PaulM30 (B)
Posts: 41
Posts: 41
Posted:
I am the HOA President of a small 15 unit building in Colorado. I am the president by default, as nobody was willing to do it, so I am fairly up to speed on our rules and regs, but I defer as much as possible to the management company. We're between managers at the moment, so myself and the other two members (neither of whom live at the building) have had to be more involved recently.
Marijuana is legal in our state. An owner recently sent an email saying that the hallway outside her unit smells strongly of marijuana, and she wants the HOA board to do something about it as 'it's supposed to be a non-smoking building'. To be clear, our common areas are strictly non-smoking, but we do not restrict people from smoking inside their own units.
I advised her that we could possibly send a general email along with some other housekeeping items to see if the situation improves, but odors fall under the 'nuisance' section of the regulations and can be kind of hard to enforce or prove if no specific rule is being broken, particularly as she doesn't even know which unit it's coming from. I also advised that rather than the board immediately getting involved, she might just speak to her neighbors about it and then we can see how the situation develops from there and then we can weigh up HOA involvement. My intuition is that what she's asking is the equivalent of asking the board to ask her neighbor to turn their TV down. I suspect we have some responsibility at some point, but I'm not sure if we're at that point yet.
Also, and this is just me speculating, but I would assume that with the medicinal aspect of marijuana, we may need to consider that penalizing someone for using it could be discriminatory? I'm not sure about that point at all, but I've been trying to think of it from all angles.
So, any advice on how to proceed here?
Marijuana is legal in our state. An owner recently sent an email saying that the hallway outside her unit smells strongly of marijuana, and she wants the HOA board to do something about it as 'it's supposed to be a non-smoking building'. To be clear, our common areas are strictly non-smoking, but we do not restrict people from smoking inside their own units.
I advised her that we could possibly send a general email along with some other housekeeping items to see if the situation improves, but odors fall under the 'nuisance' section of the regulations and can be kind of hard to enforce or prove if no specific rule is being broken, particularly as she doesn't even know which unit it's coming from. I also advised that rather than the board immediately getting involved, she might just speak to her neighbors about it and then we can see how the situation develops from there and then we can weigh up HOA involvement. My intuition is that what she's asking is the equivalent of asking the board to ask her neighbor to turn their TV down. I suspect we have some responsibility at some point, but I'm not sure if we're at that point yet.
Also, and this is just me speculating, but I would assume that with the medicinal aspect of marijuana, we may need to consider that penalizing someone for using it could be discriminatory? I'm not sure about that point at all, but I've been trying to think of it from all angles.
So, any advice on how to proceed here?