(a) Units in a project that includes units designated for both residential and nonresidential
use shall have separate meters, or calculations shall be made, or both, as may be
practicable, to determine the use by the nonresidential units of utilities, including
electricity, water, gas, fuel, oil, sewerage, air conditioning, chiller water, and
drainage, and the cost of the utilities shall be paid by the owners of the nonresidential
units; provided that the apportionment of the charges among owners of nonresidential
units shall be done in a fair and equitable manner as set forth in the declaration
Notwithstanding any provision to the contrary in this chapter or in a project's declaration
or bylaws the board may authorize the installation of separate meters to determine
the use by each of the residential and commercial units of utilities, including electricity,
water, gas, fuel, oil, sewerage, and drainage; provided that the cost of installing
the meters shall be paid by the association.
(b) Notwithstanding any approval requirements and spending limits contained in a project's
declaration or bylaws, the board of any association may authorize the installation
of meters to determine the use by each individual unit of utilities, including electricity,
water, gas, fuel, oil, sewerage, air conditioning, chiller water, and drainage; provided
that the cost of installing the meters shall be paid by the association. The cost of metered utilities shall be paid by the owners of each unit based on
actual consumption and, to the extent not billed directly to the unit owner by the
utility provider, may be collected in the same manner as common expense assessments. Owners' maintenance fees shall be adjusted as necessary to avoid any duplication
of charges to owners for the cost of metered utilities.
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