§ 23–101
Statutes in effect as of October 1, 2026.
Md. Code Ann., Com. Law § 23-101 (2026)
Title 23. Operating Agreements -- Hotels and Retirement Communities
Subtitle 1
§ 23–101LinkCopy Citation
(a)
In this title 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 nonprofit 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 Maryland Department of Health;
(ii)
A State facility, as defined in § 10–101 of the Health – General Article;
(iii)
A program licensed by the Maryland Department of Health under Title 7 or Title 10 of the Health – General Article;
(iv)
A freestanding hospice care program regulated by the Maryland Department of Health under Title 19, Subtitle 9 of the Health – General Article;
(v)
A freestanding day care center for the elderly regulated by the Maryland Department of Health 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 Title 10, Subtitle 4 of the Human Services Article and separate entities certified as continuing care providers under Title 10, Subtitle 4 of the Human Services Article 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 Title 10, Subtitle 4 of the Human Services Article and separate entities certified as continuing care providers under Title 10, Subtitle 4 of the Human Services Article that provide services to residents of a condominium.