Marijuana

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Mount Shasta Forest residents protest large pot grows (CA)

On the cross streets of Hotlum and Wintoon at the entrance to the Mount Shasta Forest Property Owner’s Association, just a few miles east of McCloud, there is a line of picketers protesting against illegal non-compliant growers. About a dozen

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Law a little gray on HOA ability to ban marijuana (CO)

Twice in recent weeks, I’ve been asked informally whether an owners association can regulate the possession, use and/or cultivation of marijuana. On both occasions, my response was: “Wow, that’s a really good question. I don’t have a clue.” I have,

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Case wades into excessive water use in condos (ON)

The news that the recently elected federal Liberal government plans to legalize marijuana may leave Canadians happy, sad, or just very, very mellow. However you feel about it, the changing landscape is bound to create unintended dilemmas for condo corporations.

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Anti-marijuana efforts surge in Fairbanks borough

A Salcha man is launching an initiative with hopes to keep legal marijuana trade out of the borough, while the president of a strip mall condominium association maintains pot shops are prohibited in the River Mall on College Road under

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Medical marijuana exempt from “no smoking” law?

The new bill, sponsored by the California Apartment Association, would make it clear: medical marijuana smoking can be banned wherever smoking is prohibited. That includes within 1000 feet of schools and recreation centers (unless it’s in a residence), on school

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More Colorado Homeowners Associations consider pot rules

More Homeowners Associations are taking on the issue of marijuana. Some even passing rules and regulations that are much stricter than state laws.     Read the article………….

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High times at condo association

It’s almost spring. That means it’s almost time to be sitting outside on your deck, having a drink with friends, laughing, looking up at the stars, breathing deeply the fresh clean air … and hacking because a neighbor is smoking.

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Hoarding & Marijuana…. What’s an Association To Do?

In addition to risks experienced by first responders responding to emergency calls, health problems include falls or accidents in the unit, clutter, garbage, animal or human feces, and the resulting mold or infestation can also cause respiratory and other health

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Stoner tenant is smoking out Central Park West condo: lawsuit

The address is 400 but board members of this Central Park West condo say it might as well be ‘420’ — code for marijuana smoking — as one resident’s chronic habit is making the apartment building reek.     Read the

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Was police dog sniff outside Connecticut condo door legal?

A Connecticut marijuana bust has turned into a potential precedent setting case on whether apartment and condo dwellers have the same rights as house owners when it comes to police using drug-sniffing dogs outside their homes.  Read the article…………..

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HOA Files Lawsuit Against Grow House Owner, Renter (CO)

The homeowners association of a wealthy area in Larkspur has filed a lawsuit against the owner of a home and the renter who is growing pot inside.  The HOA has been trying for a couple of years to get rid

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Washington (DC) condo builder reaps sales with grow closets for pot

Hirshfield was careful, per his lawyer’s instructions, to label his closet a grow closet and not a marijuana grow closet. When he staged the condo for sale, he used tomato plants as props in the closet.    Read the article…………

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Marijuana in Communities

We are often asked whether a condominium association may prohibit cigarette smoking in common areas, or in units or single family homes. Now that using marijuana is legal in Oregon and Washington, some associations are wondering if they can or

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Marijuana and HOAs – What Can HOAs Do?

Odors from marijuana have now come to the forefront. Not just from smoking, but from cultivation.  For many attached home communities, the issue is no longer theoretical, it’s practical – smoke from marijuana use and odor from marijuana cultivation is

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Fire breaks out in condo of marijuana operation (CA)

A condominium and garage in Anaheim where a non-injury fire broke out contained a marijuana growing and hash oil extraction operation, authorities said Thursday.   Read the article……..

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New condo owner’s cannabis smoking disturbs tenants

Q: I own and rent a condo in a nice neighborhood. The condo below mine has been sold to a young lady who heavily smokes medicinal cannabis with her boyfriend. She has a card that proves she has the right

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Reefer madness: Dealing with marijuana-smoking neighbours

Q: I live in an apartment-style condominium complex where there are at least three units that house frequent marijuana smokers. The smell is strong. I have called the police about it, and they suggested I call the property manager. The

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DC Condo Asks Tenants to Snitch on Neighbors If They’re Smoking Pot

A DC condo in Chevy Chase is telling its tenants that they can’t smoke pot in their homes and that they need to tell them if their neighbors are smoking weed, according to a report by Washingtonian magazine.   Read the

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Seeking condo restrictions on marijuana users isn’t blowing smoke

In your recent Q&A about smelling marijuana smoke in a development where he lives, the writer says, “… it still stinks up the whole block.” That is utter nonsense. Dogs can smell “green” marijuana plants from hundreds of feet away;

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Marijuana in Community Associations

For some condominium and homeowner associations, marijuana (smoking and growing) is becoming a concern. There are a handful of tools the board of directors may consider to handle these issues.    Read the articles……………….

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Could legal marijuana use in condos go up in smoke?

Q. Usually the questions directed to you are about legal problems such as smoking laws and homeowners associations, and the association usually wins.  But what will be the outcome on legal marijuana? Pot stinks just a badly as cigarettes. If

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How should condos regulate legal pot use?

Usually the questions directed to you are about legal problems such as smoking laws and homeowners associations, and the association usually wins.  But what will be the outcome on legal marijuana? Pot stinks just a badly as cigarettes. If it’s

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Marijuana Use in Your Community: What to Prepare For

More and more states are approving legal recreational use of marijuana. However, that doesn’t mean every neighborhood wants it around. If it’s already legal in your state, or if it becomes legal in your state, there are some steps you

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Where there’s smoke, there’s ire: Approaching the hot- button issue of medical marijuana in the housing context

It’s well known that Massachusetts legalized the medical use of marijuana several years ago, but what exactly the move means for landlords and condominium associations remains largely an open question.     Read the article…………

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High Time for Condo Communities: How Will You Handle Medical Marijuana Requests?

One of our clients received a request recently to waive the association’s smoking ban to allow a resident to smoke medically-prescribed marijuana. This is the first such marijuana-related accommodation request our office has seen (though it certainly won’t be the

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Neighborhood association president in trouble for growing marijuana

The president of the Voluntary Neighborhood Association of the Will Rogers Park area is in trouble for growing marijuana inside his house.    Read the article………..

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ND Supreme Court: Warrantless drug-sniffing dogs OK in condos

The North Dakota Supreme Court says it’s OK for police to bring drug-sniffing dogs into privately owned condominiums without a warrant.  The opinion posted last week rejected an appeal by Andrew Williams, a West Fargo man who was arrested for

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Going to Pot

States are relaxing restrictions on marijuana, which means conflict is coming to community associations. What is clouding the debate?  It doesn’t happen often. But every couple of months, there’s that unmistakable smell wafting through a hallway at Penn Square Condominium

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What happens when marijuana is legal and HOA rules are hazy?

More than 20 U.S. states allow certain people to grow, sell, possess or use marijuana to varying degrees and for various purposes, although federal law still classifies weed as an illegal drug.  Given that contradiction, what rules apply to people

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Dear Stoner: Can I Toke Up at My Condo?

Dear Stoner: Can I freely smoke marijuana in my condo? I own the condo, and the condo association has no rules about smoking. Also, can I smoke freely on my balcony?    Read the Q&A…………

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Downtown Vancouver condo building to lose insurance when pot dispensary moves in

The residents of a condominium complex near Hornby and Beach have been told that having a medical marijuana dispensary in their building will mean the cancellation of the building’s insurance, one of the condo owners said Thursday.   Read more

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Marijuana in Condominiums: Nuisance and Legal Consequences

Until recently, many co-owners were concerned about secondhand smoke issues relating to tobacco products in the condominium project and how to limit its impact and/or eliminate the smoke entirely. However, attitudes regarding the acceptable use of marijuana are changing. More

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North Dakota man arrested for dealing pot says drug dog should not have been allowed in condo

The North Dakota Supreme Court has ruled it’s OK for police to bring a drug-sniffing dog into a secured apartment without a warrant, but now the court is being asked to decide whether that opinion applies to owned condominiums.  

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Can HOAs Prohibit Medical Marijuana–The Answer May Surprise You!

Many states allow medical marijuana use. A few states even allow recreational use. With the rise in marijuana use, HOA attorneys receive more and more requests for legal opinions as to what the homeowners can do and what rights the

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Marijuana Legalization Meets Challenges With Homeowner’s Associations

Can homeowner’s associations (HOA) tell residents they cannot use, grow or distribute marijuana – even if the state says they can? The issue is gaining controvery in Colorado and other states where pot is legal.    Read more……..

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Pot may be legal, but homeowner agreements can ban (CO)

Homeowners’ associations can’t ban members from using marijuana in their homes when it’s legal. But if neighbors can see or smell weed, the law is clear — HOAs have every right to regulate the drug as a nuisance, or a

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Marijuana: Coming to an Association near you….

On June 16, 2014, Governor Rick Scott signed two bills into law, collectively referred to as Charlotte’s Web, which legalize the use of marijuana to treat conditions such as epilepsy, Lou Gehrig’s disease, and cancer. As medical marijuana laws continue

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Hemp: How an HOA ruling is forcing Jim Denny to give away all his plants (CO)

Jim Denny has 7,500 square feet of hemp plants and a problem: His homeowners association has found that his plants are a violation of the HOA rules and has ordered him to “replace” them by the end of next week.

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Secondhand smoke and your condominium: How to navigate the changing legal landscape

It’s a hot-button topic producing scientific studies, legal changes, and a whole lot of frustration on the part of condominium owners. It’s secondhand smoke. And since January 1, 2013, in Mass., the issue isn’t limited to cigarettes, but includes medical

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Caught in the Marijuana Maelstrom

Homeowners’ associations are also beginning to realize how complex the issue of legalized marijuana can be. An HOA board in Arizona voted to ban subdivision residents from smoking pot in their yards and on their patios recently, though medical marijuana

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Marijuana and HOA’s: What Can HOA’s Prohibit?

The recreational use of marijuana is now legal in Colorado and Washington; however, it continues to raise problems and controversy within HOA communities. While some individuals feel it is their right to smoke marijuana in their HOA, others do not,

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Marijuana Policies Debated At HOA Conference (CO)

How to deal with marijuana smoking on private property was the subject of debate at a Homeowner’s Association conference in Denver.  Currently HOAs are treating marijuana as another nuisance and many are trying to work within their own policies.  

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Anticipated push by HOAs against smoking pot getting hazy

The home of Aurora resident Van Lewis sits so close to a golf course, you can see a red flag marking a hole from his ground-level patio. His condo is part of the Heather Ridge South Homeowners Association, where he

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Medical marijuana: OK, it’s legal. Now, how do we live with it?

Some 20 states have legalized the use of medical marijuana. But the struggle is just beginning over how to make it work where people live, such as this housing association in Phoenix.    Read more……..

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Chandler (AZ) HOA rescinds ban on medical marijuana

Bowing to pressure from residents, the board of Carrillo Ranch, a homeowners association in Chandler, has reversed its ban on residents smoking medical marijuana in their front and backyards and on their patios.    Read more…….

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7 Illinois Laws Community Associations Need To Know

Chicago Financial Books and Records Disclosure Ordinance Manager Licensing Medical Marijuana Concealed Guns Furnace Efficiency Chicago Energy Use Benchmarking Ordinance Chicago Bed Bugs Ordinance Read more……..

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The reality of legalized marijuana

Because you can’t smoke marijuana in public, since January 1st there has been confusion with homeowners association. Attorney David Firman’s firm represents 1800 Homeowner’s Associations across the state. He says he gets daily questions from apartment and resort developments concerned

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Survivor of cancer fights HOA ban on medical marijuana (AZ)

A cancer survivor who lives in Carrillo Ranch in Chandler says he will begin circulating a petition to overturn that homeowners association board’s rule that homeowners and guests cannot smoke medical marijuana in their yards or on their patios.  

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HOA bans medical marijuana in home yards (AZ)

The board at Carrillo Ranch, a homeowners association in Chandler, has ruled that residents cannot smoke marijuana — medical or otherwise — in their backyards, front yards and patios.   Read more…….

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Man says condo grow op is making his boy sick (ON)

Legal is the catch word. But Dennis Hildebrand is sick of hearing it. He says he and his son are also falling ill due to a legal marijuana grow operation in his Peterborough condominium building.   Read more………

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