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Understanding Common Area Maintenance Fees

Understanding Common Area Maintenance Fees

Posted by Trashcans Unlimited on 16th Feb 2018

Real estate can be hard. The real estate professional Anthony Hitt once said, “To be successful in real estate, you must always and consistently put your clients' best interests first. When you do, your personal needs will be realized beyond your greatest expectations.” Being able to anticipate and meet your tenants’ and your visitors’ needs is essential to a successful and happy real estate business.

Despite this, it is very easy to fall into bad habits. One key problem commercial property owners face is properly calculating maintenance fees. A landlord that charges his tenants too little faces a negative cash flow problem and possible bankruptcy. Too high a fee will corrode tenants’ trust in the property management and make the rental property less attractive. It is essential for commercial landlords to present the correct maintenance fee calculation the first time.

This article will look at how commercial

fees are determined and present tips toward making the calculation easier.

Understanding Commercial Maintenance Fees

As a commercial property owner, you have many responsibilities. You are responsible for the condition and cleanliness of the façade of the property. You are also responsible for the condition and appearance of the landscaping, the exterior and interior common areas, and the service systems – such as security and HVAC systems – that are common throughout the property. These costs are collectively called a property’s Common Area Maintenance (CAM) cost. This cost is shared by the tenants – along with taxes and insurance cost – as a monthly or annual charge in excess of rent on a pro rata basis equal to the number of rented square feet divided by the property’s total rentable square footage.

The CAM cost should include:

  • Labor cost for any common area maintenance employees or contractors,
  • Maintenance supplies and material costs,
  • Monitoring costs,
  • Depreciation on maintenance equipment,
  • Utility costs,
  • Capital improvement costs on common areas, such as repaving the parking lot or new landscaping plants,
  • Signage,
  • Waste disposal, and
  • Compliance fees, such as construction permit fees.

In a commercial lease situation, typically tenants agree to a CAM budget that is an estimate of what the common area maintenance will cost. On a monthly or annual basis, property owners go through CAM reconciliation, where the actual common area maintenance cost is tallied and compared to the budget. Based on this, the property owner will either issue refunds or will bill for the difference.

Both refunds and additional billing for CAM reconciliations ae undesirable. A refund may lead a tenant to think his CAM budget is too high and may trigger the tenant to push for a renegotiation of the lease’s terms. Conversely, a tenant may be hesitant to pay for fees above what is agreed upon on the lease, leading to frustration and dissatisfaction.

Factors affecting a property’s CAM include:

  • The size and shape of the property,
  • The amount of the property’s square footage that is common area,
  • Tenants’ responsibility for maintaining common areas,
  • The size of the maintenance staff and if the maintenance staff are employees or contractors,
  • The frequency of maintenance on-site,
  • The existing condition of the property, and
  • The extent that the property is designed to be low-maintenance

Of all of the factors that could affect your CAM, establishing your property to be low-maintenance or lower-maintenance may be the easiest to control. For example, landscapes that are largely rocks or low-maintenance plants like cacti are easier to maintain than a rose garden. Similarly, encouraging visitors to be responsible for the common area by – for example – providing easily-accessible garbage cans will reduce your maintenance labor costs.

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Managing Your CAM

There is no hard and fast formula for figuring out your CAM. However, when figuring out your property’s CAM budget, you should consider the following:

  • If you have factor in everything that you must pay to maintain the common areas and are these costs clearly enumerated in the lease. If you must pay for snow plowing and removal, for example, will this cost be removed from the budget during the summer or will this be handled in reconciliation? Are your tenants clear about this process?
  • If your tenants are willing to take on any common area maintenance responsibility? If so, are these responsibilities written down and signed? How often are you monitoring these tenant-led repairs?
  • If your tenants’ interpretation of your CAM fees too narrow. It may be that your tenants believe that they are paying for specific common area maintenance tasks, like snow removal. It is important that both you and your tenants understand that CAM covers all shared spaces and services and all costs associated with them, direct or indirect. Basically, you should never allow a tenant to sign a lease with you unless he/she is perfectly clear of what he/she is expected to pay, and you should never offer a lease to sign if you are unsure what you need to charge.
  • If you are only charging what you honestly expect the maintenance costs to be. This charge may reflect an automatic annual increase for inflation, but unexplained or unexpected charges may be read as being disingenuous.
  • If there is a clearly defined remediation process for CAM disputes. It may be that you did get the calculation wrong. If you are upfront, however, about the process and willing to discuss problems as they emerge, it will go a long way to preserving tenant confidence.
  • If you are being fair. A tenant’s share of the CAM is based on his/her share of the total rentable square footage. However, if you have tenants that lease entire floors of your property, it may be unfair to charge CAM for those floors to your other tenants. It should be clear to all of your tenants how such issues are addressed.

Not all property owners charge CAMs. Some owners structure their rent to cover maintenance costs without the need of a separate charge. Regardless, though, of if your rent structure covers maintenance fees or if you charge a separate charge, you must be clear with your tenants of what these charges cover and how dispute and accountability are handled.

Most importantly, if you charge for maintenance, you must ensure that the maintenance is done. If you charge for trash removal, for example, and a tenant has to call you about the trash bins overflowing, this will reflect poorly on you.

Charging for maintaining your building is neither preferable nor easy, but with preparation, it can be a manageable task.