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HOA's in states where Recreational pot is legal "sort of"

Started by LetA • 8 replies • 1648 views

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LetA (Nevada)
Posts: 2,679
Posted:
For those in Washington State or Colorado, has recreational pot been a nuisance in your HOA?
In anticipation of the November election here in Nevada, I wonder if this is something HOA'a here should discuss?
Because HOA's here are technically private property, how will recreational pot come into play?
Especially in common areas like the pool and parks.. This could potentially be a nuisance if someone
decides to toke in their backyard and another person wants clean air or the pot smoke wafts into the windows
of another home.

How are your HOA's handling this issue?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Stocking up on Taco Bell and cheetos... Not much your HOA can do but follow the laws set out. Common property doesn't mean it doesn't have to follow local, state, and federal laws. It just means if there is a violation of the law, the HOA will have to be the representing party for prosecution.

Until then... Invest in some outdoor fans in your neighbors general direction and non-contact highs... Oh and maybe open up a donut shop....
Former HOA President
JerryD5 (Colorado)
Posts: 218
Posted:
I live in CO and am president of the HOA. We have not had any issues so far. Our state guidelines say that pot can not be grown outside and is limited to 6 plants for personal use. We had one board member that grew some (he gave away some for Christmas because he had too much). I was worried when the law came into effect a few years ago but have been fortunate.

With that said, we did have a grow house a few years ago (before it was legal) and he was busted. He lost his house to a bank foreclosure.
TimB4 (Tennessee)
Posts: 21,059
Posted:
LetA,

Do an internet search on legal Marijuana and HOAs you will get a few interesting results.

Also check out Community Associations Network, a sponsor of this site and the source of the news headline links, and click on the specific State page. I'm sure that there will be news articles on the issues.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MelissaP1 on 10/09/2016 7:46 AM
Stocking up on Taco Bell and cheetos... Not much your HOA can do but follow the laws set out.

Actually, there is a lot the Association can do.
Second hand smoke and the smell can be considered a nuisance and is the stand many Associations have taken when dealing with the issue.

See:

Marijuana in Condominiums: Nuisance and Legal Consequences 2015 article by an attorney

Pot May Be Legal, But HOAs Can Ban 2014 CBS news article

Marijuana Consumers Should Avoid Homeowners Associations from a pro marijuana website

MEDICAL MARIJUANA from davis-stirling website

These are just a few. For more, do the internet search I suggested earlier.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, we've issued violation notices for noxious odors, which is part of our CC&R's Nuisance Clause,
LindaK5 (California)
Posts: 242
Posted:
I'm in California and we saw this one coming years ago and added policies addressing it. No plants in Common Area (decks, patios). If there is a small eminating from decks, patios, or even from within the unit it's considered a "nuisance" and is required to be either stopped or corrected via an appropriate ventilation system. We have a HUGE marijuana issue in our county - we're 2nd to the Emerald Triangle in grows. Figured we might as well head this problem off at the pass.
AugustinD
Posts: 5,144
Posted:
Medical marijuana is legal where I live. Recreational marijuana is not (at this writing, at least).

I read some of the links posted above. What's the latest on the subject? In particular:

-- Have HOAs had more success decreeing that marijuana smoke, wafting into one's windows, is a nuisance, vis-a-vis cigarette smoke? Or are the standards the same?

-- Longer term: I have known a few users well. They claim to use it only infrequently ("or just one hit a day") yet have all the signs of being addicts. When they are high, they are high-stupid. They /need/ pot. Can addicts switch to the non-smoking version of marijuana (tablets, brownies yada) without effect on their finances, and with the same high?

-- Chances of stopping one's neighbors from smoking in a condo vs. stand-alone homes?

I know the answers will not be black and white. Opinions welcome.
KerryL1 (California)
Posts: 14,550
Posted:
As in my above, we don't permit noxious odors of any kind and don't permit smoking in our common areas. In our upcoming CC&R rewrite, we''' hope to ban smoking in our condo units too and at least on our balconies.

In a nutshell, we'd treat marijuana odors the same as any other. Courtesy letter after 1st corroborated offense, call to hearing and possible $50 fine after repeat offense. For medical reasons, there are other ways to ingest marijuana.

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