(a) (1) In this section the following words have the meanings indicated. (2) "Family child care home" has the meaning stated in § 9.5-301 of the Education Article. (3) "Family child care provider" has the meaning stated in § 9.5-301 of the Education Article. (4) "Large family child care home" has the meaning stated in § 9.5- 301 of the Education Article. (b) This section does not apply to a cooperative housing corporation that is restricted for occupancy to individuals over a specified age. (c) (1) Subject to the provisions of subsections (d) through (f) of this section, a provision in the articles of incorporation or a proprietary lease or a provision of the bylaws of a cooperative housing corporation may not prohibit or restrict: (i) The establishment and operation of a family child care home or large family child care home; or (ii) The use of the roads, sidewalks, and other common elements of the cooperative housing corporation by users of the family child care home or large family child care home. (2) Subject to the provisions of subsection (d) of this section, the operation of a family child care home or large family child care home shall be: (i) Considered a residential activity; and (ii) A permitted activity. (3) A provision in the articles of incorporation or a proprietary lease or a provision of the bylaws of a cooperative housing corporation may not limit the number of children for which a family child care home or large family child care home provides family child care to below the number authorized by the State Department of Education. (d) A cooperative housing corporation may include in the articles of incorporation or a proprietary lease or the bylaws a provision that: (1) Requires family child care providers to pay on a pro rata basis based on the total number of family child care homes or large family child care homes operating in the cooperative housing corporation any increase in insurance costs of the cooperative housing corporation that are solely and directly attributable to the operation of family child care homes or large family child care homes in the cooperative housing corporation; and (2) Imposes a fee for use of common elements in a reasonable amount not to exceed $50 per year on each family child care home or large family child care home that is registered and operating in the cooperative housing corporation. (e) The cooperative housing corporation may require residents to notify the cooperative housing corporation before opening a family child care home or large family child care home. (f) (1) A family child care provider in a cooperative housing corporation: (i) Shall obtain the liability insurance described under §§ 19- 106 and 19-203 of the Insurance Article in at least the minimum amounts described under those statutes; and (ii) May not operate without the liability insurance described under item (i) of this paragraph. (2) A cooperative housing corporation may not require a family child care provider to obtain insurance in an amount greater than the minimum amount required under paragraph (1) of this subsection.
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