Choice Health Douglas Investment Group, Inc. v. Devcon Enterprises, Inc.

The issue on this appeal is whether a shopping center’s imposition on its tenants of a separate property management fee as an operating expense constituted a breach of the parties’ commercial lease and a violation of G.Lc. 93A, §11. The trial court found that the management fee was not only excessive, at five (5%) percent of gross rents, but also redundant because it was assessed in addition to a fifteen (15%) percent fee for the owner’s administrative costs. Concluding that both the amount and the imposition of the management fee were proper, we reverse the judgment of the trial court

The…