As more states across the U.S. decriminalize the growing and use of medical and recreational cannabis, community associations must confront a variety of issues. Twenty states and Washington D.C., have legalized the personal use of cannabis. In addition, 18 more states permit medical use. Each year, the number of states where cannabis use is legal […]
Dealing with Marijuana Complaints in NYC Co-ops and Condos
The pervasive smell of marijuana in New York City is presenting challenges for co-op and condo buildings as residents complain about smoke and odors. Since August 2018, a mandate has required all residential buildings to establish a smoking policy and inform residents on the details. Read the article……………………………..
Recreational Marijuana Use in Ohio Community Associations: A Cause for Concern?
On November 7, Ohio voters will decide whether Ohio laws will permit the use of marijuana for recreational adult use. This includes not only the consumption of recreational marijuana, but also the ability to grow a certain number of marijuana plants at one’s home. As the voting date approaches, a number of board members and […]
What You Need to Know About Cannabis and Marijuana in Illinois Condos Under the Illinois Condominium Property Act
As Illinois became the 11th state to legalize marijuana in June 2019, it greatly impacted a condominium association’s right to simply restrict the consumption of marijuana in the condominium building(s). Previously, associations could rely on bans on criminal behavior to assert that marijuana could not be consumed, but that does not appear to be a […]
Addressing Complaints of Marijuana Smoke In Community Associations Following Legalization Of Recreational Marijuana Use In Delaware and Maryland
As of April 23, 2023, and July 1, 2023, Delaware and Maryland, respectively, have legalized the personal use of marijuana. In light of the recent laws, common interest communities across these two states may soon (if not already), contemplate how to appropriately address an uptick in complaints related to marijuana smoke. Read the article………………………..
What Can I Do About Marijuana Smoke in a Condo? (IL)
The legalization of marijuana in many states has raised concerns regarding the impact of marijuana smoke in shared places, particularly in condo buildings. For those experiencing such situations, you may be wondering what you can do if you feel bothered by the aroma of marijuana in your condominium building. Read the article………………………..
Our expert explains HOA rules regarding emotional support animals, cannabis use (FL)
Question: I am a board member of my condominium association. Is the board allowed to create rules or policies concerning ESAs in a condominium building? For example, can we impose weight limits, limit the number of animals per dwelling, exclude specific breeds, mandate that they only use the service elevator, etc. I’ve tried researching issue […]
Condo association: consider edibles rather than smoking weed (VA)
A condo association in Shirlington rolled out tips both smoking and non-smoking homes can implement to prevent the spread of stray smoke. One suggestion, targeted to marijuana users, is blunt: consider switching to edibles. Read the article………………………..
Minnesota Legalization: 4 Things to Keep In Mind With the End of Cannabis Prohibition
You can now have two pounds of cannabis flower in your home or two ounces when outside your home. Your limited to 8 grams of cannabis concentrate and 800 mg of edible products. At each residence, a +21 year or older adult can grow up to eight cannabis plants with four mature at a time. […]
What Homeowners Associations Need To Know About Decriminalization of Cannabis in Minnesota Part III: Prohibitions on Use of Cannabis in Multi-Family Buildings
The decriminalization of adult use and sale of cannabis will have a significant impact on Minnesotans, including those who live in homeowners associations. Part I of this article provided a broad overview of what the decriminalization means for associations. Part II focused on nuisance claims and the potential consequences for associations responding to such claims. […]
What Homeowners Associations Need To Know About Decriminalization of Cannabis in Minnesota Part III: Prohibitions on Use of Cannabis in Multi-Family Buildings
The decriminalization of adult use and sale of cannabis will have a significant impact on Minnesotans, including those who live in homeowners associations. Part I of this article provided a broad overview of what the decriminalization means for associations. Part II focused on nuisance claims and the potential consequences for associations responding to such claims. […]
Smoking Marijuana May Be Legal, but Co-op and Condo Boards Can Ban It (NY)
The first thing co-op and condo boards need to remember is that the Smoke-Free Air Act of 1995 banned smoking in most public places in New York City, including the common areas of multifamily dwellings, such as lobbies, laundry rooms, stairwells, hallways and elevators. So smoking weed in common areas is out. Read the article………………………..
Do Marijuana Smokers Have Special Rights in Your Co-op or Condo? (NY)
The possession and use of marijuana by persons who are at least 21 years old is now legal in New York, as is the sale of marijuana and other cannabis products by New York State licensed dispensaries. However, a number of our cooperative and condominium clients have asked whether they may ban the smoking of […]
What Homeowners Associations Need to Know About Decriminalization of Cannabis in Minnesota Part II: Use of Cannabis Defined as a Nuisance
The decriminalization of adult use and sale of cannabis will have a significant impact on Minnesotans, including those who live in homeowners associations. Part I of this article provided a broad overview of what the decriminalization means for associations. Part II focuses on nuisance claims and the potential consequences for associations responding to such claims. […]
Can Condo Associations in Illinois Prohibit the Use of Marijuana?
Starting in 2020, the use of marijuana for recreational purposes became legal in Illinois. While adults are allowed to possess and use a certain amount of marijuana or marijuana products, those who do not use these substances may be concerned about how they will be affected. Read the article………………………..
Can a Condo Owner Do That? What Community Association Boards Need to Know About Smoking and Cannabis Use in the Building (IL)
Among the most commonly asked questions of condo and community association boards often relate to smoking and cannabis use. Howard Dakoff recently spoke at a meeting of the community association property managers at Advantage Management on the rights and limitations of smoking and cannabis use in condo buildings. Read the article………………………..
Can a Condo Owner Do That? What Community Association Boards Need to Know About Smoking and Cannabis Use in the Building (IL)
Generally, condo residents can smoke in the units and common elements, unless smoking is prohibited in the Association’s Declaration By-Laws, or Rules (for common elements). Changes to the Association’s Rules require approval of the condo board, whereas amendments to the Declaration or By-Laws require unit owner approval. Read the article………………………..
B.C. man ordered to stop smoking marijuana on strata patio
According to a Nov. 29 decision posted on the tribunal’s website, Giles Danny St. Pierre said his strata discriminated against him by failing to accommodate his disability, contrary to the B.C. Human Rights Code. Specifically, he asserted the strata wrongly issued bylaw fines against him for medical cannabis use, harassed him, and permitted his neighbours […]
Condos and Cannabis—Human Rights Considerations (AB)
Purchasing a condo is a big step for many people and we are encouraged to do our due diligence to ensure it is a comfortable home for many years into the future. For example, you may have purchased a condo specifically in a building that does not allow smoking. At the time, the only legal […]
The CAT orders a tenant to stop smoking cannabis (ON)
In the case of MTCC 1177 v Brunet et al, the CAT ordered a tenant to stop smoking cannabis in his unit, because this was causing a nuisance to other residents. The CAT held that this contravened a provision in the Declaration as well as Section 117 (2) of the Condominium Act and Section 26 […]
Weeding Out Marijuana in Your HOA (MN)
There has been a lot of talk in the past few years about the possibility of Minnesota legalizing recreational marijuana. While this has not happened yet, Minnesota has taken another step in that direction by legalizing medicinal marijuana in all forms. Effective no later than March 1, 2022, Minnesotans will be able to use medicinal […]
Legalized Marijuana & Community Associations (AZ)
During the 2020 General Election, Arizona voters approved Proposition 207, which legalizes and governs the adult use, regulation and taxation of recreational marijuana. On November 30, 2020, the Arizona Secretary of State certified the voters’ approval and the Proposition became the Smart and Safe Arizona Act (the “Act”). Please also note that local (County, City […]
Condo Association Trying to Force Dispensary’s Eviction in Aspen, Colorado (CO)
An Aspen, Colorado condominium association is asking the landlord of the complex to evict a cannabis dispensary from one of its commercial units, arguing that the retailer isn’t compatible with nearby residential units, the Aspen Times reports. The association also wants cleared a unit used by a restaurant to store inventory. Read the article……………………………….
The Cloudy Future: What New Statutory Trends Concerning Marijuana Means for Associations (NC)
In a historic first, the United States House of Representatives voted on legislation this year that, if passed by the Senate, would de-schedule marijuana from the Controlled Substances Act. Read the article…………………………………
BC Court confirms that Condos can Prohibit Commercial Cannabis Operations with Bylaw Changes
Kunzler v The Owners, Strata Plan EPS 1433, 2020 BCSC 576 (“Kunzler”) is an notable recent case from British Columbia which addresses the ability of a strata corporation, a term used in BC which can include condominiums, townhouses and bare land strata corporations, to pass bylaws preventing or regulating certain types of businesses and activities […]
REAL ESTATE MATTERS: Where there’s smoke, there’s a conversation about association rules
We continue to receive questions and comments about our recent columns on smoking, as well as the rules that condominiums and other associations are putting into place about smoking cannabis. So, we thought we’d share a few of them. Our thoughts will follow. https://www.heraldtribune.com/business/20200620/real-estate-matters-where-theres-smoke-theres-conversation-about-association-rules
Recreational weed is legal, but condo associations can still restrict smoking it inside (IL)
Q. Now that recreational cannabis is legal in Illinois, my condo association is attempting to adopt a restriction to our governing documents to prohibit the smoking of cannabis in my unit. How can this be allowed if recreational cannabis is now legal? Read the Q&A…………………………………..
Smoking in Condo Associations: Cigarettes & Medical Marijuana (FL)
Over the past forty years, the United States has experienced a sweeping movement to ban smoking from just about everywhere. Many condominium owners’ associations (COA) have adopted smoking bans that prohibit owners from smoking in common areas and even inside their own living space. Medical marijuana complicates this issue even further. Read the article…………………………..
Board has a right to restrict marijuana odors (IL)
Q: Our condominium association is already dealing with issues and complaints associated with the smoking of lawful recreational marijuana in units. Due to a lot of apathy, the board isn’t confident it can muster the required owner support to amend the declaration to prohibit smoking of marijuana in units. Is there another approach the board […]
What Your Community Association Needs to Know About the Legalization of Recreational Marijuana in Illinois
Governor Pritzker has signed legislation known as the Cannabis Regulation and Tax Act and the Cannabis Control Act. As a result of such action, on January 1, 2020, Illinois joined the limited number of states that have legalized the recreational use of Marijuana. Importantly, this legislation also amends the Illinois Condominium Property Act (“ICPA”). The […]
Yes, your condo board can ban smoking weed in your unit even if your local government legalized it
Q: I recently received a letter from my condo association about a proposed amendment to our condo declaration to ban cannabis smoking in our units. The letter states: “The Condominium Act states a condominium association may amend their governing documents to prohibit the smoking of cannabis within an owner’s unit though allowing the consumption of […]
CBD Oil: Does it violate the prohibition on illegal activity in your condominium bylaws? (MI)
Michigan is one of the most progressive states when it comes to decriminalizing marijuana use for medicinal and recreational purposes. Accordingly, it should be no surprise that cannabidiol (“CBD”) oil is becoming commonplace on supermarket shelves and in other retailers in Michigan. As discussed in Recreational Marijuana: How will it impact Michigan Condominium Associations, marijuana […]
How HOAs Can Address Marijuana Legalization in Illinois
The legalization of marijuana in the State of Illinois as of January 1, 2020 is a hot topic, and it will affect many aspects of living in Chicago. Not surprisingly, it could also affect building operations, and many HOAs are discussing how to address these changes. The main thing HOAs may be concerned about is […]
More questions arise on marijuana issues (IL)
Q. Given the new Illinois law that will legalize the recreational use of marijuana, can the board of our condominium prohibit smoking in the individual units by way of a rule adopted by the board? Read the Q&A…………………..
Is the Cannabis Act Unleashing Reefer Madness on your Association? (IL)
With the Senate’s recent passage of HB 1438, the Cannabis Regulation and Tax Act (“Cannabis Act”), Illinois is poised to become one of the 11 states that permit both recreational and medical marijuana use. HB 1438 will likely be passed by the Illinois House and subsequently signed into law by Governor Pritzker (feel free to […]
Condo Sets Up Registry for Cannabis Users
It was recently reported in the media that a Mississauga condominium corporation enacted a rule that requires all residents who wish to smoke cannabis in their units to register with the corporation within 30 days of the effective date of the rule. The rule also states that only those who have registered will be allowed […]
Court Upholds Condo Smoking Ban
In what may be the first case of its kind (at least as it pertains to cannabis), the Québec Superior Court of Justice recently upheld the legality and enforceability of a condo rule preventing tobacco and cannabis smoking inside units and in any enclosed common elements. This is good news for those wishing to enforce […]
Resident wants to prohibit pot smoke in building after recreational marijuana becomes legal (IL)
Q. I live in a condominium association and just learned that the use of recreational marijuana will be legal in Illinois starting Jan. 1. Aside from public policy concerns, I cannot stand the smell of marijuana smoke and am very concerned about the smell of pot throughout my building. Can a condominium board do anything […]
One Toke Over the Line: Introducing Bylaws Regarding Cannabis Use in Your Strata Corporation (BC)
The recent legalization of cannabis in Canada has ignited a debate across British Columbia strata corporations with respect to allowing or disallowing cannabis cultivation and/or smoking from their communities. Many strata corporations are debating whether to completely smoke out cannabis production and consumption, or give residents a break. Since cannabis can be produced and consumed […]
The New “Reefer Madness”: Is Your Association Ready for the Legalization of Recreational Marijuana in Illinois?
Governor Pritzker is expected to sign legislation known as the Cannabis Regulation and Tax Act and the Cannabis Control Act. As a result of such action, on January 1, 2020, Illinois will join the limited number of states that have legalized the recreational use of Marijuana. Read the article………………………….
Recreational Marijuana in Condominium Associations (IL)
With the Senate’s recent passage of HB 1438, the Cannabis Regulation and Tax Act (“Cannabis Act”), Illinois is poised to become one of the 11 states that permit both recreational and medical marijuana use. HB 1438 will likely be passed by the Illinois House and subsequently signed into law by Governor Pritzker (feel free to […]
One Toke Over the Line: Introducing Bylaws Regarding Cannabis Use in Your Strata Corporation
The recent legalization of cannabis in Canada has ignited a debate across British Columbia strata corporations with respect to allowing or disallowing cannabis cultivation and/or smoking from their communities. Many strata corporations are debating whether to completely smoke out cannabis production and consumption, or give residents a break. Since cannabis can be produced and consumed […]
Kass: Nightmare Neighbor: Disturbing Marijuana
Question: I live in a high-rise condo I purchased a few years ago. A month after I moved in, I learned why the former owner was eager to sell and took my first (low) offer. The neighbor with whom I share a common wall smokes marijuana. Every time he lights up, he fills my unit […]
Condo boards shifting rules after legalization (ON)
Lawyers say some Ontario condominiums have been looking to change their rules to restrict cannabis. They say there are options for legally prohibiting cannabis in buildings, such as grandfathering rules to existing residents or owners if those guidelines to prohibit smoking were not in place before the Oct. 17, 2018 legalization date. Read the […]
Can Your HOA Weed Out Marijuana?
A number of states are moving toward legalizing marijuana for recreational purposes, with many more states having legalized it for medicinal purposes only. This leaves many association boards and managers wondering what, if anything, they can do to prohibit or regulate the use of marijuana in their communities. Read the article…………………….
Denver goes after landlord for tenant’s marijuana grow (CO)
Albert Monson is a firefighter for the U.S. Department of Defense. He lives in Bahrain, a tiny Arab country next to Saudia Arabia, where he puts out oil well fires. But he owns a condo in Denver and the city attorney’s office wants him to pay up for the crimes of a tenant he never […]
Legal marijuana: How will it impact Michigan condominium associations?
Michigan became the 10th state to legalize the recreational use of marijuana when voters approved Proposal 1 and enacted the Michigan Regulation and Taxation of Marihuana Act (the “Act”) on November 6, 2018. The highlights of the Act are as follows: Read the article………………
Marijuana Legalization: How It Affects Condominiums in Ontario
According to Statistics Canada’s National Cannabis Survey, about 16% of Canadians reported using marijuana in the past three months leading up to legalization. That means that more than 4.6 million Canadians are using cannabis – and that percentage climbs higher in provinces like Ontario and Nova Scotia (18% and 21% respectively). Read the article…………………..
Cannabis Rules: What Do Condo Owners Think? (ON)
I know what you are thinking: “Please, not another post on cannabis.” I hear you. I really do. Over the last while, updates regarding the legalization of cannabis have saturated the news. We have also written several posts about how condos should prepare for and react to cannabis’ legalization. What I hope this post provides, […]
Smoking Cannabis in Condos is Not a Protected Human Right (ON)
Only days before the legalization of cannabis, the Human Rights Commission of Ontario has issued a Policy Statement on Cannabis and the Human Rights Code. This Policy Statement helps us understand how the Commission is likely to deal with cannabis-related competing rights in a condominium setting. Read the article………………