Are there restrictions on how much I can charge for utilities in my condo unit?
Yes, there are restrictions on how much a condo owner in North Carolina can charge for utilities in their unit. Under North Carolina law, condo owners can only charge their tenants what is known as a “utility allowance” which indicates the estimated cost of utilities for that unit. The utility allowance is calculated based on the total energy costs for the entire building divided by the number of units. The utility allowance is reviewed annually or whenever significant changes in energy costs occur. For a unit with multiple tenants, the tenant who occupies the unit for the majority of the time is responsible for payment of the full utility allowance. The other tenants are responsible for a pro-rated portion of the utility allowance for the months they occupy the unit. A unit’s owner may not charge more than the agreed-upon utility allowance. Any additional charges that exceed the allowed utility allowance constitute a violation of North Carolina law and can be subject to fines. Additionally, owners are obligated to inform their tenants if the utility allowance is adjusted for that building. If the tenants are renting on a month-to-month basis, the utility allowance must be reviewed every year to ensure it is adequate and appropriate. These restrictions are in place to protect condo tenants from being overcharged for utilities they use in their unit.
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