CAM Cap Violation: How CAMAudit Detects This Overcharge
If your lease has a CAM cap and your landlord exceeded it, every dollar above the cap is an overcharge that compounds annually. A 3% cap violation on a $50,000 controllable CAM pool means $1,500 in overcharges per year, every year the violation continues.
How CAMAudit Detects This
CAMAudit extracts the CAM cap provision from your lease, including the cap percentage, the base year or comparison year, and whether the cap applies to all expenses or only controllable expenses. It distinguishes between annual caps (which limit year-over-year growth) and cumulative caps (which limit total growth from a base year).
The tool then retrieves the prior year's CAM reconciliation data (from the documents you upload) and calculates the maximum permitted charges for the current year by applying the cap percentage to the prior year's figures. If the actual charges exceed this ceiling, CAMAudit calculates the overage and flags it as a quantified overcharge.
CAMAudit also checks whether the landlord correctly excluded non-controllable expenses (taxes, insurance, utilities) from the cap calculation. A common error is applying the cap only to some line items while allowing uncapped expenses to grow without limit.
Real-World Example
A restaurant tenant's lease capped controllable CAM increases at 5% annually. Prior year controllable CAM charges were $28,400. The 5% cap set the ceiling for the current year at $29,820. The reconciliation showed $34,100 in controllable expenses. CAMAudit calculated the overage: $34,100 minus $29,820 equals $4,280 in overcharges for that reconciliation year.
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