Nuisance Odor Bylaws not being enforced by HOA president

Enjoy the contact high and call the police...

Hi,
Thank you for your recommendations.

I have spoke with the Sheriff's dept of my county, and they said there is nothing they can do. They urged me to go to the landlord, and go through my HOA and to keep complaining.

These people are not exactly approachable.

Ignore the fact that it's marijuana.
It can be the same annoyance if it were tobacco smoke.

If you haven't, start making complaints to the Association in writing and keep a log. As Matthew said, part of the issue is that the Landlord is also the President of the Association. Therefore, you will need documentation if it has to go outside of the Association to get resolved.

Jon,

The law allows for recreational use of marajuana.

Here is a link to the law:

CO Amendment 64 Use and Regulation of Marijuana.

Cynthia,

The Colorado Clean Indoor Air Act of 2006 has limitations on where you can smoke tobacco and also other types of smoke others might find offensive: pipe smoke, cigar smoke, other unique cooking odors. I'd expect an argument can be made that marijuana smoke would be regulated under this act as well.

I appreciate everyone who took the time to respond.

The meeting is next week. I'll report back to let everyone know how it goes. I was able to speak with one of the homeowner's who will definitely be there. I'm waiting on confirmation of the other 3. Hopefully I can be convincing. I don't have the resources to take the owner through the courts (who does). And as I speak with people, I think my requests are not unreasonable. I'm not asking them to stop engaging in whatever activity they are doing, just to find a way to control the odor (and thanks for the idea of establishing smoking hours or something like that).

If anyone can think of any other ideas, or documentation I would appreciate it. I've been gathering information together as I find it.

Thanks again.

Cynthia

Here is summary of how the meeting went.
I was able to take 2 other homeowner's with me to the meeting.
Present at the meeting: Board President (owner of the unit I am complaining about)
Board Treasurer (is an investor who owns maybe 10 units)
HOA Manager (from the HOA management company)

My question to the board was why the odor bylaws stated in our declarations were not being enforced in my situation. I have probably complained more than 10 times regarding odor/fumes seeping into my unit. I explained that the Board President replied to my complaints to tell me that it was not being enforced because his tenant uses marijuana for medicinal purposes.

No one could answer why the bylaws were not previously enforced. We went back and forth. The Treasurer finally relented and stated that as a Board, they would enforce and uphold the bylaws.

They asked me what I wanted. I let them know I just wanted the tenants and the landlord to find a way to contain/control the odor fumes; this is what was finally agreed to:

Door sweeps and weather stripping will be installed. Tenants must use a fan (or something similar) while on the balcony engaging in the activity to dissipate the odor/fumes away from my balcony unit. No smoking in the shared hallway. If violation occurs, a notice of violation letter will be served and the owner (Board President) fined. FINALLY!!!
They are going to interview all other occupants (I don't really care about that), and the board will inspect the building 5 times (so what). I offered to give them affidavit of facts from my guests who have witnessed just how bad the odor/fumes get in my unit(there was a silence when I offered that).

I don't know the timeframe yet, I am waiting for this to be sent to me in writing. I think what we agreed to was reasonable.

What I was not expecting, was how defensive the HOA Board President became. He accused me of picking on his tenants since they moved in. I am not allowing his tenants to use their medicine (Who am I to manage someone's life?) He's talked to them and they assured him they were only using edibles (I don't monitor if people lie?) He was awful to deal with. It was so hard to sit there and have to take it. I kept trying to redirect back to the bylaws. Both the HOA Pres and Treasurer made me feel like I was the problem. (How dare I want to breathe in air in my own unit!!) If I stopped complaining, there would be no problem (Really?). He can't evict them (that is something between landlord and tenant, not me and tenant - i don't have the contract with them).

I am so grateful to the HOA manager who interrupted several times. He even asked the Pres what steps he had taken to change his unit -- he admitted he had done nothing yet.

When he asked that I wanted to hug that man!

The good thing that came out of this is that I am going to seek out more homeowner's and find out if they are having similar experiences. I also signed up for some community events sponsored by HOA organizations here in my state. I have a meeting with Colorado DORA to file a complaint against our HOA BOARD. But also, to find out how else can I educate myself on this entire process and our HOA.

The Board conducted themselves from a position of power; instead of a position of responsibility. I was so taken aback, and angered by that. I know I had a hand in creating this situation and take ownership of that. I have lived here for 10 years and have not lifted a hand. Time to get my hands dirty.

Again -- thanks for anyone who posts on this forum. I appreciate the information and the experiences that you share.

Thanks!

Thank you so much!!

I am doing this now.

Cynthia:

Glad to hear it sounds like some progress was made.

Glad to hear the MC was there to help resolve the issue.

I am just wondering how many make up your Board? Other than the President and the other member who was in attendence?

I think the President took their stance because in your case you were complaining about THEIR tenant. The sad reality is they appear more interested in perserving their status quo than addressing your issues.

My only suggestion would be if you plan to involve yourself more is to approach this in a neutral, non-aggrssive manner towards the Board. You can work to change and improve things without making THEM public enemy.
And in the end that will make your job easier.

Sometimes in life you might come across someone who you dislike or don't have much respect for but it is not always necessary to tell them so.
Then.....sometimes you just have to tell them straight out so there is no doubt what you think. My suggestion do what you have to do but don't let emotions influence your actions. Any personal feelings keep to yourself.

Lets hope they all follow through on the agreements they made and that would be good for all involved.

Thanks for taking the time to give us all an update.

Good luck.

I don't know how they would have done it with a missing member but the president should have recused himself when dealing with your issue and the treasurer should have when dealing with your neighbor's issue.

I’m glad things worked out for you – there are a few things I’ve learned in this discussion I will bring to the board to discuss how we can handle similar situations. We’ve already had an incident involving a board member at large, whose tenants have been a problem for the past year. They and their guests would smoke dope outside, their pit bull was running around unleashed (once it trapped one resident in her car for 20 minutes until the owner retrieved him), the children were bouncing balls and who knows what else all over the yard and parking lot, scratching up another neighbor’s car very badly and generally kept the unit in disrepair (ripped window screens, storm door half hanging off the hinges).

The lady whose car got scratched up was the only one who complained to the Board and sadly, only two people (me and our new secretary, herself a landlord) were the only ones who grilled him on how he was going to resolve the problem. The board member made several promises, excuses and twice promised the tenants were leaving (first January, then May). In March, the neighbor came to the meeting, hopping mad about her car and everything else, and read the riot act to the owner in front of everyone.

At that point, I wrote a letter to the board member and copied everyone else, saying this type of behavior between neighbors is bad enough and coming from a Board member is inexcusable. We’re not perfect, but should be setting an example for other homeowners (how can we tell homeowners to comply with community rules when Board members ignore them?) I suggested holding an executive session if this didn’t get fixed once and for all (at that meeting I was going to suggest that he be censured or that he resign).

The Board member never responded to that letter, but went to his attorney, who said the Board couldn’t force him to get rid of the tenants. Then he made more promises to make the tenants get rid of the dog, but had planned renew the lease because the tenant “really wanted to stay” (but mostly because he needs the rent income).
In the end, the dog stayed, but after two visits from Animal Control, the tenant finally told our security officer that he was moving out and did so – leaving carpeting that was practically destroyed, along with the countertop and some other areas that needed to be replaced.

Last month, the neighbor came back and asked what the board member was going to do to keep the next tenant from behaving like this – he mumbled yet another excuse, so near the end of the meeting, I made a motion to hold an executive session to deal with the matter. During that meeting, the board member lost his cool, saying how the Board never got involved in disputes between neighbors and the neighbor had been picking on his tenants – basically blaming everyone but himself for the problem. I then noted that these tenants had basically trashed his place and asked why rent to people who don’t even respect you enough to take care of your unit? Never got an answer to that one - but the board member later muttered to someone else that he was glad I'd recently announced my resignation (effective in January). I guess if I'm gone, he'll be free to do whatever and no one else will call him out.

And so we are now publishing an article in our newsletter on what the Board can and cannot do about neighbor/neighbor complaints. I'm hoping this will encourage the residents to take a systematic approach to addressing these problems and it should also create a certain level of expectation towards the Board (although there are situations we don't have control over, we can and should take swift action over the ones where we do have jurisdiction)

How long is a reasonable timeframe to wait for a response from the Board in regard to the agreed upon steps that the owner was to have implemented.

The Board Meeting was on June 30th, and they have not responded to my email yet as of today -- I asked for a timeframe.
I sent another complaint on Saturday. My unit was so filled with fumes that my eyes were watering.

It is so difficult to stay the course.

Appreciate your help.

Thanks for the guideline.

I was really optimistic today; there was no odor fumes when I got home. But as I was working in my kitchen this evening, my throat starting burning, nose starting itching...all the normal signs. I have kept all my windows closed today. I opened my front door just to verify and it is seeping in from the hallway.

I sealed up my door with packing tape. I'll give them until Friday and followup again.

*Sigh*

Yeah, I have been definitely thinking about my health alot. I was talking to my family to see if they can put me up short term. It scares me because today my nose burned most of the day. I know I need to go to a doctor to document what is happening. I never thought it would get to this point.

Have people gone through this and gotten through it?

I am flipped on my mortgage (by over 50%), and I can't sell right now. I know I can't rent it out, because any reasonable person would complain about the odor/fumes, and I could not in all good consciousness put someone else through this. I could not protect them from this.

I can't even file bankruptcy..I don't have enough debt. I just have to stay the course; keep documenting, complaining, and probably get an attorney.

Cynthia,

Thank you for the update and I'm glad to see the issue is being addressed.
It likely wouldn't have been addressed if the individual members like yourself and your neighbors didn't chose to become involved and work to address the issue.

Tim

As someone who is allergic to marijuana (and tobacco) and lost almost a decade due to other allergies, I am very, very happy for you.

I am glad for the success of your efforts and if I could, I'd give you a big hug. Congratulations!

I have to say that my impression of someone smoking that heavily and for such a long period of time goes way beyond "medical" usage.

Based on what the OP said, I believe she will have issues no matter the type of smoke.