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Homeownership Issues

Homeownership is a goal for most Americans, but it is a big responsibility. There are many financial, legal, and maintenance issues that you must keep up with.

CC&Rs Without an HOA: Public Records, Enforcement

Posted December 9, 2020 by Robert Linker
CC&Rs without a homeowners association

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.

Read more about CC&Rs without an HOA.

 

What is a Nonconforming Structure Variance in Real Estate?

Posted November 9, 2020 by Robert Linker
Zoning Law Changes

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.

Read more about nonconforming building variances.

 

What is a Nonconforming Use Variance in Real Estate?

Posted November 9, 2020 by Robert Linker
Nonconforming use

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.

Read more about nonconforming use variances.

 

PUD in Real Estate: Zoning, Ownership, Riders on Mortgage

Posted March 19, 2020 by Robert Linker
PUD

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.

Learn more about PUD.

 

Rules of eminent domain: Public Use and Just Compensation

Posted March 12, 2020 by Robert Linker
Rules

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.

Read more about the rules o eminent domain.

 

Eminent Domain in Real Estate: Abuses, Protections, Fighting

Posted March 11, 2020 by Robert Linker
Eminent Domain

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.

Read more about eminent domain.

 

Encumbrance in Real Estate: Liens, Easements, Taxes, and Title

Posted March 6, 2020 by Robert Linker
Encumbrance

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.

Read More...

 

CAM in Real Estate: What does it Include, and is it Negotiable?

Posted February 7, 2020 by Robert Linker
Common Area Maintenance

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.

Learn more about CAM

 

Real Estate Security: Asset, Liability, Carrying Cost, Cash Flow

Posted January 30, 2020 by Robert Linker
Real Estate securities are investments in real estate

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.

Also, property you own in an L.L.C. or other partnership may be a security.

 
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