As the entire country is counting down the days to the legalization of cannabis, many condos are adopting rules prohibiting cannabis smoking and growing in units. In many cases, condos also take this opportunity to address tobacco smoking. Invariably, we are asked whether condos are required to grandfather existing smokers when adopting such rules. This […]
Woman takes on HOA with marijuana signs (AZ)
66-year-old Helene Feinerman is in a legal battle with the exclusive River Ranch Homeowners Association on Tucson’s far east side. An aging hippie, who displays “hipi” on her license plate, and a former protester, she believes the HOA is harassing her. “Singling me out and treating me differently than the other homeowners,” she said. The […]
New and Updated Policies for Condominium Corporations- Cannabis and Privacy Policies
Condominium corporations should be reviewing their existing policies and ensure that any those policies deal with the legalization of cannabis and the upcoming changes to PIPEDA. We are recommending that condominium corporations put into place a separate “Drug and Alcohol Policy” to specifically cover not only the use of cannabis, but other drugs and alcohol […]
The Straight Poop on Dope
Consuming cannabis, or marijuana, will soon be a legal right. New laws that will affect the use and growing of cannabis in condominium communities is expected to be in effect October 2018. Get ready. The reality is that more people will be consuming and growing cannabis in condo buildings. Condo boards must decide how they […]
Where there’s smoke there’s…a cannabis allergy
While condominiums are rushing to get updated smoking rules in place before the upcoming cannabis legalization, a recent article published by the CBC suggests another potential issue to worry about in the rule enactment and subsequent enforcement stages. Read the article………………
Question of the Day: Should you be able to smoke pot in your Calgary condo? (AB)
Some condo corporations in cities across the country are scrambling to enact rules that would ban pot smoking inside units, on balconies and in common areas used by residents. Read the article………………
Marijuana Rules for Condominiums
With the news of Cannabis Legislation being introduced shortly, condominium corporations are racing to put rules into place. Many condominium managers and board members are asking, why the rush? There are important reasons for putting new rules in place now. Those rules should not only cover the smoking of marijuana but also should deal with […]
What do Condo Owners Think of Marijuana Legalization?
The legalization of cannabis, and its expected impact on communities across the country, continue to be a hot topic. Seems like everyone has an opinion on it: The Ontario Real Estate Association wants better protection against grow op Ontario Landlords want to ban cannabis smoking Banning home-grown pot would be paternalistic and unenforceable: former Minister […]
Pot and Condos: Communicating out of a stink
Pot certainly has a distinctive odour, but it’s not the smell that is causing a stink but it’s legalization. Pot (or cannabis) will soon be legal in Canada, and where it is already legal as in many US states, it has caused some friction among residents. Whether you agree with the legalization of cannabis is […]
Marijuana Cultivation in Residential Condominiums- Ontario Real Estate Association
With the upcoming legalization of marijuana in Canada, many condominium corporations are taking steps to implement rules to control the smoking of marijuana in condominium buildings and prohibiting the cultivation of marijuana within condominium units. The Ontario Real Estate Association (“OREA”) has expressed concerns about the cultivation of marijuana in residential properties (condominium buildings included). […]
Marijuana and Short Term Rentals in Condos (ON)
Two of the hottest topics these days in condos are the challenges of dealing with short term rentals and marijuana. Starting this summer, directors, managers and condo owners will see lots of changes in legislation and municipal regulations that will impact condominium corporations. Listen to the audio……………….
The Legalization of Marijuana – What this Means for Ontario Condominiums
Prior to the legalization of recreational marijuana in Canada later this year, condominium corporations should be reviewing their declaration and rules to ensure that they contain provisions that will allow the corporation to regulate the use and cultivation of marijuana on the condominium property. The new federal legislation, which is expected to come into force […]
Marijuana in Condos
As you likely know, in April of 2017, the federal government introduced legislation to legalize and regulate marijuana in Canada. In September of 2017, Ontario introduced its own legislation to address the regulation of marijuana. In Ontario, the exclusive right to the sale of marijuana has been granted (at least for now) to the LCBO. […]
Should Ontario Allow Marijuana Smoking in Multi-Residential Condos?
Confused about all the ongoing changes to the Condo Act? Let’s add a wildcard to the equation: the legalization of marijuana and its potential ramifications in the condo world. As you all know, the federal is proposing to legalize the possession, production and use of cannabis. We appear to still be aiming for July 1st […]
What Do Your HOA Rules Say About Legalized Marijuana? (CA)
Do you have to put up with the smoke and smell from marijuana? The simple answer is NO. Possession and use of marijuana is now legal in California stemming from the passage of Proposition 64. That brings the total number of states where recreational use is legal to seven. That does NOT mean that your […]
Killer Weed in the Common Area? (CA)
Community Associations increasingly face issues with medical marijuana. It is a confusing area because federal and state laws conflict and social mores are in constant flux—especially when it comes to marijuana. Long gone are the days when the high school health teacher could show “Reefer Madness” and his students would accept that marijuana use leads […]
The State of Smoking: LegalMarijuana vs. Smoking Policies
While the exhortation to “smoke ‘em if you got ‘em” has never really gone out of style, one should take caution before lighting up just anywhere. Many places, from restaurants to airplanes to hospitals, expressly and strictly forbid anyone from smoking anything at all. And while those nonsmoking spaces are fairly cut-and-dry, the rules are […]
One Toke Over the Line – Smoking, Medical Marijuana and Fair Housing Laws
Medical marijuana can now be legally prescribed in Florida, and the legislature continues to struggle with regulation of dispensaries in the State. Meanwhile, prescriptions can be filled in other States, for edible medical marijuana as well as the processed plant materials. At this point, low-THC products (with less of the chemical that causes the “high”) […]
Is your Condo Ready for the Legalization of Marijuana?
Last week, the government of Canada introduced legislation to legalize and regulate the possession, production and use of marijuana in Canada. What does that mean for your condo corporation? It may be time to update your rules. Read the article………….
Marijuana Statute (MA) Raises Questions about Condo Insurance Coverage and Employment Rules
Proponents of the new state law permitting recreational use of marijuana, and the voters who approved it, viewed the measure as a long overdue move to put marijuana in the same category as alcoholic beverages ? no more or less harmful and no more or less subject to abuse than beer and wine. Voting ‘yes’ […]
The Impact of Legalization of Medical Marijuana on Your Florida Community Association
This past November, Amendment 2 legalizing the use of medical marijuana was approved by Florida voters. The rules governing medical marijuana have not yet been passed by the State Legislature and the Department of Health; however, it is likely to assume that situations regarding the use of this substance within our community associations will soon […]
What Impact Will Medical Marijuana Amendment to Florida’s Constitution Have on Community Associations?
Many states have placed the legalization of medical marijuana on their ballots in recent years and Florida is no different. A measure legalizing medical marijuana failed in Florida in 2014, gaining only fifty-eight (58%) percent of the vote. However, this past November, Florida voters overwhelmingly approved Amendment 2 which legalized medical marijuana. Seventy-one (71%) percent […]
Marijuana Condominium
The legalization of marijuana in some jurisdictions has led to the creation of many business opportunities in the marijuana industry. In an effort to capitalize on this growth, Grow Condos, a “publicly-listed real estate company dedicated exclusively to the Cannabis industry”, is looking to develop an industrial condominium with units designed for the growth and […]
Recreational Marijuana Hits MA: Why Evey Condo Needs to Amend Their Documents to Prohibit Smoking, Growing & Selling
On December 15, 2016 the recreational use of marijuana became legal in the Commonwealth of Massachusetts, after voters on election day approved Ballot Question 4 The Regulation and Taxation of Marijuana Act. Personally, I do not think that everyone knew what they were voting for. The new recreational marijuana law did not simply legalize or […]
The Florida Medical Marijuana Law and Your Community Association – What You Need to Prepare For
On November 8, 2016, Florida voters passed Amendment 2, which will become effective January 2017. The Amendment allows the medical use of marijuana for persons with debilitating medical conditions, including HIV, Alzheimer’s disease, cancer, seizures, multiple sclerosis, and other conditions, as determined by a licensed Florida physician. A physician’s certification may only be provided after […]
Is a co-owner entitled to a reasonable accommodation to use medical marijuana under the Federal Fair Housing Act?
On November 8, 2016, Florida, North Dakota and Arkansas joined 25 other states and the District of Columbia in approving the use of medical marijuana. Now that medical marijuana is legal in more than half of the states in the United States, medical marijuana use is becoming an issue that condominium associations are forced to […]
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. Read the article………….
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 condo association rules because marijuana remains illegal under federal law. Read the article…………..
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 buses, and while operating a vehicle or boat. Read the article……………
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 problems (Massachusetts Department of Health and Human Services ). In communities with common walls, hoarding […]
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 should specifically ban marijuana usage too. There are several things to consider. Here are a […]
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 objectionable to most, except those using marijuana. Read the article……………
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 should take to prepare your residents for it. Read the article………..
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…………
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 last) since Massachusetts approved a law permitting the use of this otherwise illegal drug for […]
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 possession of marijuana after police brought the dog into a common hallway he shared with […]
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 high-rise in Denver: marijuana. Manager Michael Milburn’s strategy is always the same. He knocks on […]
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 co-owners are becoming concerned with marijuana use within their condominium project and considering whether reasonable […]
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. Read more………
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 to spread across the nation, so too will the number of dispensaries and individuals permitted […]
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. The reason? The HOA board says that Denny failed to get approval for “landscaping modifications” […]
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 marijuana as well. Read more…….
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 is legal in the state. Various homeowners spoke out against the ban to the press […]
Legalized, Decriminalized or Prescribed, Marijuana Issues Will Confront Boards
Marijuana is becoming legal, to various extents, in a lot of places. Some states such as New Jersey and California allow if for medical purposes. Colorado just plain allows it. Some predict that sooner or later it will pretty much just be legal, basically everywhere. Read More……