Section 23-101 - Definitions.
§ 23-101. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
(b) Hotel.- "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.- "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.- "Person" does not include an individual, a not for profit entity, or a public instrumentality.
(e) Retirement community.-
(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 Health and Mental Hygiene under Title 7 or Title 10 of the Health - General Article;
(iv) A freestanding hospice care program regulated by the Department of Health and Mental 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 Health and Mental 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 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.
[2004, ch. 292; 2007, ch. 8, § 1; 2008, ch. 36.]