- Eve Bois
- ALAG inc
- July 8, 2015
1- Is it possible to use different capped load factors for different occupants of a building (example: occupant "A" is capped at 15%, occupant "B" is capped at 18% and occupant "C" is not capped)? If yes, can it be different for 2 occupants on the same floor?
2- Is the owner obliged to provide the "Global summary of areas" to all tenants? Which would mean that, if the capped load factor can vary, a tenant could see that other tenants are advantaged?
3- Is it possible to use the 1996 standard for Tenant A and the 2010 standard for Tenant B? (because the lease of each one doesn’t refer to the same standard)
Thank you in advance for your answer
- David Fingret
- Extreme Measures Inc.
- July 8, 2015
Hi Eve,
Good questions. Here are my answers.
1. Capped load factors may only be applied on a per floor basis. Although you may have different capped load factors on each floor, the same capped load factor must be applied to all the occupants on the floor. You are under no obligation to charge one occupant the capped load factor and another occupant the non-capped load factor.
2. No, the owner is not obligated to provide the Global Summary of Areas spreadsheet to occupants.
3. Yes, you can use both standards. The measurement standard used is established in the lease.
- Eve Bois
- ALAG inc
- July 8, 2015
Thank you for your fast answer.
Just to be sure, is it possible to use a capped load factor for one floor and not for another floor?
- Eve Bois
- ALAG inc
- July 9, 2015
If the Global Summary of Areas spreadsheet does not have to be provided to occupants, why is it impossible to have different capped load factors for different occupants on the same floor? Or to have a capped load factor for one occupant and none for another occupant?
- David Fingret
- Extreme Measures Inc.
- July 14, 2015
I recommend reviewing page 20 of the BOMA Office Standard and reading the definitions for Capped Load factor and Capped Rentable Area. The standard clearly states that the Capped Load Factor is determined on a floor-by-floor basis.
The lease will always dictate how you rent space, so you are not obligated one way or another to use the capped rentable area or the organic rentable area; however, if you are applying a capped load factor, the global summary of areas spreadsheet must calculate the load factor on a floor-by-floor basis.