Maryland Commercial Law Section 23-101

Article - Commercial Law

§ 23-101.

      (a)      In this subtitle the following words have the meanings indicated.

      (b)      "Hotel" means a hotel or motel with more than 30 rooms for rent that is primarily used by transients who are lodged with or without meals.

      (c)      "Operating agreement" means a written contract, agreement, instrument, or other document between at least two persons that relates to the management, operation, or franchise of a hotel or a retirement community.

      (d)      "Person" does not include an individual, a not for profit entity, or a public instrumentality.

      (e)      (1)      "Retirement community" means a senior living community, retirement community, assisted living community, continuing care retirement community, independent living community, or similar community that offers a combination of independent living, assisted living, or nursing.

            (2)      "Retirement community" does not include:

                  (i)      A freestanding nursing home, as defined in § 19-1401 of the Health - General Article, that is licensed by the Department of Health and Mental Hygiene;

                  (ii)      A State facility, as defined in § 10-101 of the Health - General Article;

                  (iii)      A program licensed by the Department of Mental Health and Hygiene under Title 7 or Title 10 of the Health - General Article;

                  (iv)      A freestanding hospice care program regulated by the Department of Mental Health and Hygiene under Title 19, Subtitle 9 of the Health - General Article;

                  (v)      A freestanding day care center for the elderly regulated by the Department of Mental Health and Hygiene under Title 14, Subtitle 2 of the Health - General Article;

                  (vi)      A retirement community that is owned by or affiliated with a church or religious organization;

                  (vii)      A cooperative housing corporation organized under Title 5, Subtitle 6B of the Corporations and Associations Article and certified as a continuing care provider under Article 70B of the Code and separate entities certified as continuing care providers under Article 70B of the Code that provide services to residents of a cooperative housing corporation; or

                  (viii)      A condominium organized under Title 11 of the Real Property Article and certified as a continuing care provider under Article 70B of the Code and separate entities certified as continuing care providers under Article 70B of the Code that provide services to residents of a condominium.



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