Liability for operation of a family child care home.

(a) Where a family child care home is authorized and established in compliance with this section, the association shall not be liable for any claims or causes of action for any injury to a child that is subject to the care of the family child care home, or to any of the child's relatives, guardians, or caretakers, that occur within the family child care home or on the common elements of the condominium project, planned community, or townhouse project in which the family child care home is located.

(b) This section shall not apply to an association that:

(1) Allows the operation of a family child care home that is:

(A) Not operated by an owner-occupant;

(B) Above the fourth floor; or

(C) Not established in compliance with the Equal Opportunity for Individuals with Disabilities Act, (Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., as amended); or

(2) Allows more than three per cent of the total number of apartments subject to the association to be used as a family child care home.

(c) As used in this section:

"Apartment" has the same meaning as set forth in section 502C-1;

"Association" has the same meaning as set forth in section 502C-1;

"Common elements" has the same meaning as set forth in section 502C-1;

"Condominium" has the same meaning as set forth in section 502C-1;

"Family child care home" has the same meaning as set forth in section 502C-1;

"Planned community" has the same meaning as set forth in section 502C-1; and

"Townhouse" has the same meaning as set forth in section 502C-1. [L 1999, c 242, §§2, 8(2); am L 2001, c 225, §3; am L 2005, c 20, §1]