KP1 (Colorado)
Posts: 73
Posts: 73
Posted:
Can medical marijuana be grown on HOA common or limited elements? Thoughts.
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Medical Marijuana
Started by KP1 • 10 replies • 1979 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
does your HOA have any rules or regulations about growing plants?
If not, then it's none of the HOA's business. If so, then what does your rule say?
If not, then it's none of the HOA's business. If so, then what does your rule say?
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
It depends on the rules governing the common property. Typically owners are limited to growing things on their own property and may not plant items on the common property without approval.
I suspect that even if a permit was received to grow medical marijuana, there are security issues that must be addressed and the fact that that section of the common area would become off limits to some owners. Since all owners have a right to enjoy all of the common areas, it's unlikely that a board would want to enter into the legal issues that may be involved and permission to use the common area for planting would be denied.
I suspect that even if a permit was received to grow medical marijuana, there are security issues that must be addressed and the fact that that section of the common area would become off limits to some owners. Since all owners have a right to enjoy all of the common areas, it's unlikely that a board would want to enter into the legal issues that may be involved and permission to use the common area for planting would be denied.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
I agree with Tim.
Somethings are better treated with "benign neglect" in like not directly addressing. As in the case of pot growing, just deny the growing anything on common ground, be they flowers of veggies....LOL
Somethings are better treated with "benign neglect" in like not directly addressing. As in the case of pot growing, just deny the growing anything on common ground, be they flowers of veggies....LOL
KP1 (Colorado)
Posts: 73
Posts: 73
Posted:
SO thoughts are that if it's a limited common element assigned to specific owner it would be fine to grow MJ? Should verification of permit need to be required and if so to who? How does HOA determine if it's a legal activity or an illegal activity? Or is it better to look the other way?
KP1 (Colorado)
Posts: 73
Posts: 73
Posted:
SO thoughts are that if it's a limited common element assigned to specific owner it would be fine to grow MJ? Should verification of permit need to be required and if so to who? How does HOA determine if it's a legal activity or an illegal activity? Or is it better to look the other way?
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
KP1,
I suspect that there are State statutes and licensing requirements that need to be complied with. You would need to check those.
I also suspect that even if someone did jump through all of those hoops that if the Association wanted to prevent it from happening that they would determine the activity to be offensive, an annoyance or a nuisance as most CC&Rs have something similar to what ours has:
"No noxious or offensive activities shall be carried on upon property, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood."
Since the terms offensive, annoyance or nuisance is all subjective terms, I suspect that the Board could easily adopt resolutions to better define those terms to include almost anything they want(This is the covenant we actually used to develop our standards of lawn care).
Personally, If I saw the plants being grown, I would contact the police and let them sort it out.
I suspect that there are State statutes and licensing requirements that need to be complied with. You would need to check those.
I also suspect that even if someone did jump through all of those hoops that if the Association wanted to prevent it from happening that they would determine the activity to be offensive, an annoyance or a nuisance as most CC&Rs have something similar to what ours has:
"No noxious or offensive activities shall be carried on upon property, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood."
Since the terms offensive, annoyance or nuisance is all subjective terms, I suspect that the Board could easily adopt resolutions to better define those terms to include almost anything they want(This is the covenant we actually used to develop our standards of lawn care).
Personally, If I saw the plants being grown, I would contact the police and let them sort it out.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
KP, just curious. Why not grow it in your home?
As with others, our rules & regs prohibit residents from "donating" plants of any kind to the common areas without the permission of the P.M.
As with others, our rules & regs prohibit residents from "donating" plants of any kind to the common areas without the permission of the P.M.
KP1 (Colorado)
Posts: 73
Posts: 73
Posted:
More access to sun on patio or other area (which are limited elements).
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
KP,
Well there are grow lamps available.
Well there are grow lamps available.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
This is something best discussed with the HOA's attorney.
Studies show that 5 out of 4 people have problems with fractions
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here