[§514B-42]  Metering of utilities.  (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 such 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 or bylaws.  The
requirements of this subsection shall not apply to projects for which
construction commenced before January 1, 1978.



(b)  Subject to any approval requirements and
spending limits contained in a project's declaration or bylaws, a board may
authorize the installation of meters to determine the use by the individual
units of utilities, including electricity, water, gas, fuel, oil, sewerage, air
conditioning, chiller water, and drainage.  The cost of metered utilities shall
be paid by the owners of the units 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. [L 2005, c 93, pt of §2]