Q: I want to ensure that management of an apartment complex, which is residential only, cannot charge a CAM charge, which is for commercial properties only.
A: No, I'm sorry to say that is not correct. While CAM fees are usually only included as separately itemized fees in commercial leases, that does not mean it is illegal to include in a residential lease. It's simply a term of the lease and should be construed as part of the total rent. Moreover, realistically, CAM fees are always built into residential leases ... it's just that they aren't usually listed separately. For example, if the landlord builds a new pool for tenants to use, then the landlord may increase rent to all tenants as their leases expire. The landlord may not call it a CAM fee, but that's what the increase represents. In any event, I'll refer you to the following Nevada law:
NRS 118A.200 Rental agreements: Signing; copies; required provisions;disputable presumptions; use of nonconforming agreement unlawful.
1. Any written agreement for the use and occupancy of a dwelling unit or premises must be signed by the landlord or his or her agent and the tenant or his or her agent.
4. The absence of a written agreement raises a disputable presumption that:
(b) Maintenance and waste removal services are provided without charge to the tenant.
Clearly, if maintenance fees were not allowed in residential leases, then the law wouldn't state that maintenance fees are without charge if they are not written in the lease. Instead, the law would state that maintenance fees are never allowed.
I am truly sorry that my answer may be bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.
Also, despite the bad news, I would certainly appreciate it if you remember to provide a positive rating via the stars, as it is the only way that I'll get credit for answering your question(s). Thank you. :)