§ 11-111.1. Family child care homes and no-impact home-based businesses
West's Annotated Code of MarylandReal PropertyEffective: January 1, 2012
Effective: January 1, 2012
MD Code, Real Property, § 11-111.1
§ 11-111.1. Family child care homes and no-impact home-based businesses
(b)(1) The provisions of this section relating to family child care homes do not apply to a condominium that is limited to housing for older persons, as defined under the federal Fair Housing Act.1
(c)(1) Subject to the provisions of subsections (d) and (e)(1) of this section, a recorded covenant or restriction, a provision in a declaration, or a provision of the bylaws or rules of a condominium that prohibits or restricts commercial or business activity in general, but does not expressly apply to family child care homes or no-impact home-based businesses, may not be construed to prohibit or restrict:
(d)(1)(i) Subject to the provisions of paragraphs (2) and (3) of this subsection, a condominium may include in its declaration, bylaws, or rules and restrictions a provision expressly prohibiting the use of a unit as a family child care home or no-impact home-based business.
(2) A provision described under paragraph (1)(i) of this subsection expressly prohibiting the use of a unit as a family child care home or no-impact home-based business may not be enforced unless it is approved by a simple majority of the total eligible voters of the condominium under the voting procedures contained in the declaration or bylaws of the condominium.
(3) If a condominium includes in its declaration, bylaws, or rules and restrictions, a provision prohibiting the use of a unit as a family child care home or no-impact home-based business, it shall also include a provision stating that the prohibition may be eliminated and family child care homes or no-impact home-based businesses may be approved by a simple majority of the total eligible voters of the condominium under the voting procedures contained in the declaration or bylaws of the condominium.
(4) If a condominium includes in its declaration, bylaws, or rules and restrictions a provision expressly prohibiting the use of a unit as a family child care home or no-impact home-based business, the prohibition may be eliminated and family child care or no-impact home-based business activities may be permitted by the approval of a simple majority of the total eligible voters of the condominium under the voting procedures contained in the declaration or bylaws of the condominium.
(e) A condominium may include in its declaration, bylaws, or rules and restrictions a provision that:
(2) Requires child care providers to pay on a pro rata basis based on the total number of family child care homes operating in the condominium any increase in insurance costs of the condominium that are solely and directly attributable to the operation of family child care homes in the condominium; and
(f)(1) If the condominium regulates the number or percentage of family child care homes under subsection (e)(1) of this section, in order to assure compliance with the regulation, the condominium may require residents to notify the condominium before opening a family child care home.
(g)(1) A child care provider in a condominium:
(h) A condominium may restrict or prohibit a no-impact home-based business in any common elements.
Credits
Added by Acts 1989, c. 491, § 1, eff. July 1, 1989; Acts 1989, c. 492, § 1, eff. July 1, 1989. Amended by Acts 1997, c. 70, § 4, eff. Oct. 1, 1997; Acts 1998, c. 341, § 2, eff. July 1, 1998; Acts 2006, c. 44, § 5, eff. April 8, 2006; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2011, c. 564, § 3, eff. Jan. 1, 2012.
Footnotes
Pub.L. 90-284, Title VIII, Apr. 11, 1968, 82 Stat. 81, codified at 42 U.S.C.A. § 3601 et seq.
MD Code, Real Property, § 11-111.1, MD REAL PROP § 11-111.1
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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