Simon Copley Place MA: CAM cap breach 3% NON_CUMULATIVE case study
A public-record retail CAM case study showing $8,340 in CAM overcharges: landlord billed $82,500 against a $74,160 cap (3% over prior year $72,000).
What happened
The lease at Copley Place set a strict 3% annual CAM cap. With prior year CAM of $72,000, the 2022 maximum was $74,160. The reconciliation billed $82,500, which is 14.6% above the prior year, nearly five times the contractual limit.
Findings from the pipeline
Rule 6: CAM Cap Violation
high confidence
$8,340
CAM billed ($82,500.00) exceeds the 3.0% NON_CUMULATIVE cap. Max allowed: $74,160.00 (prior year $72,000.00). Overcharge: $8,340.00.
Lease evidence
Annual increases in CAM charges shall not exceed three percent (3%) over the prior lease year. Section 9.2.
Section 9.2, page 16
Math proof
prior_year_billed=72000.00, cap_rate=0.03, max_allowed=74160.00, billed=82500.00, overcharge=8340.00
Lease evidence
- 3% annual NON_CUMULATIVE CAM cap (Section 9.2).
Why this matters
Low-cap leases (2-3%) are particularly vulnerable because even modest cost increases exceed the cap. Tenants in Boston's high-cost retail market often have tight cap provisions negotiated specifically to limit exposure, and those caps are most valuable when enforced.
Dispute letter draft excerpt
Request for Cooperative Review of Certain Line Items. The automated review flagged a CAM cap breach of $8,340.00 for the 2022 reconciliation year.
Related Resources
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