In most communities CC&Rs are enforceable without an HOA. This is not always the case, thought. It depends on your state’s laws.
Without an HOA individuals need to step up confront the neighbor on their own or as a group.
A lawsuit should be the last resort for dealing with the problem.
Towns may grant a nonconforming structure variance when there is a major code violation that is expensive or very hard to remedy.
If you think your property may be in violation you should learn what the local laws are and get a survey.
Nonconforming use variances are granted when a property no longer complies with local zoning laws.
A business operating in a neighborhood when zoning laws change the area to residential probably will get a variance so they can continue to operate.
PUD in real estate is a planned unit development with a HOA. They enjoy flexible zoning.
Owners buy a lot and have access to opens spaces and amenities provided by the HOA.
The rules of eminent domain are confusing, emotional, and controversial.
They include, public use or purpose, just compensation, and right to due process.
Courts expanded these powers over time.
The government uses eminent domain to take land for public benefit.
They can only take your land for public use or purpose. Also, they must pay you a fair price for your home.
You can fight to stop the action based on use or compensation, but the litigation is often long and expensive.
An encumbrance in real estate can be land use or financial.
Land use restrictions include easements, setbacks and zoning issues.
Liens are financial issues and include mortgage, mechanics, and tax.
CAM in real estate includes common services and structures for tenants in a building.
These can get very complicated for commercial space, but are simpler for residential apartments and condominiums.
A real estate security is an investment. Further, it must have an expectation of profit, common enterprise, and depend solely for its success on the efforts of others.
Your home and properties that you manage, or help manage are not securities, but stocks in real estate investment companies are.