| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0785* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 785 | |
| 11 | 8 | F1, N1, L6 5lr2580 | |
| 12 | 9 | HB 831/24 – ENT | |
| 13 | 10 | By: Delegates Feldmark, Ebersole, Guyton, Guzzone, Hill, D. Jones, McCaskill, | |
| 14 | 11 | Terrasa, and Ziegler | |
| 15 | 12 | Introduced and read first time: January 29, 2025 | |
| 16 | 13 | Assigned to: Environment and Transportation | |
| 17 | - | Committee Report: Favorable | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: February 27, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Common Ownership Communities and Zoning Authorities – Operation of 2 | |
| 26 | 20 | Family Child Care Homes – Limitations 3 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of prohibiting a provision in certain documents of certain cooperative 4 | |
| 29 | 23 | housing corporations from prohibiting or restricting the establishment or operation 5 | |
| 30 | 24 | of certain family child care homes, subject to certain provisions of law; prohibiting a 6 | |
| 31 | 25 | provision in certain documents of certain cooperative housing corporations from 7 | |
| 32 | 26 | limiting the number of children for which certain family child care homes provide 8 | |
| 33 | 27 | family child care below a certain number; prohibiting a local jurisdiction in the State 9 | |
| 34 | 28 | from limiting the number of children for which certain family child care homes 10 | |
| 35 | 29 | provide family child care below a certain number by local ordinance, resolution, law, 11 | |
| 36 | 30 | or rule; repealing the authority of certain condominium associations and certain 12 | |
| 37 | 31 | homeowners associations to include a provision in their governing documents that 13 | |
| 38 | 32 | prohibits the establishment or operation of certain family child care homes, subject 14 | |
| 39 | 33 | to certain provisions of law; prohibiting a provision in certain documents of certain 15 | |
| 40 | 34 | condominium associations or certain homeowners associations from limiting the 16 | |
| 41 | 35 | number of children for which certain family child care homes provide family child 17 | |
| 42 | 36 | care below a certain number; and generally relating to common ownership 18 | |
| 43 | 37 | communities and zoning and the operation of family child care homes. 19 | |
| 44 | 38 | ||
| 45 | 39 | BY adding to 20 | |
| 46 | 40 | Article – Corporations and Associations 21 | |
| 47 | 41 | Section 5–6B–22.1 22 | |
| 48 | - | Annotated Code of Maryland 23 2 HOUSE BILL 785 | |
| 42 | + | Annotated Code of Maryland 23 | |
| 43 | + | (2014 Replacement Volume and 2024 Supplement) 24 | |
| 44 | + | ||
| 45 | + | BY repealing and reenacting, without amendments, 25 | |
| 46 | + | Article – Education 26 | |
| 47 | + | Section 9.5–301(a) and (e) through (g) 27 | |
| 48 | + | Annotated Code of Maryland 28 2 HOUSE BILL 785 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | ( | |
| 51 | + | (2022 Replacement Volume and 2024 Supplement) 1 | |
| 52 | 52 | ||
| 53 | - | BY repealing and reenacting, | |
| 54 | - | Article – | |
| 55 | - | Section | |
| 53 | + | BY repealing and reenacting, with amendments, 2 | |
| 54 | + | Article – Land Use 3 | |
| 55 | + | Section 1–401 and 10–103 4 | |
| 56 | 56 | Annotated Code of Maryland 5 | |
| 57 | - | ( | |
| 57 | + | (2012 Volume and 2024 Supplement) 6 | |
| 58 | 58 | ||
| 59 | - | BY | |
| 59 | + | BY adding to 7 | |
| 60 | 60 | Article – Land Use 8 | |
| 61 | - | Section | |
| 61 | + | Section 4–216 9 | |
| 62 | 62 | Annotated Code of Maryland 10 | |
| 63 | 63 | (2012 Volume and 2024 Supplement) 11 | |
| 64 | 64 | ||
| 65 | - | BY | |
| 66 | - | Article – | |
| 67 | - | Section | |
| 65 | + | BY repealing and reenacting, with amendments, 12 | |
| 66 | + | Article – Real Property 13 | |
| 67 | + | Section 11–111.1 and 11B–111.1 14 | |
| 68 | 68 | Annotated Code of Maryland 15 | |
| 69 | - | ( | |
| 69 | + | (2023 Replacement Volume and 2024 Supplement) 16 | |
| 70 | 70 | ||
| 71 | - | BY repealing and reenacting, with amendments, 17 | |
| 72 | - | Article – Real Property 18 | |
| 73 | - | Section 11–111.1 and 11B–111.1 19 | |
| 74 | - | Annotated Code of Maryland 20 | |
| 75 | - | (2023 Replacement Volume and 2024 Supplement) 21 | |
| 71 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
| 72 | + | That the Laws of Maryland read as follows: 18 | |
| 76 | 73 | ||
| 77 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 | |
| 78 | - | That the Laws of Maryland read as follows: 23 | |
| 74 | + | Article – Corporations and Associations 19 | |
| 79 | 75 | ||
| 80 | - | ||
| 76 | + | 5–6B–22.1. 20 | |
| 81 | 77 | ||
| 82 | - | 5–6B–22.1. 25 | |
| 78 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21 | |
| 79 | + | INDICATED. 22 | |
| 83 | 80 | ||
| 84 | - | ( | |
| 85 | - | ||
| 81 | + | (2) “FAMILY CHILD CARE HOM E” HAS THE MEANING STAT ED IN § 23 | |
| 82 | + | 9.5–301 OF THE EDUCATION ARTICLE. 24 | |
| 86 | 83 | ||
| 87 | - | ( | |
| 88 | - | 9.5–301 OF THE EDUCATION ARTICLE. | |
| 84 | + | (3) “FAMILY CHILD CARE PRO VIDER” HAS THE MEANING STAT ED IN § 25 | |
| 85 | + | 9.5–301 OF THE EDUCATION ARTICLE. 26 | |
| 89 | 86 | ||
| 90 | - | ( | |
| 91 | - | 9.5–301 OF THE EDUCATION ARTICLE. | |
| 87 | + | (4) “LARGE FAMILY CHILD CA RE HOME” HAS THE MEANING STAT ED 27 | |
| 88 | + | IN § 9.5–301 OF THE EDUCATION ARTICLE. 28 | |
| 92 | 89 | ||
| 93 | - | (4) “LARGE FAMILY CHILD CA RE HOME” HAS THE MEANING STAT ED 32 | |
| 94 | - | IN § 9.5–301 OF THE EDUCATION ARTICLE. 33 | |
| 95 | - | HOUSE BILL 785 3 | |
| 90 | + | (B) THIS SECTION DOES NOT APPLY TO A COOPERATI VE HOUSING 29 | |
| 91 | + | CORPORATION THAT IS RESTRICTED FOR OCCUPANCY TO INDIVIDUALS OVER A 30 | |
| 92 | + | SPECIFIED AGE. 31 | |
| 93 | + | ||
| 94 | + | (C) (1) SUBJECT TO THE PROVIS IONS OF SUBSECTIONS (D) THROUGH (F) 32 | |
| 95 | + | OF THIS SECTION , A PROVISION IN THE A RTICLES OF INCORPORA TION OR A 33 HOUSE BILL 785 3 | |
| 96 | 96 | ||
| 97 | 97 | ||
| 98 | - | (B) THIS SECTION DOES NOT APPLY TO A COOPERATI VE HOUSING 1 | |
| 99 | - | CORPORATION THAT IS RESTRICTED FOR OCCUPANCY TO INDIVIDUALS OVER A 2 | |
| 100 | - | SPECIFIED AGE. 3 | |
| 98 | + | PROPRIETARY LEASE OR A PROVISION OF THE B YLAWS OF A COOPERATI VE HOUSING 1 | |
| 99 | + | CORPORATION MAY NOT PROHIBIT OR RESTRICT : 2 | |
| 101 | 100 | ||
| 102 | - | (C) (1) SUBJECT TO THE PROVIS IONS OF SUBSECTIONS (D) THROUGH (F) 4 | |
| 103 | - | OF THIS SECTION , A PROVISION IN THE A RTICLES OF INCORPORA TION OR A 5 | |
| 104 | - | PROPRIETARY LEASE OR A PROVISION OF THE B YLAWS OF A COOPERATI VE HOUSING 6 | |
| 105 | - | CORPORATION MAY NOT PROHIBIT OR RESTRICT : 7 | |
| 101 | + | (I) THE ESTABLISHMENT AND OPERATION OF A FAMIL Y CHILD 3 | |
| 102 | + | CARE HOME OR LARGE FA MILY CHILD CARE HOME ; OR 4 | |
| 106 | 103 | ||
| 107 | - | (I) THE ESTABLISHMENT AND OPERATION OF A FAMIL Y CHILD 8 | |
| 108 | - | CARE HOME OR L ARGE FAMILY CHILD CA RE HOME; OR 9 | |
| 104 | + | (II) THE USE OF THE ROADS , SIDEWALKS, AND OTHER COMMON 5 | |
| 105 | + | ELEMENTS OF THE COOP ERATIVE HOUSING CORP ORATION BY USERS OF THE 6 | |
| 106 | + | FAMILY CHILD CARE HO ME OR LARGE FAMILY C HILD CARE HOME . 7 | |
| 109 | 107 | ||
| 110 | - | ( | |
| 111 | - | ||
| 112 | - | ||
| 108 | + | (2) SUBJECT TO THE PROVIS IONS OF SUBSECTION (D) OF THIS 8 | |
| 109 | + | SECTION, THE OPERATION OF A F AMILY CHILD CARE HOM E OR LARGE FAMILY CH ILD 9 | |
| 110 | + | CARE HOME SHALL BE : 10 | |
| 113 | 111 | ||
| 114 | - | (2) SUBJECT TO THE PROVIS IONS OF SUBSECTIO N (D) OF THIS 13 | |
| 115 | - | SECTION, THE OPERATION OF A F AMILY CHILD CARE HOM E OR LARGE FAMILY CH ILD 14 | |
| 116 | - | CARE HOME SHALL BE : 15 | |
| 112 | + | (I) CONSIDERED A RESIDENT IAL ACTIVITY; AND 11 | |
| 117 | 113 | ||
| 118 | - | ( | |
| 114 | + | (II) A PERMITTED ACTIVITY . 12 | |
| 119 | 115 | ||
| 120 | - | (II) A PERMITTED ACTIVITY . 17 | |
| 116 | + | (3) A PROVISION IN THE ART ICLES OF INCORPORATI ON OR A 13 | |
| 117 | + | PROPRIETARY LEASE OR A PROVISION OF THE B YLAWS OF A COOPERATI VE HOUSING 14 | |
| 118 | + | CORPORATION MAY NOT LIMIT THE NUMBER OF CHILDREN FOR WHICH A FAMILY 15 | |
| 119 | + | CHILD CARE HOME OR L ARGE FAMILY CHILD CA RE HOME PROVIDES FAM ILY CHILD 16 | |
| 120 | + | CARE TO BELOW THE NU MBER AUTHORIZED BY T HE STATE DEPARTMENT OF 17 | |
| 121 | + | EDUCATION. 18 | |
| 121 | 122 | ||
| 122 | - | (3) A PROVISION IN THE ART ICLES OF INCORPORATI ON OR A 18 | |
| 123 | - | PROPRIETARY LE ASE OR A PROVISION O F THE BYLAWS OF A CO OPERATIVE HOUSING 19 | |
| 124 | - | CORPORATION MAY NOT LIMIT THE NUMBER OF CHILDREN FOR WHICH A FAMILY 20 | |
| 125 | - | CHILD CARE HOME OR L ARGE FAMILY CHILD CA RE HOME PROVIDES FAM ILY CHILD 21 | |
| 126 | - | CARE TO BELOW THE NU MBER AUTHORIZED BY T HE STATE DEPARTMENT OF 22 | |
| 127 | - | EDUCATION. 23 | |
| 123 | + | (D) A COOPERATIVE HOUSING CORPORATION MAY INCL UDE IN THE 19 | |
| 124 | + | ARTICLES OF INCORPOR ATION OR A PROPRIETA RY LEASE OR THE BYLA WS A 20 | |
| 125 | + | PROVISION THAT : 21 | |
| 128 | 126 | ||
| 129 | - | (D) A COOPERATIVE HOUSING CORPORATION MAY INCL UDE IN THE 24 | |
| 130 | - | ARTICLES OF INCORPOR ATION OR A PROPRIETA RY LEASE OR THE BYLA WS A 25 | |
| 131 | - | PROVISION THAT : 26 | |
| 127 | + | (1) REQUIRES FAMILY CHILD CARE PROV IDERS TO PAY ON A PR O 22 | |
| 128 | + | RATA BASIS BASED ON THE TOTAL NUMBER OF FAMILY CHILD CARE HO MES OR 23 | |
| 129 | + | LARGE FAMILY CHILD C ARE HOMES OPERATING IN THE COOPERATIVE H OUSING 24 | |
| 130 | + | CORPORATION ANY INCR EASE IN INSURANCE CO STS OF THE COOPERATI VE HOUSING 25 | |
| 131 | + | CORPORATION THAT ARE SOLELY A ND DIRECTLY ATTRIBUT ABLE TO THE 26 | |
| 132 | + | OPERATION OF FAMILY CHILD CARE HOMES OR LARGE FAMILY CHILD C ARE HOMES 27 | |
| 133 | + | IN THE COOPERATIVE H OUSING CORPORATION ; AND 28 | |
| 132 | 134 | ||
| 133 | - | (1) REQUIRES FAMILY CHILD CARE PROVIDERS TO PA Y ON A PRO 27 | |
| 134 | - | RATA BASIS BASED ON THE TOTAL NUMBER OF FAMILY CHILD CARE HO MES OR 28 | |
| 135 | - | LARGE FAMILY CHILD C ARE HOMES OPERATING IN THE COOPERATIVE H OUSING 29 | |
| 136 | - | CORPORATION ANY INCR EASE IN INSURANCE CO STS OF THE COOPERATI VE HOUSING 30 | |
| 137 | - | CORPORATION THAT ARE SOLELY AND DIRECTLY ATTRIBUTABLE TO THE 31 | |
| 138 | - | OPERATION OF FAMILY CHILD CARE HOMES OR LARGE FAMIL Y CHILD CARE HOMES 32 | |
| 139 | - | IN THE COOPERATIVE H OUSING CORPORATION ; AND 33 | |
| 135 | + | (2) IMPOSES A FEE FOR USE OF COMMON ELEMENTS I N A 29 | |
| 136 | + | REASONABLE AMOUNT NO T TO EXCEED $50 PER YEAR ON EACH FAM ILY CHILD CARE 30 | |
| 137 | + | HOME OR LARGE FAMILY CHILD CARE HOME THAT IS REGISTERED AND OP ERATING 31 | |
| 138 | + | IN THE COOPERATIVE H OUSING CORPORATION . 32 | |
| 140 | 139 | 4 HOUSE BILL 785 | |
| 141 | 140 | ||
| 142 | 141 | ||
| 143 | - | (2) IMPOSES A FEE FOR USE OF COMMON ELEMENTS I N A 1 | |
| 144 | - | REASONABLE AMOUNT NO T TO EXCEED $50 PER YEAR ON EACH FAM ILY CHILD CARE 2 | |
| 145 | - | HOME OR LARGE FAMILY CHILD CARE HOME THAT IS REGISTERED AND OPERATIN G 3 | |
| 146 | - | IN THE COOPERATIVE H OUSING CORPORATION . 4 | |
| 142 | + | (E) THE COOPERATIVE HOUSI NG CORPORATION MAY R EQUIRE RESIDENTS 1 | |
| 143 | + | TO NOTIFY THE COOPER ATIVE HOUSING CORPOR ATION BEFORE OPENING A FAMILY 2 | |
| 144 | + | CHILD CARE HOME OR L ARGE FAMILY CHILD CA RE HOME. 3 | |
| 147 | 145 | ||
| 148 | - | (E) THE COOPERATIVE HOUSI NG CORPORATION MAY R EQUIRE RESIDENTS 5 | |
| 149 | - | TO NOTIFY THE COOPER ATIVE HOUSING CORPOR ATION BEFORE OPENING A FAMILY 6 | |
| 150 | - | CHILD CARE HOME OR L ARGE FAMILY CHILD CA RE HOME. 7 | |
| 146 | + | (F) (1) A FAMILY CHILD CARE PR OVIDER IN A COOPERAT IVE HOUSING 4 | |
| 147 | + | CORPORATION : 5 | |
| 151 | 148 | ||
| 152 | - | (F) (1) A FAMILY CHILD CARE PR OVIDER IN A COOPERAT IVE HOUSING 8 | |
| 153 | - | CORPORATION : 9 | |
| 149 | + | (I) SHALL OBTAIN THE LIAB ILITY INSURANCE DESC RIBED 6 | |
| 150 | + | UNDER §§ 19–106 AND 19–203 OF THE INSURANCE ARTICLE IN AT LEAST T HE 7 | |
| 151 | + | MINIMUM AMOUNTS DESC RIBED UNDER THOSE ST ATUTES; AND 8 | |
| 154 | 152 | ||
| 155 | - | (I) SHALL OBTAIN THE LIAB ILITY INSURANCE DESC RIBED 10 | |
| 156 | - | UNDER §§ 19–106 AND 19–203 OF THE INSURANCE ARTICLE IN AT LEAST T HE 11 | |
| 157 | - | MINIMUM AMOUNTS DESC RIBED UNDER THOSE ST ATUTES; AND 12 | |
| 153 | + | (II) MAY NOT OPERATE WITHO UT THE LIABILITY INS URANCE 9 | |
| 154 | + | DESCRIBED UNDER ITEM (I) OF THIS PARAGRAPH . 10 | |
| 158 | 155 | ||
| 159 | - | (II) MAY NOT OPERATE WITHOUT TH E LIABILITY INSURANC E 13 | |
| 160 | - | DESCRIBED UNDER ITEM (I) OF THIS PARAGRAPH . 14 | |
| 156 | + | (2) A COOPERATIVE HOUSING CORPORATION MAY NOT REQUIRE A 11 | |
| 157 | + | FAMILY CHILD CARE PR OVIDER TO OBTAIN INS URANCE IN AN AMOUNT GREA TER 12 | |
| 158 | + | THAN THE MINIMUM AMO UNT REQUIRED UNDER P ARAGRAPH (1) OF THIS 13 | |
| 159 | + | SUBSECTION. 14 | |
| 161 | 160 | ||
| 162 | - | (2) A COOPERATIVE HOUSING CORPORATION MAY NOT REQUIRE A 15 | |
| 163 | - | FAMILY CHILD CARE PR OVIDER TO OBTAIN INS URANCE IN AN AMOUNT GREATER 16 | |
| 164 | - | THAN THE MINIMUM AMO UNT REQUIRED UNDER P ARAGRAPH (1) OF THIS 17 | |
| 165 | - | SUBSECTION. 18 | |
| 161 | + | Article – Education 15 | |
| 166 | 162 | ||
| 167 | - | ||
| 163 | + | 9.5–301. 16 | |
| 168 | 164 | ||
| 169 | - | ||
| 165 | + | (a) In this subtitle the following words have the meanings indicated. 17 | |
| 170 | 166 | ||
| 171 | - | (a) In this subtitle the following words have the meanings indicated. 21 | |
| 167 | + | (e) “Family child care home” means a residence in which family child care is 18 | |
| 168 | + | provided for up to eight children. 19 | |
| 172 | 169 | ||
| 173 | - | ( | |
| 174 | - | ||
| 170 | + | (f) “Family child care provider” means an individual who cares for children in a 20 | |
| 171 | + | registered family child care home or a registered large family child care home. 21 | |
| 175 | 172 | ||
| 176 | - | ( | |
| 177 | - | ||
| 173 | + | (g) “Large family child care home” means a residence in which family child care 22 | |
| 174 | + | is provided for at least nine children, but not more than 12 children. 23 | |
| 178 | 175 | ||
| 179 | - | (g) “Large family child care home” means a residence in which family child care 26 | |
| 180 | - | is provided for at least nine children, but not more than 12 children. 27 | |
| 176 | + | Article – Land Use 24 | |
| 181 | 177 | ||
| 182 | - | ||
| 178 | + | 1–401. 25 | |
| 183 | 179 | ||
| 184 | - | 1–401. 29 | |
| 180 | + | (a) Except as provided in this section, this division does not apply to charter 26 | |
| 181 | + | counties. 27 | |
| 185 | 182 | ||
| 186 | - | (a) Except as provided in this section, this division does not apply to charter 30 | |
| 187 | - | counties. 31 HOUSE BILL 785 5 | |
| 183 | + | (b) The following provisions of this division apply to a charter county: 28 | |
| 184 | + | ||
| 185 | + | (1) this subtitle, including Parts II and III (Charter county – 29 | |
| 186 | + | Comprehensive plans); 30 | |
| 187 | + | HOUSE BILL 785 5 | |
| 188 | + | ||
| 189 | + | ||
| 190 | + | (2) § 1–101(l), (m), and (o) (Definitions – “Plan”, “Priority funding area”, 1 | |
| 191 | + | and “Sensitive area”); 2 | |
| 192 | + | ||
| 193 | + | (3) § 1–201 (Visions); 3 | |
| 194 | + | ||
| 195 | + | (4) § 1–206 (Required education); 4 | |
| 196 | + | ||
| 197 | + | (5) § 1–207 (Annual report – In general); 5 | |
| 198 | + | ||
| 199 | + | (6) § 1–208 (Annual report – Measures and indicators); 6 | |
| 200 | + | ||
| 201 | + | (7) Title 1, Subtitle 3 (Consistency); 7 | |
| 202 | + | ||
| 203 | + | (8) Title 1, Subtitle 5 (Growth Tiers); 8 | |
| 204 | + | ||
| 205 | + | (9) § 4–104(c) (Limitations – Bicycle parking); 9 | |
| 206 | + | ||
| 207 | + | (10) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 10 | |
| 208 | + | ||
| 209 | + | (11) § 4–208 (Exceptions – Maryland Accessibility Code); 11 | |
| 210 | + | ||
| 211 | + | (12) § 4–210 (Permits and variances – Solar panels); 12 | |
| 212 | + | ||
| 213 | + | (13) § 4–211 (Change in zoning classification – Energy generating systems); 13 | |
| 214 | + | ||
| 215 | + | (14) § 4–212 (Agritourism); 14 | |
| 216 | + | ||
| 217 | + | (15) § 4–213 (Alcohol production); 15 | |
| 218 | + | ||
| 219 | + | (16) § 4–214 (Agricultural alcohol production); 16 | |
| 220 | + | ||
| 221 | + | (17) § 4–215 (Pollinator–friendly vegetation management); 17 | |
| 222 | + | ||
| 223 | + | (18) § 4–216 (LIMITATIONS – FAMILY CHILD CARE HOM ES AND LARGE 18 | |
| 224 | + | FAMILY CHILD CARE HO MES); 19 | |
| 225 | + | ||
| 226 | + | (19) § 5–102(d) (Subdivision regulations – Burial sites); 20 | |
| 227 | + | ||
| 228 | + | [(19)] (20) § 5–104 (Major subdivision – Review); 21 | |
| 229 | + | ||
| 230 | + | [(20)] (21) Title 7, Subtitle 1 (Development Mechanisms); 22 | |
| 231 | + | ||
| 232 | + | [(21)] (22) Title 7, Subtitle 2 (Transfer of Development Rights); 23 | |
| 233 | + | ||
| 234 | + | [(22)] (23) except in Montgomery County or Prince George’s County, Title 24 | |
| 235 | + | 7, Subtitle 3 (Development Rights and Responsibilities Agreements); 25 6 HOUSE BILL 785 | |
| 188 | 236 | ||
| 189 | 237 | ||
| 190 | 238 | ||
| 191 | - | ( | |
| 239 | + | [(23)] (24) Title 7, Subtitle 4 (Inclusionary Zoning); 1 | |
| 192 | 240 | ||
| 193 | - | (1) this subtitle, including Parts II and III (Charter county – 2 | |
| 194 | - | Comprehensive plans); 3 | |
| 241 | + | [(24)] (25) Title 7, Subtitle 5 (Housing Expansion and Affordability); 2 | |
| 195 | 242 | ||
| 196 | - | (2) § 1–101(l), (m), and (o) (Definitions – “Plan”, “Priority funding area”, 4 | |
| 197 | - | and “Sensitive area”); 5 | |
| 243 | + | [(25)] (26) § 8–401 (Conversion of overhead facilities); 3 | |
| 198 | 244 | ||
| 199 | - | (3) § 1–201 (Visions); 6 | |
| 245 | + | [(26)] (27) for Baltimore County only, Title 9, Subtitle 3 (Single–County 4 | |
| 246 | + | Provisions – Baltimore County); 5 | |
| 200 | 247 | ||
| 201 | - | (4) § 1–206 (Required education); 7 | |
| 248 | + | [(27)] (28) for Frederick County only, Title 9, Subtitle 10 (Single–County 6 | |
| 249 | + | Provisions – Frederick County); 7 | |
| 202 | 250 | ||
| 203 | - | (5) § 1–207 (Annual report – In general); 8 | |
| 251 | + | [(28)] (29) for Howard County only, Title 9, Subtitle 13 (Single–County 8 | |
| 252 | + | Provisions – Howard County); 9 | |
| 204 | 253 | ||
| 205 | - | (6) § 1–208 (Annual report – Measures and indicators); 9 | |
| 254 | + | [(29)] (30) for Talbot County only, Title 9, Subtitle 18 (Single–County 10 | |
| 255 | + | Provisions – Talbot County); and 11 | |
| 206 | 256 | ||
| 207 | - | ( | |
| 257 | + | [(30)] (31) Title 11, Subtitle 2 (Civil Penalty). 12 | |
| 208 | 258 | ||
| 209 | - | ( | |
| 259 | + | (c) This section supersedes any inconsistent provision of Division II of this article. 13 | |
| 210 | 260 | ||
| 211 | - | ||
| 261 | + | 4–216. 14 | |
| 212 | 262 | ||
| 213 | - | (10) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 13 | |
| 263 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 15 | |
| 264 | + | INDICATED. 16 | |
| 214 | 265 | ||
| 215 | - | (11) § 4–208 (Exceptions – Maryland Accessibility Code); 14 | |
| 266 | + | (2) “FAMILY CHILD CARE HOM E” HAS THE MEANING STAT ED IN § 17 | |
| 267 | + | 9.5–301 OF THE EDUCATION ARTICLE. 18 | |
| 216 | 268 | ||
| 217 | - | (12) § 4–210 (Permits and variances – Solar panels); 15 | |
| 269 | + | (3) “LARGE FAMILY CHILD CA RE HOME” HAS THE MEANING STAT ED 19 | |
| 270 | + | IN § 9.5–301 OF THE EDUCATION ARTICLE. 20 | |
| 218 | 271 | ||
| 219 | - | (13) § 4–211 (Change in zoning classification – Energy generating systems); 16 | |
| 272 | + | (B) A LOCAL JURISDICTION MAY NOT, BY LOCAL ORDINANCE , RESOLUTION, 21 | |
| 273 | + | LAW, OR RULE, LIMIT THE NUMBER OF CHILDREN FOR WHICH A FAMILY CHILD CARE 22 | |
| 274 | + | HOME OR LARGE FAMILY CHILD CARE HOME PROV IDES FAMILY CHILD CA RE TO 23 | |
| 275 | + | BELOW THE NUMBER AUT HORIZED BY THE STATE DEPARTMENT OF EDUCATION. 24 | |
| 220 | 276 | ||
| 221 | - | ||
| 277 | + | 10–103. 25 | |
| 222 | 278 | ||
| 223 | - | (15) § 4–213 (Alcohol production); 18 | |
| 279 | + | (a) Except as provided in this section, this division does not apply to Baltimore 26 | |
| 280 | + | City. 27 | |
| 224 | 281 | ||
| 225 | - | (16) § 4–214 (Agricultural alcohol production); 19 | |
| 226 | - | ||
| 227 | - | (17) § 4–215 (Pollinator–friendly vegetation management); 20 | |
| 228 | - | ||
| 229 | - | (18) § 4–216 (LIMITATIONS – FAMILY CHILD CARE HOM ES AND LARGE 21 | |
| 230 | - | FAMILY CHILD CARE H OMES); 22 | |
| 231 | - | ||
| 232 | - | (19) § 5–102(d) (Subdivision regulations – Burial sites); 23 | |
| 233 | - | ||
| 234 | - | [(19)] (20) § 5–104 (Major subdivision – Review); 24 | |
| 235 | - | ||
| 236 | - | [(20)] (21) Title 7, Subtitle 1 (Development Mechanisms); 25 6 HOUSE BILL 785 | |
| 282 | + | (b) The following provisions of this division apply to Baltimore City: 28 HOUSE BILL 785 7 | |
| 237 | 283 | ||
| 238 | 284 | ||
| 239 | 285 | ||
| 240 | - | ||
| 286 | + | (1) this title; 1 | |
| 241 | 287 | ||
| 242 | - | [(22)] (23) except in Montgomery County or Prince George’s County, Title 2 | |
| 243 | - | 7, Subtitle 3 (Development Rights and Responsibilities Agreements); 3 | |
| 288 | + | (2) § 1–101(m) (Definitions – “Priority funding area”); 2 | |
| 244 | 289 | ||
| 245 | - | ||
| 290 | + | (3) § 1–101(o) (Definitions – “Sensitive area”); 3 | |
| 246 | 291 | ||
| 247 | - | ||
| 292 | + | (4) § 1–201 (Visions); 4 | |
| 248 | 293 | ||
| 249 | - | ||
| 294 | + | (5) § 1–206 (Required education); 5 | |
| 250 | 295 | ||
| 251 | - | [(26)] (27) for Baltimore County only, Title 9, Subtitle 3 (Single–County 7 | |
| 252 | - | Provisions – Baltimore County); 8 | |
| 296 | + | (6) § 1–207 (Annual report – In general); 6 | |
| 253 | 297 | ||
| 254 | - | [(27)] (28) for Frederick County only, Title 9, Subtitle 10 (Single–County 9 | |
| 255 | - | Provisions – Frederick County); 10 | |
| 298 | + | (7) § 1–208 (Annual report – Measures and indicators); 7 | |
| 256 | 299 | ||
| 257 | - | [(28)] (29) for Howard County only, Title 9, Subtitle 13 (Single–County 11 | |
| 258 | - | Provisions – Howard County); 12 | |
| 300 | + | (8) Title 1, Subtitle 3 (Consistency); 8 | |
| 259 | 301 | ||
| 260 | - | ||
| 261 | - | ||
| 302 | + | (9) Title 1, Subtitle 4, Parts II and III (Home Rule Counties – 9 | |
| 303 | + | Comprehensive Plans; Implementation); 10 | |
| 262 | 304 | ||
| 263 | - | ||
| 305 | + | (10) § 4–104(c) (Limitations – Bicycle parking); 11 | |
| 264 | 306 | ||
| 265 | - | ( | |
| 307 | + | (11) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 12 | |
| 266 | 308 | ||
| 267 | - | 4– | |
| 309 | + | (12) § 4–205 (Administrative adjustments); 13 | |
| 268 | 310 | ||
| 269 | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18 | |
| 270 | - | INDICATED. 19 | |
| 311 | + | (13) § 4–207 (Exceptions – Maryland Accessibility Code); 14 | |
| 271 | 312 | ||
| 272 | - | (2) “FAMILY CHILD CARE HOM E” HAS THE MEANING STAT ED IN § 20 | |
| 273 | - | 9.5–301 OF THE EDUCATION ARTICLE. 21 | |
| 313 | + | (14) § 4–210 (Permits and variances – Solar panels); 15 | |
| 274 | 314 | ||
| 275 | - | (3) “LARGE FAMILY CHILD CA RE HOME” HAS THE MEANING STAT ED 22 | |
| 276 | - | IN § 9.5–301 OF THE EDUCATION ARTICLE. 23 | |
| 315 | + | (15) § 4–211 (Change in zoning classification – Energy generating systems); 16 | |
| 277 | 316 | ||
| 278 | - | (B) A LOCAL JURISDICTION M AY NOT, BY LOCAL ORDINANCE , RESOLUTION, 24 | |
| 279 | - | LAW, OR RULE, LIMIT THE NUMBER OF CHILDREN FOR WHICH A FAMILY CHILD CARE 25 | |
| 280 | - | HOME OR LARGE FAMILY CHILD CARE HOME PROV IDES FAMILY CHILD CA RE TO 26 | |
| 281 | - | BELOW THE NUMBER AUT HORIZED BY THE STATE DEPARTMENT OF EDUCATION. 27 | |
| 317 | + | (16) § 4–215 (Pollinator–friendly vegetation management); 17 | |
| 282 | 318 | ||
| 283 | - | 10–103. 28 HOUSE BILL 785 7 | |
| 319 | + | (17) § 4–216 (LIMITATIONS – FAMILY CHILD CARE HOM ES AND LARGE 18 | |
| 320 | + | FAMILY CHILD CARE HO MES); 19 | |
| 321 | + | ||
| 322 | + | (18) § 5–102(d) (Subdivision regulations – Burial sites); 20 | |
| 323 | + | ||
| 324 | + | [(18)] (19) Title 7, Subtitle 1 (Development Mechanisms); 21 | |
| 325 | + | ||
| 326 | + | [(19)] (20) Title 7, Subtitle 2 (Transfer of Development Rights); 22 | |
| 327 | + | ||
| 328 | + | [(20)] (21) Title 7, Subtitle 3 (Development Rights and Responsibilities 23 | |
| 329 | + | Agreements); 24 | |
| 330 | + | 8 HOUSE BILL 785 | |
| 284 | 331 | ||
| 285 | 332 | ||
| 333 | + | [(21)] (22) Title 7, Subtitle 4 (Inclusionary Zoning); 1 | |
| 286 | 334 | ||
| 287 | - | (a) Except as provided in this section, this division does not apply to Baltimore 1 | |
| 288 | - | City. 2 | |
| 335 | + | [(22)] (23) Title 7, Subtitle 5 (Housing Expansion and Affordability); and 2 | |
| 289 | 336 | ||
| 290 | - | ( | |
| 337 | + | [(23)] (24) Title 11, Subtitle 2 (Civil Penalty). 3 | |
| 291 | 338 | ||
| 292 | - | ||
| 339 | + | Article – Real Property 4 | |
| 293 | 340 | ||
| 294 | - | ||
| 341 | + | 11–111.1. 5 | |
| 295 | 342 | ||
| 296 | - | ( | |
| 343 | + | (a) (1) In this section the following words have the meanings indicated. 6 | |
| 297 | 344 | ||
| 298 | - | (4) § 1–201 (Visions); 7 | |
| 345 | + | (2) [“Child care provider” means the adult who has primary responsibility 7 | |
| 346 | + | for the operation of a family child care home. 8 | |
| 299 | 347 | ||
| 300 | - | (5) § 1–206 (Required education); 8 | |
| 348 | + | (3)] “Family child care home” [means a unit registered under Title 5, 9 | |
| 349 | + | Subtitle 5 of the Family Law] HAS THE MEANING STAT ED IN § 9.5–301 OF THE 10 | |
| 350 | + | EDUCATION Article. 11 | |
| 301 | 351 | ||
| 302 | - | (6) § 1–207 (Annual report – In general); 9 | |
| 352 | + | (3) “FAMILY CHILD CARE PRO VIDER” HAS THE MEANING STATED IN § 12 | |
| 353 | + | 9.5–301 OF THE EDUCATION ARTICLE. 13 | |
| 303 | 354 | ||
| 304 | - | (7) § 1–208 (Annual report – Measures and indicators); 10 | |
| 355 | + | (4) “LARGE FAMILY CHILD CA RE HOME” HAS THE MEANING STAT ED 14 | |
| 356 | + | IN § 9.5–301 OF THE EDUCATION ARTICLE. 15 | |
| 305 | 357 | ||
| 306 | - | ( | |
| 358 | + | [(4)] (5) “No–impact home–based business” means a business that: 16 | |
| 307 | 359 | ||
| 308 | - | (9) Title 1, Subtitle 4, Parts II and III (Home Rule Counties – 12 | |
| 309 | - | Comprehensive Plans; Implementation); 13 | |
| 360 | + | (i) Is consistent with the residential character of the dwelling unit; 17 | |
| 310 | 361 | ||
| 311 | - | (10) § 4–104(c) (Limitations – Bicycle parking); 14 | |
| 362 | + | (ii) Is subordinate to the use of the dwelling unit for residential 18 | |
| 363 | + | purposes and requires no external modifications that detract from the residential 19 | |
| 364 | + | appearance of the dwelling unit; 20 | |
| 312 | 365 | ||
| 313 | - | (11) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 15 | |
| 366 | + | (iii) Uses no equipment or process that creates noise, vibration, glare, 21 | |
| 367 | + | fumes, odors, or electrical or electronic interference detectable by neighbors or that causes 22 | |
| 368 | + | an increase of common expenses that can be solely and directly attributable to a no–impact 23 | |
| 369 | + | home–based business; and 24 | |
| 314 | 370 | ||
| 315 | - | (12) § 4–205 (Administrative adjustments); 16 | |
| 371 | + | (iv) Does not involve use, storage, or disposal of any grouping or 25 | |
| 372 | + | classification of materials that the United States Secretary of Transportation or the State 26 | |
| 373 | + | or any local governing body designates as a hazardous material. 27 | |
| 316 | 374 | ||
| 317 | - | (13) § 4–207 (Exceptions – Maryland Accessibility Code); 17 | |
| 318 | - | ||
| 319 | - | (14) § 4–210 (Permits and variances – Solar panels); 18 | |
| 320 | - | ||
| 321 | - | (15) § 4–211 (Change in zoning classification – Energy generating systems); 19 | |
| 322 | - | ||
| 323 | - | (16) § 4–215 (Pollinator–friendly vegetation management); 20 | |
| 324 | - | ||
| 325 | - | (17) § 4–216 (LIMITATIONS – FAMILY CHILD CARE HOM ES AND LARGE 21 | |
| 326 | - | FAMILY CHILD CARE HO MES); 22 | |
| 327 | - | ||
| 328 | - | (18) § 5–102(d) (Subdivision regulations – Burial sites); 23 | |
| 329 | - | ||
| 330 | - | [(18)] (19) Title 7, Subtitle 1 (Development Mechanisms); 24 | |
| 331 | - | ||
| 332 | - | [(19)] (20) Title 7, Subtitle 2 (Transfer of Development Rights); 25 8 HOUSE BILL 785 | |
| 333 | - | ||
| 334 | - | ||
| 335 | - | ||
| 336 | - | [(20)] (21) Title 7, Subtitle 3 (Development Rights and Responsibilities 1 | |
| 337 | - | Agreements); 2 | |
| 338 | - | ||
| 339 | - | [(21)] (22) Title 7, Subtitle 4 (Inclusionary Zoning); 3 | |
| 340 | - | ||
| 341 | - | [(22)] (23) Title 7, Subtitle 5 (Housing Expansion and Affordability); and 4 | |
| 342 | - | ||
| 343 | - | [(23)] (24) Title 11, Subtitle 2 (Civil Penalty). 5 | |
| 344 | - | ||
| 345 | - | Article – Real Property 6 | |
| 346 | - | ||
| 347 | - | 11–111.1. 7 | |
| 348 | - | ||
| 349 | - | (a) (1) In this section the following words have the meanings indicated. 8 | |
| 350 | - | ||
| 351 | - | (2) [“Child care provider” means the adult who has primary responsibility 9 | |
| 352 | - | for the operation of a family child care home. 10 | |
| 353 | - | ||
| 354 | - | (3)] “Family child care home” [means a unit registered under Title 5, 11 | |
| 355 | - | Subtitle 5 of the Family Law] HAS THE MEANING STAT ED IN § 9.5–301 OF THE 12 | |
| 356 | - | EDUCATION Article. 13 | |
| 357 | - | ||
| 358 | - | (3) “FAMILY CHILD CARE PRO VIDER” HAS THE MEANING STAT ED IN § 14 | |
| 359 | - | 9.5–301 OF THE EDUCATION ARTICLE. 15 | |
| 360 | - | ||
| 361 | - | (4) “LARGE FAMILY CHILD CA RE HOME” HAS THE MEANING STAT ED 16 | |
| 362 | - | IN § 9.5–301 OF THE EDUCATION ARTICLE. 17 | |
| 363 | - | ||
| 364 | - | [(4)] (5) “No–impact home–based business” means a business that: 18 | |
| 365 | - | ||
| 366 | - | (i) Is consistent with the residential character of the dwelling unit; 19 | |
| 367 | - | ||
| 368 | - | (ii) Is subordinate to the use of the dwelling unit for residential 20 | |
| 369 | - | purposes and requires no external modifications that detract from the residential 21 | |
| 370 | - | appearance of the dwelling unit; 22 | |
| 371 | - | ||
| 372 | - | (iii) Uses no equipment or process that creates noise, vibration, glare, 23 | |
| 373 | - | fumes, odors, or electrical or electronic interference detectable by neighbors or that causes 24 | |
| 374 | - | an increase of common expenses that can be solely and directly attributable to a no–impact 25 | |
| 375 | - | home–based business; and 26 | |
| 376 | - | ||
| 377 | - | (iv) Does not involve use, storage, or disposal of any grouping or 27 | |
| 378 | - | classification of materials that the United States Secretary of Transportation or the State 28 | |
| 379 | - | or any local governing body designates as a hazardous material. 29 | |
| 375 | + | (b) [(1) The provisions of this section relating to family child care homes do not 28 | |
| 376 | + | apply to a condominium that is limited to housing for older persons, as defined under the 29 | |
| 377 | + | federal Fair Housing Act. 30 | |
| 380 | 378 | HOUSE BILL 785 9 | |
| 381 | 379 | ||
| 382 | 380 | ||
| 383 | - | (b) [(1) The provisions of this section relating to family child care homes do not 1 | |
| 384 | - | apply to a condominium that is limited to housing for older persons, as defined under the 2 | |
| 385 | - | federal Fair Housing Act. 3 | |
| 381 | + | (2)] The provisions of this section relating to no–impact home–based 1 | |
| 382 | + | businesses do not apply to a condominium that [has]: 2 | |
| 386 | 383 | ||
| 387 | - | (2)] The provisions of this section relating to no–impact home–based 4 | |
| 388 | - | businesses do not apply to a condominium that [has]: 5 | |
| 384 | + | (1) HAS adopted, prior to July 1, 1999, procedures in accordance with its 3 | |
| 385 | + | covenants, declaration, or bylaws for the regulation or prohibition of no–impact 4 | |
| 386 | + | home–based businesses; OR 5 | |
| 389 | 387 | ||
| 390 | - | (1) HAS adopted, prior to July 1, 1999, procedures in accordance with its 6 | |
| 391 | - | covenants, declaration, or bylaws for the regulation or prohibition of no–impact 7 | |
| 392 | - | home–based businesses; OR 8 | |
| 388 | + | (2) IS RESTRICTED FO R OCCUPANCY TO INDIV IDUALS OVER A 6 | |
| 389 | + | SPECIFIED AGE. 7 | |
| 393 | 390 | ||
| 394 | - | (2) IS RESTRICTED FOR OCC UPANCY TO INDIVIDUAL S OVER A 9 | |
| 395 | - | SPECIFIED AGE. 10 | |
| 391 | + | (c) (1) Subject to the provisions of [subsections] SUBSECTION (d) [and (e)(1)] 8 | |
| 392 | + | of this section, a recorded covenant or restriction, a provision in a declaration, or a provision 9 | |
| 393 | + | of the bylaws or rules of a condominium [that prohibits or restricts commercial or business 10 | |
| 394 | + | activity in general, but does not expressly apply to family child care homes or no–impact 11 | |
| 395 | + | home–based businesses, may not be construed to prohibit or restrict]: 12 | |
| 396 | 396 | ||
| 397 | - | (c) (1) Subject to the provisions of [subsections] SUBSECTION (d) [and (e)(1)] 11 | |
| 398 | - | of this section, a recorded covenant or restriction, a provision in a declaration, or a provision 12 | |
| 399 | - | of the bylaws or rules of a condominium [that prohibits or restricts commercial or business 13 | |
| 400 | - | activity in general, but does not expressly apply to family child care homes or no–impact 14 | |
| 401 | - | home–based businesses, may not be construed to prohibit or restrict]: 15 | |
| 397 | + | (i) MAY NOT PROHIBIT OR RESTRICT: 13 | |
| 402 | 398 | ||
| 403 | - | (i) MAY NOT PROHIBIT OR R ESTRICT: 16 | |
| 399 | + | 1. The establishment and operation of family child care 14 | |
| 400 | + | homes or LARGE FAMILY CHILD C ARE HOMES; OR 15 | |
| 404 | 401 | ||
| 405 | - | 1. The establishment and operation of family child care 17 | |
| 406 | - | homes or LARGE FAMILY CHILD C ARE HOMES; OR 18 | |
| 402 | + | 2. THE USE OF THE ROADS , SIDEWALKS, AND OTHER 16 | |
| 403 | + | COMMON ELEMENTS OF T HE CONDOMINIUM BY US ERS OF THE FAMILY CH ILD CARE 17 | |
| 404 | + | HOME OR LARGE FAMILY CHILD CARE HOME ; AND 18 | |
| 407 | 405 | ||
| 408 | - | 2. THE USE OF THE ROADS , SIDEWALKS, AND OTHER 19 | |
| 409 | - | COMMON ELEMENTS OF T HE CONDOMINIUM BY US ERS OF THE FAMILY CH ILD CARE 20 | |
| 410 | - | HOME OR LARGE FAMILY CHILD CARE HOME ; AND 21 | |
| 406 | + | (II) IF THE RECORDED COVEN ANT OR RESTRICTION , PROVISION 19 | |
| 407 | + | IN A DECLARATION , OR PROVISION OF THE BYLAWS OR RULES OF A CONDOMINIUM 20 | |
| 408 | + | OTHERWISE PROHIBITS OR RESTRICTS COMMERC IAL OR BUSINESS ACTI VITY IN 21 | |
| 409 | + | GENERAL BUT DOES NOT EXPRESSLY APPLY TO NO–IMPACT HOME –BASED 22 | |
| 410 | + | BUSINESSES, MAY NOT BE CONSTRUED TO PROHIBIT OR RESTR ICT no–impact 23 | |
| 411 | + | home–based businesses[; or 24 | |
| 411 | 412 | ||
| 412 | - | (II) IF THE RECORDED COVENANT OR RESTRICTION , PROVISION 22 | |
| 413 | - | IN A DECLARATION , OR PROVISION OF THE BYLAWS OR RULES OF A CONDOMINIUM 23 | |
| 414 | - | OTHERWISE PROHIBITS OR RESTRICTS COMMERC IAL OR BUSINESS ACTI VITY IN 24 | |
| 415 | - | GENERAL BUT DOES NOT EXPRESSLY APPLY TO N O–IMPACT HOME –BASED 25 | |
| 416 | - | BUSINESSES, MAY NOT BE CONSTRUED TO PROHIBIT OR RESTR ICT no–impact 26 | |
| 417 | - | home–based businesses[; or 27 | |
| 413 | + | (ii) Use of the roads, sidewalks, and other common elements of the 25 | |
| 414 | + | condominium by users of the family child care home]. 26 | |
| 418 | 415 | ||
| 419 | - | (ii) Use of the roads, sidewalks, and other common elements of the 28 | |
| 420 | - | condominium by users of the family child care home]. 29 | |
| 416 | + | (2) Subject to the provisions of [subsections] SUBSECTION (d) [and (e)(1)] 27 | |
| 417 | + | of this section, the operation of a family child care home, LARGE FAMILY CHILD C ARE 28 | |
| 418 | + | HOME, or no–impact home–based business shall be: 29 | |
| 421 | 419 | ||
| 422 | - | (2) Subject to the provisions of [subsections] SUBSECTION (d) [and (e)(1)] 30 | |
| 423 | - | of this section, the operation of a family child care home, LARGE FAMILY CHILD C ARE 31 | |
| 424 | - | HOME, or no–impact home–based business shall be: 32 | |
| 420 | + | (i) Considered a residential activity; and 30 | |
| 425 | 421 | ||
| 426 | - | ( | |
| 422 | + | (ii) A permitted activity. 31 | |
| 427 | 423 | 10 HOUSE BILL 785 | |
| 428 | 424 | ||
| 429 | 425 | ||
| 430 | - | (ii) A permitted activity. 1 | |
| 426 | + | (3) A RECORDED COVENANT OR RESTRICTION, A PROVISION IN A 1 | |
| 427 | + | DECLARATION , OR A PROVISION OF TH E BYLAWS OR RULES OF A CONDOMINIUM MAY 2 | |
| 428 | + | NOT LIMIT THE NUMBER OF CHILDREN FOR WHIC H A FAMILY CHILD CAR E HOME OR 3 | |
| 429 | + | LARGE FAMILY CHILD C ARE HOME PROVIDES FAMILY CH ILD CARE TO BELOW TH E 4 | |
| 430 | + | NUMBER AUTHORIZED BY THE STATE DEPARTMENT OF EDUCATION. 5 | |
| 431 | 431 | ||
| 432 | - | (3) A RECORDED COVENANT OR REST RICTION, A PROVISION IN A 2 | |
| 433 | - | DECLARATION , OR A PROVISION OF TH E BYLAWS OR RULES OF A CONDOMINIUM MAY 3 | |
| 434 | - | NOT LIMIT THE NUMBER OF CHILDREN FOR WHIC H A FAMILY CHILD CAR E HOME OR 4 | |
| 435 | - | LARGE FAMILY CHILD C ARE HOME PROVIDES FA MILY CHILD CARE TO B ELOW THE 5 | |
| 436 | - | NUMBER AUTHORIZED BY THE STATE DEPARTMENT OF EDUCATION. 6 | |
| 432 | + | (d) (1) (i) Subject to the provisions of paragraphs (2) and (3) of this 6 | |
| 433 | + | subsection, a condominium may include in its declaration, bylaws, or rules and restrictions 7 | |
| 434 | + | a provision expressly prohibiting the use of a unit as a [family child care home or] 8 | |
| 435 | + | no–impact home–based business. 9 | |
| 437 | 436 | ||
| 438 | - | ( | |
| 439 | - | ||
| 440 | - | ||
| 441 | - | ||
| 437 | + | (ii) A provision described under subparagraph (i) of this paragraph 10 | |
| 438 | + | expressly prohibiting the use of a unit as a [family child care home or] no–impact 11 | |
| 439 | + | home–based business shall apply to an existing [family child care home or] no–impact 12 | |
| 440 | + | home–based business in the condominium. 13 | |
| 442 | 441 | ||
| 443 | - | (ii) A provision described under subparagraph (i) of this paragraph 11 | |
| 444 | - | expressly prohibiting the use of a unit as a [family child care home or] no–impact 12 | |
| 445 | - | home–based business shall apply to an existing [family child care home or] no–impact 13 | |
| 446 | - | home–based business in the condominium. 14 | |
| 442 | + | (2) A provision described under paragraph (1)(i) of this subsection 14 | |
| 443 | + | expressly prohibiting the use of a unit as a [family child care home or] no–impact 15 | |
| 444 | + | home–based business may not be enforced unless it is approved by a simple majority of the 16 | |
| 445 | + | total eligible voters of the condominium under the voting procedures contained in the 17 | |
| 446 | + | declaration or bylaws of the condominium. 18 | |
| 447 | 447 | ||
| 448 | - | (2) A provision described under paragraph (1)(i) of this subsection 15 | |
| 449 | - | expressly prohibiting the use of a unit as a [family child care home or] no–impact 16 | |
| 450 | - | home–based business may not be enforced unless it is approved by a simple majority of the 17 | |
| 451 | - | total eligible voters of the condominium under the voting procedures contained in the 18 | |
| 452 | - | declaration or bylaws of the condominium. 19 | |
| 448 | + | (3) If a condominium includes in its declaration, bylaws, or rules and 19 | |
| 449 | + | restrictions, a provision prohibiting the use of a unit as a [family child care home or] 20 | |
| 450 | + | no–impact home–based business, it shall also include a provision stating that the 21 | |
| 451 | + | prohibition may be eliminated and [family child care homes or] no–impact home–based 22 | |
| 452 | + | businesses may be approved by a simple majority of the total eligible voters of the 23 | |
| 453 | + | condominium under the voting procedures contained in the declaration or bylaws of the 24 | |
| 454 | + | condominium. 25 | |
| 453 | 455 | ||
| 454 | - | (3) If a condominium includes in its declaration, bylaws, or rules and 20 | |
| 455 | - | restrictions, a provision prohibiting the use of a unit as a [family child care home or] 21 | |
| 456 | - | no–impact home–based business, it shall also include a provision stating that the 22 | |
| 457 | - | prohibition may be eliminated and [family child care homes or] no–impact home–based 23 | |
| 458 | - | businesses may be approved by a simple majority of the total eligible voters of the 24 | |
| 459 | - | condominium under the voting procedures contained in the declaration or bylaws of the 25 | |
| 460 | - | condominium. 26 | |
| 456 | + | (4) If a condominium includes in its declaration, bylaws, or rules and 26 | |
| 457 | + | restrictions a provision expressly prohibiting the use of a unit as a [family child care home 27 | |
| 458 | + | or] no–impact home–based business, the prohibition may be eliminated and [family child 28 | |
| 459 | + | care or] no–impact home–based business activities may be permitted by the approval of a 29 | |
| 460 | + | simple majority of the total eligible voters of the condominium under the voting procedures 30 | |
| 461 | + | contained in the declaration or bylaws of the condominium. 31 | |
| 461 | 462 | ||
| 462 | - | (4) If a condominium includes in its declaration, bylaws, or rules and 27 | |
| 463 | - | restrictions a provision expressly prohibiting the use of a unit as a [family child care home 28 | |
| 464 | - | or] no–impact home–based business, the prohibition may be eliminated and [family child 29 | |
| 465 | - | care or] no–impact home–based business activities may be permitted by the approval of a 30 | |
| 466 | - | simple majority of the total eligible voters of the condominium under the voting procedures 31 | |
| 467 | - | contained in the declaration or bylaws of the condominium. 32 | |
| 463 | + | (e) A condominium may include in its declaration, bylaws, or rules and 32 | |
| 464 | + | restrictions a provision that: 33 | |
| 468 | 465 | ||
| 469 | - | (e) A condominium may include in its declaration, bylaws, or rules and 33 | |
| 470 | - | restrictions a provision that: 34 | |
| 466 | + | (1) [Regulates the number or percentage of family child care homes 34 | |
| 467 | + | operating in the condominium, provided that the percentage of family child care homes 35 | |
| 468 | + | permitted may not be less than 7.5 percent of the total units of the condominium; 36 | |
| 471 | 469 | ||
| 472 | - | (1) [Regulates the number or percentage of family child care homes 35 | |
| 473 | - | operating in the condominium, provided that the percentage of family child care homes 36 | |
| 474 | - | permitted may not be less than 7.5 percent of the total units of the condominium; 37 | |
| 475 | - | HOUSE BILL 785 11 | |
| 470 | + | (2)] Requires FAMILY child care providers to pay on a pro rata basis based 37 | |
| 471 | + | on the total number of family child care homes OR LARGE FAMILY CHIL D CARE HOMES 38 HOUSE BILL 785 11 | |
| 476 | 472 | ||
| 477 | 473 | ||
| 478 | - | (2)] Requires FAMILY child care providers to pay on a pro rata basis based 1 | |
| 479 | - | on the total number of family child care homes OR LARGE FAMILY CHIL D CARE HOMES 2 | |
| 480 | - | operating in the condominium any increase in insurance costs of the condominium that are 3 | |
| 481 | - | solely and directly attributable to the operation of family child care homes OR LARGE 4 | |
| 482 | - | FAMILY CHILD CARE HO MES in the condominium; and 5 | |
| 474 | + | operating in the condominium any increase in insurance costs of the condominium that are 1 | |
| 475 | + | solely and directly attributable to the operation of family child care homes OR LARGE 2 | |
| 476 | + | FAMILY CHILD CARE HO MES in the condominium; and 3 | |
| 483 | 477 | ||
| 484 | - | [(3)] (2) Imposes a fee for use of common elements in a reasonable | |
| 485 | - | amount not to exceed $50 per year on each family child care home, LARGE FAMILY CHILD | |
| 486 | - | CARE HOME, or no–impact home–based business which is registered and operating in the | |
| 487 | - | condominium. | |
| 478 | + | [(3)] (2) Imposes a fee for use of common elements in a reasonable 4 | |
| 479 | + | amount not to exceed $50 per year on each family child care home, LARGE FAMILY CHILD 5 | |
| 480 | + | CARE HOME, or no–impact home–based business which is registered and operating in the 6 | |
| 481 | + | condominium. 7 | |
| 488 | 482 | ||
| 489 | - | (f) (1) [If the condominium regulates the number or percentage of family child | |
| 490 | - | care homes under subsection (e)(1) of this section, in order to assure compliance with the | |
| 491 | - | regulation, the] THE condominium may require residents to notify the condominium before | |
| 492 | - | opening a family child care home OR LARGE FAMILY CHIL D CARE HOME . | |
| 483 | + | (f) (1) [If the condominium regulates the number or percentage of family child 8 | |
| 484 | + | care homes under subsection (e)(1) of this section, in order to assure compliance with the 9 | |
| 485 | + | regulation, the] THE condominium may require residents to notify the condominium before 10 | |
| 486 | + | opening a family child care home OR LARGE FAMILY CHIL D CARE HOME . 11 | |
| 493 | 487 | ||
| 494 | - | (2) The condominium may require residents to notify the condominium | |
| 495 | - | before opening a no–impact home–based business. | |
| 488 | + | (2) The condominium may require residents to notify the condominium 12 | |
| 489 | + | before opening a no–impact home–based business. 13 | |
| 496 | 490 | ||
| 497 | - | (g) (1) A FAMILY child care provider in a condominium: | |
| 491 | + | (g) (1) A FAMILY child care provider in a condominium: 14 | |
| 498 | 492 | ||
| 499 | - | (i) Shall obtain the liability insurance described under §§ 19–106 | |
| 500 | - | and 19–203 of the Insurance Article in at least the minimum amount described under that | |
| 501 | - | statute; and | |
| 493 | + | (i) Shall obtain the liability insurance described under §§ 19–106 15 | |
| 494 | + | and 19–203 of the Insurance Article in at least the minimum amount described under that 16 | |
| 495 | + | statute; and 17 | |
| 502 | 496 | ||
| 503 | - | (ii) May not operate without the liability insurance described under | |
| 504 | - | item (i) of this paragraph. | |
| 497 | + | (ii) May not operate without the liability insurance described under 18 | |
| 498 | + | item (i) of this paragraph. 19 | |
| 505 | 499 | ||
| 506 | - | (2) A condominium may not require a FAMILY child care provider to obtain | |
| 507 | - | insurance in an amount greater than the minimum amount required under paragraph (1) | |
| 508 | - | of this subsection. | |
| 500 | + | (2) A condominium may not require a FAMILY child care provider to obtain 20 | |
| 501 | + | insurance in an amount greater than the minimum amount required under paragraph (1) 21 | |
| 502 | + | of this subsection. 22 | |
| 509 | 503 | ||
| 510 | - | (h) A condominium may restrict or prohibit a no–impact home–based business in | |
| 511 | - | any common elements. | |
| 504 | + | (h) A condominium may restrict or prohibit a no–impact home–based business in 23 | |
| 505 | + | any common elements. 24 | |
| 512 | 506 | ||
| 513 | - | (i) To the extent that this section is inconsistent with any other provision of this | |
| 514 | - | title, this section shall take precedence over any inconsistent provision. | |
| 507 | + | (i) To the extent that this section is inconsistent with any other provision of this 25 | |
| 508 | + | title, this section shall take precedence over any inconsistent provision. 26 | |
| 515 | 509 | ||
| 516 | - | 11B–111.1. | |
| 510 | + | 11B–111.1. 27 | |
| 517 | 511 | ||
| 518 | - | (a) (1) In this section the following words have the meanings indicated. | |
| 512 | + | (a) (1) In this section the following words have the meanings indicated. 28 | |
| 519 | 513 | ||
| 520 | - | (2) [“Child care provider” means the adult who has primary responsibility 31 | |
| 521 | - | for the operation of a family child care home. 32 | |
| 514 | + | (2) [“Child care provider” means the adult who has primary responsibility 29 | |
| 515 | + | for the operation of a family child care home. 30 | |
| 516 | + | ||
| 517 | + | (3)] “Family child care home” [means a unit registered under Title 9.5, 31 | |
| 518 | + | Subtitle 3] HAS THE MEANING STAT ED IN § 9.5–301 of the Education Article. 32 | |
| 522 | 519 | 12 HOUSE BILL 785 | |
| 523 | 520 | ||
| 524 | 521 | ||
| 525 | - | (3) | |
| 526 | - | ||
| 522 | + | (3) “FAMILY CHILD CARE PRO VIDER” HAS THE MEANING STAT ED IN § 1 | |
| 523 | + | 9.5–301 OF THE EDUCATION ARTICLE. 2 | |
| 527 | 524 | ||
| 528 | - | ( | |
| 529 | - | 9.5–301 OF THE EDUCATION ARTICLE. 4 | |
| 525 | + | (4) “LARGE FAMILY CHILD CA RE HOME” HAS THE MEANING STAT ED 3 | |
| 526 | + | IN § 9.5–301 OF THE EDUCATION ARTICLE. 4 | |
| 530 | 527 | ||
| 531 | - | (4) “LARGE FAMILY CHILD CA RE HOME” HAS THE MEANING STAT ED 5 | |
| 532 | - | IN § 9.5–301 OF THE EDUCATION ARTICLE. 6 | |
| 528 | + | [(4)] (5) “No–impact home–based business” means a business that: 5 | |
| 533 | 529 | ||
| 534 | - | ||
| 530 | + | (i) Is consistent with the residential character of the dwelling unit; 6 | |
| 535 | 531 | ||
| 536 | - | (i) Is consistent with the residential character of the dwelling unit; 8 | |
| 532 | + | (ii) Is subordinate to the use of the dwelling unit for residential 7 | |
| 533 | + | purposes and requires no external modifications that detract from the residential 8 | |
| 534 | + | appearance of the dwelling unit; 9 | |
| 537 | 535 | ||
| 538 | - | (ii) Is subordinate to the use of the dwelling unit for residential 9 | |
| 539 | - | purposes and requires no external modifications that detract from the residential 10 | |
| 540 | - | appearance of the dwelling unit; 11 | |
| 536 | + | (iii) Uses no equipment or process that creates noise, vibration, glare, 10 | |
| 537 | + | fumes, odors, or electrical or electronic interference detectable by neighbors or that causes 11 | |
| 538 | + | an increase of common expenses that can be solely and directly attributable to a no–impact 12 | |
| 539 | + | home–based business; and 13 | |
| 541 | 540 | ||
| 542 | - | (iii) Uses no equipment or process that creates noise, vibration, glare, 12 | |
| 543 | - | fumes, odors, or electrical or electronic interference detectable by neighbors or that causes 13 | |
| 544 | - | an increase of common expenses that can be solely and directly attributable to a no–impact 14 | |
| 545 | - | home–based business; and 15 | |
| 541 | + | (iv) Does not involve use, storage, or disposal of any grouping or 14 | |
| 542 | + | classification of materials that the United States Secretary of Transportation or the State 15 | |
| 543 | + | or any local governing body designates as a hazardous material. 16 | |
| 546 | 544 | ||
| 547 | - | ( | |
| 548 | - | ||
| 549 | - | ||
| 545 | + | (b) [(1) The provisions of this section relating to family child care homes do not 17 | |
| 546 | + | apply to a homeowners association that is limited to housing for older persons, as defined 18 | |
| 547 | + | under the federal Fair Housing Act. 19 | |
| 550 | 548 | ||
| 551 | - | (b) [(1) The provisions of this section relating to family child care homes do not 19 | |
| 552 | - | apply to a homeowners association that is limited to housing for older persons, as defined 20 | |
| 553 | - | under the federal Fair Housing Act. 21 | |
| 549 | + | (2)] The provisions of this section relating to no–impact home–based 20 | |
| 550 | + | businesses do not apply to a homeowners association that [has]: 21 | |
| 554 | 551 | ||
| 555 | - | (2)] The provisions of this section relating to no–impact home–based 22 | |
| 556 | - | businesses do not apply to a homeowners association that [has]: 23 | |
| 552 | + | (1) HAS adopted, prior to July 1, 1999, procedures in accordance with its 22 | |
| 553 | + | covenants, declaration, or bylaws for the prohibition or regulation of no–impact 23 | |
| 554 | + | home–based businesses; OR 24 | |
| 557 | 555 | ||
| 558 | - | (1) HAS adopted, prior to July 1, 1999, procedures in accordance with its 24 | |
| 559 | - | covenants, declaration, or bylaws for the prohibition or regulation of no–impact 25 | |
| 560 | - | home–based businesses; OR 26 | |
| 556 | + | (2) IS RESTRICTED FOR OCCUPANCY TO INDIVID UALS OVER A 25 | |
| 557 | + | SPECIFIED AGE. 26 | |
| 561 | 558 | ||
| 562 | - | (2) IS RESTRICTED FOR OCC UPANCY TO INDIVIDUAL S OVER A 27 | |
| 563 | - | SPECIFIED AGE. 28 | |
| 559 | + | (c) (1) Subject to the provisions of [subsections] SUBSECTION (d) [and (e)(1)] 27 | |
| 560 | + | of this section, a recorded covenant or restriction, a provision in a declaration, or a provision 28 | |
| 561 | + | of the bylaws or rules of a homeowners association [that prohibits or restricts commercial 29 | |
| 562 | + | or business activity in general, but does not expressly apply to family child care homes or 30 | |
| 563 | + | no–impact home–based businesses, may not be construed to prohibit or restrict]: 31 | |
| 564 | 564 | ||
| 565 | - | (c) (1) Subject to the provisions of [subsections] SUBSECTION (d) [and (e)(1)] 29 | |
| 566 | - | of this section, a recorded covenant or restriction, a provision in a declaration, or a provision 30 | |
| 567 | - | of the bylaws or rules of a homeowners association [that prohibits or restricts commercial 31 | |
| 568 | - | or business activity in general, but does not expressly apply to family child care homes or 32 | |
| 569 | - | no–impact home–based businesses, may not be construed to prohibit or restrict]: 33 HOUSE BILL 785 13 | |
| 565 | + | (i) [The establishment] MAY NOT PROHIBIT OR R ESTRICT THE: 32 | |
| 566 | + | HOUSE BILL 785 13 | |
| 570 | 567 | ||
| 571 | 568 | ||
| 569 | + | 1. ESTABLISHMENT and operation of family child care 1 | |
| 570 | + | homes or LARGE FAMILY CHILD C ARE HOMES; OR 2 | |
| 572 | 571 | ||
| 573 | - | (i) [The establishment] MAY NOT PROHIBIT OR R ESTRICT THE: 1 | |
| 572 | + | 2. USE OF THE ROADS , SIDEWALKS, AND OTHER 3 | |
| 573 | + | COMMON ELEMENTS OF T HE HOMEOWNERS ASSOCI ATION BY USERS OF TH E FAMILY 4 | |
| 574 | + | CHILD CARE HOME OR L ARGE FAMILY CHILD CA RE HOME; AND 5 | |
| 574 | 575 | ||
| 575 | - | 1. ESTABLISHMENT and operation of family child care 2 | |
| 576 | - | homes or LARGE FAMILY CHILD C ARE HOMES; OR 3 | |
| 576 | + | (II) IF THE RECORDED COVEN ANT OR RESTRICTION , PROVISION 6 | |
| 577 | + | IN A DECLARATION , OR PROVISION OF THE BYLAWS OR RULES OF A HOMEOWNERS 7 | |
| 578 | + | ASSOCIATION OTHERWIS E PROHIBITS OR RESTR ICTS COMMERCIAL OR B USINESS 8 | |
| 579 | + | ACTIVITY IN GENERAL BUT DOES NOT EXPRESS LY APPLY TO NO –IMPACT 9 | |
| 580 | + | HOME–BASED BUSINESS , MAY NOT BE CONSTRUED TO PROHIBIT OR RESTR ICT 10 | |
| 581 | + | no–impact home–based businesses[; or 11 | |
| 577 | 582 | ||
| 578 | - | 2. USE OF THE ROADS , SIDEWALKS, AND OTHER 4 | |
| 579 | - | COMMON ELEMENTS OF T HE HOMEOWNERS ASSOCI ATION BY USERS OF TH E FAMILY 5 | |
| 580 | - | CHILD CARE HOME OR L ARGE FAMILY CHILD CA RE HOME; AND 6 | |
| 583 | + | (ii) Use of the roads, sidewalks, and other common areas of the 12 | |
| 584 | + | homeowners association by users of the family child care home]. 13 | |
| 581 | 585 | ||
| 582 | - | (II) IF THE RECORDED COVEN ANT OR RESTRICTION , PROVISION 7 | |
| 583 | - | IN A DECLARATION , OR PROVISION OF THE BYLAWS OR RULES OF A HOMEOWNERS 8 | |
| 584 | - | ASSOCIATION OTHERWIS E PROHIBITS OR RESTR ICTS COMMERCIAL OR B USINESS 9 | |
| 585 | - | ACTIVITY IN GENERAL BUT DOES NOT EXPRESS LY APPLY TO NO –IMPACT 10 | |
| 586 | - | HOME–BASED BUSINESS , MAY NOT BE CONSTRUED TO PROHIBIT OR RESTR ICT 11 | |
| 587 | - | no–impact home–based businesses[; or 12 | |
| 586 | + | (2) Subject to the provisions of [subsections] SUBSECTION (d) [and (e)(1)] 14 | |
| 587 | + | of this section, the operation of a family child care home, LARGE FAMILY CHILD C ARE 15 | |
| 588 | + | HOME, or no–impact home–based business shall be: 16 | |
| 588 | 589 | ||
| 589 | - | (ii) Use of the roads, sidewalks, and other common areas of the 13 | |
| 590 | - | homeowners association by users of the family child care home]. 14 | |
| 590 | + | (i) Considered a residential activity; and 17 | |
| 591 | 591 | ||
| 592 | - | (2) Subject to the provisions of [subsections] SUBSECTION (d) [and (e)(1)] 15 | |
| 593 | - | of this section, the operation of a family child care home, LARGE FAMILY CHILD C ARE 16 | |
| 594 | - | HOME, or no–impact home–based business shall be: 17 | |
| 592 | + | (ii) A permitted activity. 18 | |
| 595 | 593 | ||
| 596 | - | (i) Considered a residential activity; and 18 | |
| 594 | + | (3) A RECORDED COVENANT OR RESTRICTION, A PROVISION IN A 19 | |
| 595 | + | DECLARATION , OR A PROVISION OF TH E BYLAWS OR RULES OF A HOMEOWNERS 20 | |
| 596 | + | ASSOCIATION MAY NOT LIMIT THE NUMBER OF CHILDREN FOR WHICH A FAMILY 21 | |
| 597 | + | CHILD CARE HOME OR L ARGE FAMILY CHI LD CARE HOME PROVIDE S FAMILY CHILD 22 | |
| 598 | + | CARE TO BELOW THE NU MBER AUTHORIZED BY T HE STATE DEPARTMENT OF 23 | |
| 599 | + | EDUCATION. 24 | |
| 597 | 600 | ||
| 598 | - | (ii) A permitted activity. 19 | |
| 601 | + | (d) (1) (i) Except as provided in subparagraph (ii) of this paragraph and 25 | |
| 602 | + | subject to the provisions of paragraphs (2) and (3) of this subsection, a homeowners 26 | |
| 603 | + | association may include in its declaration, bylaws, or recorded covenants and restrictions a 27 | |
| 604 | + | provision expressly prohibiting the use of a residence as a [family child care home or] 28 | |
| 605 | + | no–impact home–based business. 29 | |
| 599 | 606 | ||
| 600 | - | (3) A RECORDED COVENANT OR RESTRICTION, A PROVISION IN A 20 | |
| 601 | - | DECLARATION , OR A PROVISION OF TH E BYLAWS OR RULES OF A HOMEOWNERS 21 | |
| 602 | - | ASSOCIATION MAY NOT LIMIT THE NUMBER OF CHILDREN FOR WHICH A FAMILY 22 | |
| 603 | - | CHILD CARE HOME OR L ARGE FAMILY CHI LD CARE HOME PROVIDE S FAMILY CHILD 23 | |
| 604 | - | CARE TO BELOW THE NU MBER AUTHORIZED BY T HE STATE DEPARTMENT OF 24 | |
| 605 | - | EDUCATION. 25 | |
| 606 | - | ||
| 607 | - | (d) (1) (i) Except as provided in subparagraph (ii) of this paragraph and 26 | |
| 608 | - | subject to the provisions of paragraphs (2) and (3) of this subsection, a homeowners 27 | |
| 609 | - | association may include in its declaration, bylaws, or recorded covenants and restrictions a 28 | |
| 610 | - | provision expressly prohibiting the use of a residence as a [family child care home or] 29 | |
| 611 | - | no–impact home–based business. 30 | |
| 612 | - | ||
| 613 | - | (ii) [A homeowners association may not include a provision 31 | |
| 614 | - | described under subparagraph (i) of this paragraph expressly prohibiting the use of a 32 | |
| 615 | - | residence as a family child care home in its declaration, bylaws, or recorded covenants and 33 14 HOUSE BILL 785 | |
| 607 | + | (ii) [A homeowners association may not include a provision 30 | |
| 608 | + | described under subparagraph (i) of this paragraph expressly prohibiting the use of a 31 | |
| 609 | + | residence as a family child care home in its declaration, bylaws, or recorded covenants and 32 | |
| 610 | + | restrictions until the lot owners, other than the developer, have 90% of the votes in the 33 | |
| 611 | + | homeowners association. 34 | |
| 612 | + | 14 HOUSE BILL 785 | |
| 616 | 613 | ||
| 617 | 614 | ||
| 618 | - | restrictions until the lot owners, other than the developer, have 90% of the votes in the 1 | |
| 619 | - | homeowners association. 2 | |
| 615 | + | (iii)] A provision described under subparagraph (i) of this paragraph 1 | |
| 616 | + | expressly prohibiting the use of a residence as a [family child care home or] no–impact 2 | |
| 617 | + | home–based business shall apply to an existing [family child care home or] no–impact 3 | |
| 618 | + | home–based business in the homeowners association. 4 | |
| 620 | 619 | ||
| 621 | - | (iii)] A provision described under subparagraph (i) of this paragraph 3 | |
| 622 | - | expressly prohibiting the use of a residence as a [family child care home or] no–impact 4 | |
| 623 | - | home–based business shall apply to an existing [family child care home or] no–impact 5 | |
| 624 | - | home–based business in the homeowners association. 6 | |
| 620 | + | (2) A provision described under paragraph (1)(i) of this subsection 5 | |
| 621 | + | expressly prohibiting the use of a residence as a [family child care home or] no–impact 6 | |
| 622 | + | home–based business may not be enforced unless it is approved by a simple majority of the 7 | |
| 623 | + | total eligible voters of the homeowners association, not including the developer, under the 8 | |
| 624 | + | voting procedures contained in the declaration or bylaws of the homeowners association. 9 | |
| 625 | 625 | ||
| 626 | - | (2) A provision described under paragraph (1)(i) of this subsection 7 | |
| 627 | - | expressly prohibiting the use of a residence as a [family child care home or] no–impact 8 | |
| 628 | - | home–based business may not be enforced unless it is approved by a simple majority of the 9 | |
| 629 | - | total eligible voters of the homeowners association, not including the developer, under the 10 | |
| 630 | - | voting procedures contained in the declaration or bylaws of the homeowners association. 11 | |
| 626 | + | (3) If a homeowners association includes in its declaration, bylaws, or 10 | |
| 627 | + | recorded covenants and restrictions a provision prohibiting the use of a residence as a 11 | |
| 628 | + | [family child care home or] no–impact home–based business, it shall also include a 12 | |
| 629 | + | provision stating that the prohibition may be eliminated and [family child care homes or] 13 | |
| 630 | + | no–impact home–based businesses may be approved by a simple majority of the total 14 | |
| 631 | + | eligible voters of the homeowners association under the voting procedures contained in the 15 | |
| 632 | + | declaration or bylaws of the homeowners association. 16 | |
| 631 | 633 | ||
| 632 | - | ( | |
| 633 | - | recorded covenants and restrictions a provision prohibiting the use of a residence | |
| 634 | - | [family child care home or] no–impact home–based business, | |
| 635 | - | ||
| 636 | - | ||
| 637 | - | ||
| 638 | - | ||
| 634 | + | (4) If a homeowners association includes in its declaration, bylaws, or 17 | |
| 635 | + | recorded covenants and restrictions a provision expressly prohibiting the use of a residence 18 | |
| 636 | + | as a [family child care home or] no–impact home–based business, the prohibition may be 19 | |
| 637 | + | eliminated and [family child care or] no–impact home–based business activities may be 20 | |
| 638 | + | permitted by the approval of a simple majority of the total eligible voters of the homeowners 21 | |
| 639 | + | association under the voting procedures contained in the declaration or bylaws of the 22 | |
| 640 | + | homeowners association. 23 | |
| 639 | 641 | ||
| 640 | - | (4) If a homeowners association includes in its declaration, bylaws, or 19 | |
| 641 | - | recorded covenants and restrictions a provision expressly prohibiting the use of a residence 20 | |
| 642 | - | as a [family child care home or] no–impact home–based business, the prohibition may be 21 | |
| 643 | - | eliminated and [family child care or] no–impact home–based business activities may be 22 | |
| 644 | - | permitted by the approval of a simple majority of the total eligible voters of the homeowners 23 | |
| 645 | - | association under the voting procedures contained in the declaration or bylaws of the 24 | |
| 646 | - | homeowners association. 25 | |
| 642 | + | (e) A homeowners association may include in its declaration, bylaws, rules, or 24 | |
| 643 | + | recorded covenants and restrictions a provision that: 25 | |
| 647 | 644 | ||
| 648 | - | (e) A homeowners association may include in its declaration, bylaws, rules, or 26 | |
| 649 | - | recorded covenants and restrictions a provision that: 27 | |
| 645 | + | (1) Requires FAMILY child care providers to pay on a pro rata basis based 26 | |
| 646 | + | on the total number of family child care homes operating in the homeowners association 27 | |
| 647 | + | any increase in insurance costs of the homeowners association that are solely and directly 28 | |
| 648 | + | attributable to the operation of family child care homes in the homeowners association; and 29 | |
| 650 | 649 | ||
| 651 | - | (1) Requires FAMILY child care providers to pay on a pro rata basis based 28 | |
| 652 | - | on the total number of family child care homes operating in the homeowners association 29 | |
| 653 | - | any increase in insurance costs of the homeowners association that are solely and directly 30 | |
| 654 | - | attributable to the operation of family child care homes in the homeowners association; and 31 | |
| 650 | + | (2) Imposes a fee for use of common areas in a reasonable amount not to 30 | |
| 651 | + | exceed $50 per year on each family child care home or no–impact home–based business 31 | |
| 652 | + | which is registered and operating in the homeowners association. 32 | |
| 655 | 653 | ||
| 656 | - | (2) Imposes a fee for use of common areas in a reasonable amount not to 32 | |
| 657 | - | exceed $50 per year on each family child care home or no–impact home–based business 33 | |
| 658 | - | which is registered and operating in the homeowners association. 34 | |
| 659 | - | ||
| 660 | - | (f) (1) [If the homeowners association regulates the number or percentage of 35 | |
| 661 | - | family child care homes under subsection (e)(1) of this section, in order to assure compliance 36 | |
| 662 | - | with this regulation, the] THE homeowners association may require residents to notify the 37 HOUSE BILL 785 15 | |
| 654 | + | (f) (1) [If the homeowners association regulates the number or percentage of 33 | |
| 655 | + | family child care homes under subsection (e)(1) of this section, in order to assure compliance 34 | |
| 656 | + | with this regulation, the] THE homeowners association may require residents to notify the 35 | |
| 657 | + | homeowners association before opening a family child care home OR LARGE FAMILY 36 | |
| 658 | + | CHILD CARE HOME . 37 | |
| 659 | + | HOUSE BILL 785 15 | |
| 663 | 660 | ||
| 664 | 661 | ||
| 665 | - | homeowners association | |
| 666 | - | ||
| 662 | + | (2) The homeowners association may require residents to notify the 1 | |
| 663 | + | homeowners association before opening a no–impact home–based business. 2 | |
| 667 | 664 | ||
| 668 | - | (2) The homeowners association may require residents to notify the 3 | |
| 669 | - | homeowners association before opening a no–impact home–based business. 4 | |
| 665 | + | (g) (1) A FAMILY child care provider in a homeowners association: 3 | |
| 670 | 666 | ||
| 671 | - | (g) (1) A FAMILY child care provider in a homeowners association: 5 | |
| 667 | + | (i) Shall obtain the liability insurance described under §§ 19–106 4 | |
| 668 | + | and 19–203 of the Insurance Article in at least the minimum amount described under that 5 | |
| 669 | + | statute; and 6 | |
| 672 | 670 | ||
| 673 | - | (i) Shall obtain the liability insurance described under §§ 19–106 6 | |
| 674 | - | and 19–203 of the Insurance Article in at least the minimum amount described under that 7 | |
| 675 | - | statute; and 8 | |
| 671 | + | (ii) May not operate without the liability insurance described under 7 | |
| 672 | + | item (i) of this paragraph. 8 | |
| 676 | 673 | ||
| 677 | - | (ii) May not operate without the liability insurance described under 9 | |
| 678 | - | item (i) of this paragraph. 10 | |
| 674 | + | (2) A homeowners association may not require a FAMILY child care 9 | |
| 675 | + | provider to obtain insurance in an amount greater than the minimum amount required 10 | |
| 676 | + | under paragraph (1) of this subsection. 11 | |
| 679 | 677 | ||
| 680 | - | (2) A homeowners association may not require a FAMILY child care 11 | |
| 681 | - | provider to obtain insurance in an amount greater than the minimum amount required 12 | |
| 682 | - | under paragraph (1) of this subsection. 13 | |
| 678 | + | (h) A homeowners association may restrict or prohibit a no–impact home–based 12 | |
| 679 | + | business in any common areas. 13 | |
| 683 | 680 | ||
| 684 | - | | |
| 685 | - | ||
| 681 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 | |
| 682 | + | October 1, 2025. 15 | |
| 686 | 683 | ||
| 687 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 | |
| 688 | - | October 1, 2025. 17 | |
| 689 | - | ||
| 690 | - | ||
| 691 | - | ||
| 692 | - | ||
| 693 | - | Approved: | |
| 694 | - | ________________________________________________________________________________ | |
| 695 | - | Governor. | |
| 696 | - | ________________________________________________________________________________ | |
| 697 | - | Speaker of the House of Delegates. | |
| 698 | - | ________________________________________________________________________________ | |
| 699 | - | President of the Senate. |