Saturday, December 15, 2007

Judge considers tenants' CAM lawsuit

A Honolulu circuit court judge is considering a case in which a group of tenants at a downtown office building is asking the landlord to reveal details of the building's increase in common area maintenance expenses.

The Ocean View Center tenants -- which include four law firms and a construction company -- want landlord OVC Properties LLC to disclose the details behind increases in the building's management fees.

The two sides were in court Wednesday as First Circuit Judge Bert I. Ayabe heard arguments on the tenant's motion for a summary judgment. Ayabe took the case under advisement.

The lawsuit filed in May claims that several months after buying the building the landlord raised the CAM charges, or operating expenses, because of increases in insurance premiums and administration costs. The building's operating expenses for 2007 are $1 per square foot per month.

The case is being watched closely tenants of many other Oahu properties who have complained that maintenance fees are being raised arbitrarily.

The tenants -- Oliver, Lau, Lawhn, Ogawa & Nakamura; Erik D. Eike; Ning, Lilly & Jones; Park Park Yu & Remillard; and Dick Pacific Construction Co. -- asked for detailed information on operating expenses but claim that they were not permitted to review the details unless they signed a confidentiality agreement.

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source: bizjournals.com

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