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Classification Rule

Utility Overcharge: How CAMAudit Detects This Overcharge

If your landlord is including utility costs for individually-metered tenant spaces or non-common-area services in your CAM pool, you are subsidizing expenses that belong to specific tenants. These misallocations typically run $2,000 to $8,000 per year in multi-tenant buildings.

Definition

Utility Overcharge

A utility overcharge in CAM occurs when utility expenses for individually metered tenant spaces, vacant units, or non-common-area consumption are pooled into shared CAM charges allocated to all tenants. Only utility costs for genuinely shared spaces (lobbies, parking areas, exterior lighting, HVAC for common corridors) belong in the CAM utility pool. Including tenant-specific or non-common utility costs in the pool inflates every tenant's share of expenses they did not consume.

Key Takeaway

Utility charges in CAM should reflect only shared consumption. Any utility cost tied to a specific tenant's space or to a non-common area is an improper pool allocation.

How CAMAudit Detects This

CAMAudit uses AI classification to evaluate utility line items in your CAM reconciliation and categorize them by consumption type: common area (eligible), individually-metered tenant spaces (not eligible), vacant space (not eligible), and landlord-specific uses such as management offices or storage units (not eligible without lease authorization).

The tool flags utility line items that do not match common area consumption characteristics, including line items referencing specific unit addresses, sub-metered tenant spaces, or consumption categories that are inconsistent with shared facility operations.

When line items are flagged, CAMAudit generates a finding that identifies the specific charge, the consumption category, and the reason it does not qualify as a shared common area expense. The finding includes the documentation request language you need to obtain the utility bills and sub-metering records under your audit rights clause.

Real-World Example

A CAM reconciliation showed $22,000 in utility charges for "building services." The backup documentation revealed $14,400 for parking lot lighting and exterior common area power (appropriate), $4,200 for utilities in Suites 200 and 205 (individually metered tenant spaces), and $3,400 for the landlord's property management office space. CAMAudit flagged $7,600 as non-common-area utility charges that should not appear in the shared CAM pool.

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Recovery of past CAM overcharges depends on your specific lease terms, including any audit rights deadlines or ‘binding and conclusive’ provisions, and on applicable state law. State statute of limitations periods apply to written contracts and range from 3 to 10 years; your actual lookback window may be shorter based on your lease. CAMAudit is a document analysis platform, not a law firm, and nothing on this site constitutes legal advice. Consult a licensed real estate attorney before initiating any dispute or legal proceeding.

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