Reconciliation of Common area maintenance charges or CAM expenses, as it is commonly referred to, is an important lease administration task. This blog provides a quick CAM audit checklist that lease administrators can use when reconciling CAM charges.
Check the definition of Common Area Maintenance (CAM) charges as per the lease
One of the first places to start is the lease’s CAM clause. The items under CAM header will vary depending on the lease type and also sometimes, it may vary from lease to lease even if the leases are of the same type. Reviewing the lease’s CAM clause helps you understand and interpret the CAM charge computations accurately. It helps you understand the various components of CAM charges as per the lease and how they are computed. For example, what happens if you moved into a fairly empty building that’s only gradually filling up? How is the CAM divided among the existing tenants including you, until the time there’s 100% occupancy? What will be the repercussions on your CAM charges as new tenants are signed up.
Check for exclusions
Be sure to check your lease for CAM exclusions. Exclusions in your leases will point out to expenses that are not a part of the CAM expenses. If your lease explicitly lists out items that the landlord cannot charge you for under the CAM header, double check to ensure they are not a part of your CAM invoice presented by the landlord.
Look for expense caps and ensure they have been adhered to
Leases sometimes also include caps on CAM charges, i.e, a limit on how much the landlord can charge you for the CAM expenses. Check your lease to figure out if it enforces any expense caps, and if it does, then ensure they are being adhered to. Usually expense cap clauses specify the percentage by which the Landlord can increase the CAM charges annually. Make sure the calculations presented by your landlord are in line with the expense caps.
Remember the effect of occupancy rates on your CAM charges
Depending on the lease type, occupancy also plays a key role in affecting the CAM charge amounts. If CAM charges are shared on a pro-rate share basis among tenants, each tenant’s share of CAM expense will fluctuate with the occupancy of the leased premises. It will increase if the occupancy rate drops and decrease when a new tenant moves into an empty space in the leased premises, as they will now share the CAM expenses too. While this seems pretty straightforward, this factor is often overlooked–especially if a new tenant comes into the picture during the middle of the lease year. Make sure you check for any new tenant move-ins during the lease year and it’s impact on your CAM charges owed.
Pro–rata share calculations
Pro-rata share calculations are a big element when it comes to determining the accuracy of the CAM charges levied upon you. Ensure your pro-rata share has been calculated accurately and you are paying only the percentage of CAM charges that you actually owe as per your pro-rata share.
If there are amortizations factored into the CAM charges, then, are they as per the lease stipulations?
Are there any amortized expenses that the landlord is passing on to you as a part of CAM? If yes, make sure they are factored in as per the lease. While leases often allow landlords to amortize and pass on capital expenses related to improvements in the common area, you need to ensure it is done as stipulated in your lease. And remember, as discussed above, even the amortization amount will decrease if there’s an increase in the occupancy rate of the leased property.
Know your audit rights
Most leases specify audit rights that tenants have in terms of CAM expenses, that allow tenants to audit the landlord’s ledgers and peruse their invoices related to CAM expenses to ensure the CAM charges levied upon the tenant is accurate. It is important that you know you audit rights as a tenant and exercise them when the need arises.
When it comes to CAM reconciliation you know that making even a miniscule calculation mistake can cost you thousands of dollars. CAM Audit is a key lease administration function that needs 100% focus and concentration–which can be challenging if your lease administrators are overworked. RE BackOffice can help you overcome this challenge through our team of virtual lease administrators. You can hire our virtual lease administrators to support your in-house lease administration team, so their focus is never diluted due to work pressure.
Contact us at support@rebackoffice.com today to learn more!