§514A-15  Common profits and expenses. 
(a)  The common profits of the property shall be distributed among, and the
common expenses shall be charged to, the apartment owners, including the
developer, in proportion to the common interest appurtenant to their respective
apartments; provided that in a mixed-use project containing apartments for both
residential and commercial use, such charges and distributions may be
apportioned in a fair and equitable manner as set forth in the declaration;
provided further that all limited common elements costs and expenses, including
but not limited to, maintenance, repair, replacement, additions and
improvements shall be charged to the owner of the apartment to which the
limited common element is appurtenant in an equitable manner as set forth in
the declaration.



(b)  An apartment owner, including the
developer, shall become obligated for the payment of the share of the common
expenses allocated to his apartment at the time the certificate of occupancy
relating to his apartment is issued by the appropriate county agency; provided
that a developer may assume all the actual common expenses in a residential
project containing no mixed commercial and residential use, by stating in the
abstract as required by section 514A-61 that the apartment owner shall not be
obligated for the payment of his respective share of the common expenses until
such time the developer files an amended abstract with the commission which
shall provide, that after a date certain, the respective apartment owner shall
thereafter be obligated to pay for his respective share of common expenses that
is allocated to his apartment.  The amended abstract shall be filed at least
thirty days in advance with the commission with a copy of the abstract being
delivered either by mail or personal delivery after the filing to each of the
apartment owners whose maintenance expenses were assumed by the developer. [L
1977, c 98, pt of §2; am L 1977, c 193, §2]