# Commercial Law (GCL)

## Title 23. Operating Agreements -- Hotels and Retirement Communities

### Subtitle 1

#### Section 23-101

(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 Sec. 19-1401 of the Health - General Article, that is licensed by the Maryland Department of Health;

    (ii) A State facility, as defined in Sec. 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.

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Md. Code Ann., Com. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)