QUOTE(aurora97 @ Sep 8 2015, 01:03 PM)
i can't see anywhere in the SMA that there's a specific carve out for the term "common property".
it is the duty of the JMB/MC to maintain the common property using funds from the "maintenance account".
in relation to wear and tear or whether the floodlights should be turned on, it should be inclusive within the term of common property. In this respect, factored into your maintenance fee.
that being said, JMB/MC can restrict the use of floodlights, say until 10pm because it can be nuisance to other owners.
I think the most tricky part of the question is when you have a mix development, how do you apportion maintenance fee between commercial and residential parcels?
Then the question of separate charges may arise.
this issue then again is resolved by setting up a subsidiary JMB/MC, to split the cost and function of certain common property.
under new act, sub-mc can be formed, no?
eg. if they really want, selected facilities can be parked under sub-mc maintenance and thus incurred separate charges.
and for mixed development, yes, differential charges is possible plus different weightage for the share unit as well.