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Public-record case study

Macerich Queen Creek AZ: CAM cap breach 4% NON_CUMULATIVE case study

A public-record retail CAM case study showing $13,100 in CAM overcharges: landlord billed $127,500 against a $114,400 cap (4% over prior year $110,000).

Retail Tenant (Macerich Queen Creek Marketplace)2022 statementNNN leaseRetail

Apparent overcharge

$13,100

Findings

1

High confidence

$13,100

Source

AZ Superior Court, Maricopa County, Case #CV2023-014772
Prior year CAM: $110,000. Cap sets 2022 maximum at $114,400.
Billed: $127,500, which is $13,100 over cap.

What happened

The tenant's lease at Queen Creek Marketplace set a 4% annual CAM cap. Prior year CAM was $110,000, capping 2022 at $114,400. The reconciliation billed $127,500, which is $13,100 above the cap, representing a 15.9% year-over-year increase that the lease explicitly prohibited.

Findings from the pipeline

Rule 6: CAM Cap Violation

high confidence

$13,100

CAM billed ($127,500.00) exceeds the 4.0% NON_CUMULATIVE cap. Max allowed: $114,400.00 (prior year $110,000.00). Overcharge: $13,100.00.

Lease evidence

CAM charges shall not increase by more than four percent (4%) per year on a non-cumulative basis. Section 6.3.

Section 6.3, page 11

Math proof

prior_year_billed=110000.00, cap_rate=0.04, max_allowed=114400.00, billed=127500.00, overcharge=13100.00

Lease evidence

  • 4% annual NON_CUMULATIVE CAM cap (Section 6.3).
  • No cap banking: unused capacity does not carry forward.

Why this matters for your firm

CAM caps are supposed to provide budget certainty, but landlords sometimes omit the cap calculation when preparing reconciliation statements. Tenants who pay without checking the cap math effectively waive the protection their lease provides.

Correction package excerpt

Request for Cooperative Review of Certain Line Items. The automated review flagged an apparent CAM cap breach of $13,100.00 for the 2022 reconciliation year.

Detection guide

CAM cap violation guide

Frequently Asked Questions

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Public-record note

This page summarizes public-record documents and CAMAudit output for educational and marketing purposes. It does not imply endorsement by Retail Tenant (Macerich Queen Creek Marketplace) or any third party. Readers should review the underlying lease, statement, and dispute timeline for their own facts.

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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.

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