§ 2-121. Covenants restricting family day care homes

   (a) "Family child care home" defined. -- 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.

(b) Exempted property. -- 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) Restrictions on commercial or business activity. --

   (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.

(d) Applicability. -- 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.

HISTORY: 1994, ch. 7; 2005, ch. 44, § 1; 2011, ch. 564, § 3.