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<section article="gcl" article_name="Commercial Law" number="23-101" title_number="23" title_name="Operating Agreements -- Hotels and Retirement Communities" subtitle_number="1">
  <level label="a">
    <text>In this title the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“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.</text>
  </level>
  <level label="c">
    <text>“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.</text>
  </level>
  <level label="d">
    <text>“Person” does not include an individual, a nonprofit entity, or a public instrumentality.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>“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.</text>
    </level>
    <level label="2">
      <text>“Retirement community” does not include:</text>
      <level label="i">
        <text>A freestanding nursing home, as defined in § 19–1401 of the Health – General Article, that is licensed by the Maryland Department of Health;</text>
      </level>
      <level label="ii">
        <text>A State facility, as defined in § 10–101 of the Health – General Article;</text>
      </level>
      <level label="iii">
        <text>A program licensed by the Maryland Department of Health under Title 7 or Title 10 of the Health – General Article;</text>
      </level>
      <level label="iv">
        <text>A freestanding hospice care program regulated by the Maryland Department of Health under Title 19, Subtitle 9 of the Health – General Article;</text>
      </level>
      <level label="v">
        <text>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;</text>
      </level>
      <level label="vi">
        <text>A retirement community that is owned by or affiliated with a church or religious organization;</text>
      </level>
      <level label="vii">
        <text>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</text>
      </level>
      <level label="viii">
        <text>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.</text>
      </level>
    </level>
  </level>
</section>
