This help desk is a free resource intended for discussion purposes only. Neither BOMA, its chapters, affiliates, or Extreme Measures Inc.® are responsible for the information, comments or opinions expressed herein. For complete information, refer to the official publications of the standards themselves.
After lease agreement signed, building owner has reassigned space formerly assigned as lease space to be amenity space (a gym) that tenant has no interest in, and reworked rentable area calculation. Does tenant have any recourse?
If building owner/other tenant is selling gym memberships, is this space considered lease space or amenity?
Hi Bryan,
First question: Sorry but that's a question better suited to the tenant's lawyer.
Second question: I believe that it should be Occupant Area (leased space). Otherwise, as an amenity area, it would be double dipping since every occupant in the building would pay a proportionate share of the gym area + there would be a charge for memberships. Those without memberships should not have to be burdened with the cost.