

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 2. Rules of Construction (Refs & Annos)
Effective: January 1, 2012
MD Code, Real Property, § 2-121
§ 2-121. Family child care homes
Currentness
Family child care home defined
(a) In this section, “family child care home” means a unit:
(1) Registered under Title 5, Subtitle 5 of the Family Law Article; and
(2) In which the family child care provider or one or more of the children cared for resides.
Application of section
(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.
Family child care home a residential activity
(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 child care homes, may not be construed to prohibit or restrict the establishment or operation of family child care homes.
(2) The operation of a family child care home shall be considered a residential activity for purposes of construing a covenant or restriction described in paragraph (1) of this subsection.
Exceptions
(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;
(2) A covenant or restriction imposed in connection with a loan made or purchased by the Community Development Administration under Title 4, Subtitle 2 of the Housing and Community Development Article; or
(3) A lease.

Credits

Added by Acts 1994, c. 7, § 1, eff. March 25, 1994. Amended by Acts 2005, c. 44, § 1, eff. Oct. 1, 2005; Acts 2011, c. 564, § 3, eff. Jan. 1, 2012.
MD Code, Real Property, § 2-121, MD REAL PROP § 2-121
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document