Member percentage interest in condo used to calculate sq ft - Doesn't match actual

[Laura Casner]

Condoized mixed use landlords: I could use some help navigating the complexities off member percentage interest sq footage vs actual. 

The sq footage of the unit is listed as 1351 and a previous appraisal was based on this.  The 1351 number was calculated by the initial developers as member percentage interest 3.9% of the total sq footage of the building: 34,648 and that's what the appraiser went by. But the actual measured sq footage is 1,116 (exterior to exterior) which is quite different.   

My question is - when it comes to renting out the space and charging a price per sq ft., which calculation is it legally and customary to use? The member percentage interest calculation or the actual measured sq footage? I thought the member percentage interest was used predominately to calculate NNN costs/pro rata share and not sq footage...

[Greg Scott]

Quote from @Laura Casner:

Quote from @Ronald Rohde:

what does your lease say about re-measurement rights? are you past that window? what do you pay for rent? what is the monthly delta?

 Our lease doesn't say anything about re-measurement and therefore there is no window. The landlord simply refuses to accept our comments and just says "well you signed a lease to pay X$ per month." It's clear they are not willing to even talk about it and we would have to make a big issue of it - threaten to pull out of the lease or bring in lawyers, and that doesn't seem to make a lot of sense because it will just make our lives hell and cause our business to suffer. I guess they know that. The difference would be $6,800/year with a 3% increase over 5 years. 

If you don't want to pursue a change in rents now, at a minimum it appears you can use this as a negotiation point for a lease renewal.