2006 New York Code - Common Profits And Expenses.

 
    §  339-m.  Common  profits  and  expenses.  The  common profits of the
  property shall be distributed among, and the common  expenses  shall  be
  charged  to,  the  unit  owners  according  to  their  respective common
  interests, provided however, that expenses of insurance may  be  charged
  as provided in section three hundred thirty-nine-bb. Notwithstanding any
  provision  of  this  article,  profits  and  expenses  may  be specially
  allocated and apportioned by the board of managers in a manner different
  from common profits and expenses, to one or more  non-residential  units
  where  so authorized by the declaration and bylaws. In the case of units
  in any  building,  residential  or  non-residential,  or  a  combination
  thereof, profits and expenses may be specially allocated and apportioned
  based  on  special or exclusive use or availability or exclusive control
  of particular units or common areas by particular  unit  owners,  if  so
  authorized  by  the  declaration  and bylaws, in a manner different from
  common profits and  expenses.  Notwithstanding  any  provision  of  this
  article,  common expenses may be charged to the owners of units that are
  subject  to  a  regulatory  agreement  with  a  governmental  entity  or
  instrumentality  limiting  the household income of the residents of such
  units upon initial occupancy, where so authorized by the declaration and
  bylaws, in a manner that (i)  is  not  proportional  to  the  respective
  common  interests of such owners, (ii) limits the amount charged to such
  owners, or (iii) limits the rate at which the  amount  charged  to  such
  owners  may increase. The existence of such special allocation of common
  expenses and its financial impact upon all units shall be disclosed as a
  special risk in any offering plan.