Use of illegal drugs in exclusive use area (patio)

Started by JenniferM9 • 6 replies • 1897 views

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JenniferM9 (California)
Posts: 42

Posted:

Does anyone else have problems with residents smoking pot in their backyards? Our Board won't adopt a no smoking outside rule in the fear it will effect future sales of the units, even though our location is in a highly desirable area and units don't stay on the market for long.

We have one resident whose guests frequently smoke pot on the patio because he doesn't want them smoking inside. I'm guessing our only recourse is to call the police, but I'm curious if other associations have this problem and how it is handled.

TishS (Washington)
Posts: 11

Posted:

I take it you have spoken to him about the pot smoking? If it is blowing in your direction I would suggest that he might want to intall a fan.
I think California has legalized medical pot so I dont know what the guidelines are for using it, but the police may not even be able to help you.
Try and work with the neighbor, I would rather have a pot smoker next door than a drunk, a fighting couple, or a barking dog. Just secure your junk food and blow the smoke back their direction

DennisT (Ohio)
Posts: 109

Posted:

You've hit on two possible solutions - call the police or make a rule. What about talking to this resident? Do people dislike the fact that they are smoking weed or is the smoke entering other units? You'd have a much stronger case if there were complaints that the smoke was impacting others as opposed to people simply not liking the behavior. Sometimes the desired result can be achieved simply by being neighborly without resorting to the authorities.

Even without an explicit smoking prohibition virtually every association has a rule against creating nuisance or obnoxious conditions that impact other units. I can see no reason why the board could not act on this specific situation without creating a blanket no smoking rule. See if they'll tackle it from that angle.

As an aside, I think the board's reasoning is weak. I hate when a board refuses to act on something under the guise of it potentially hurting resale values when the action before them is already hurting the resale value of the affected units. I'd guess that 90%+ of buyers don't read the rules and regulations before they buy and I'd be willing to bet 75% still don't read them after the sale either. We can debate whether or not a smoking ban is a good thing but given how few people smoke these days and the number of people who don't research the rules and regs before buying I can't honestly see such a rule turning buyers away in droves. On the other hand if I was this guy's neighbor I'd be ticked if buyers were turned off at having to walk through a pot cloud when I'm holding an open house.

I'm not a gambling man but I'd bet $5.00 that all of these friends are "patients" suffering from debilitating diseases like an ingrown toenail and thus can't be arrested ;) Ah California ...

JenniferM9 (California)
Posts: 42

Posted:

Thanks for your replies, Tish and Dennis. I can assure you the people involved are not smoking under prescribed medicinal use! :-) Funny, the owner doesn't want his guests smoking inside his unit, but doesn't seem to understand other residents may not want the smoke wafting into their units. Personally, I don't have the need for second hand smoke munchies!

We are a small complex and the owner in question never comes to Board meetings and has already been fined more than once for not adhering to our noise regulations.

I don't think it's necessarily the fact they are smoking weed, it could be any smoke, however, the people that are smoking are loud and obnoxious and must be smoking bad stuff because they hack and cough like their lungs are going to fall out. The sounds coming along with the smoke can effect a person's right to "quiet enjoyment" of their unit.

I also thought the resale comment was a cop out as once a Board Member mentioned it, the discussion stopped and it never got to a vote.

GlenL (Ohio)
Posts: 5,491

Posted:

I would just call the cops. This is from an California Attorney on medical marijuana and HOA's: http://www.davis-stirling.com/MainIndex/MedicalMarijuana/tabid/2943/Default.aspx

Studies show that 5 out of 4 people have problems with fractions

DennisT (Ohio)
Posts: 109

Posted:

The problem with just calling the police is that depending on where one lives they may not do anything even if it's illegal. In certain areas with more liberal leanings they might just tell them to knock it off for the night. Then it happens again, and again, and again. Of course it's good to establish that kind of history if you plan to sue him later for interfering with your right of quiet enjoyment, but it's a long, slow, expensive road.

By being a small complex you might have more leverage to encourage the board to (poop) or get off the pot. Talk to the others around this guy. Four people complaining in a 200 unit community are rabble-rousers. Four people in a 16 unit community make half a quorum.

I think sometimes boards lose track of what tools they have at their disposal and assume everything must be dealt with via a prohibitory edict. Treating this as the nuisance condition that it is as opposed to stirring up a debate about a smoking ban might generate more constructive action on the board's part.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

I can assure you the people involved are not smoking under prescribed medicinal use

You sure? Pretty much anyone can get a medicinal marijuana card. Its really easy. Doctors give them to anyone who asks. You just have to know how to ask.

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