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Public-record case study

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).

Retail Tenant (Simon Property Group Copley Place)2022 statementNNN leaseRetail

Apparent overcharge

$8,340

Findings

1

High confidence

$8,340

Source

Suffolk County MA Superior Court, Case #2023-0482
Prior year CAM: $72,000. Cap maximum: $74,160.
Billed: $82,500, which is $8,340 over cap.

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 for your firm

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.

Correction package 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.

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 (Simon Property Group Copley Place) 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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