As marijuana legalization increases, the board of directors must consider how to deal with its use and complaints about it in the community. In this article, we’re going to look at laws, medicinal marijuana in HOA communities, marijuana being smoked or grown, and how you can adjust your rules and communicate them with residents.

The Laws on Marijuana

At the time of writing, marijuana had been legalized in 23 states and DC. It has also been decriminalized in another 8 states. However, although some state law allows cannabis, federal law does not. However, it would be better to not test this distinction, if you’re in a state where it’s legalized, you should focus on that law. However, laws change and can be complex so talk to an attorney about how your state’s specific laws affect you.

Clean Indoor Air Acts

Some states, including Colorado and Minnesota, have adopted clean air acts. They prohibit smoking in indoor areas, except for homes. In HOAs or Condos, these can apply to common areas, such as hallways, clubhouses, locker rooms, and other enclosed, shared areas.

Medical Marijuana in HOA Communities

If a resident has permission to smoke marijuana because of a medical condition, the smoke or smell still shouldn’t be a nuisance to other residents. And if the community doesn’t allow smoking in common areas, then a medical marijuana card doesn’t change the fact that they’re breaking the rules. In their home, you need to think about when it constitutes a nuisance. Is it the idea of a neighbor smoking marijuana or the smoke that reaches a neighbor’s home? If it is the smoke, the HOA board could look into better seals or screens, to reduce the smoke traveling.

When looking at complaints about the smell or smoke, the HOA board needs to focus on reducing that, rather than infringing on the person’s right to bake or smoke marijuana. You should also keep a detailed record of all complaints as proof in case the HOA is involved in legal action or if you want to enact a policy around smoking.

Smoking Marijuana in an HOA or Condo

Smoking in residents’ homes is more of a grey area. As residents are free to do what they please within their own homes, the association should pick its battles carefully. However, if another resident complains, the association should investigate to see if there is smoke or smell that’s causing discomfort for others. If it really is causing a nuisance for other residents, then the HOA or condo could require the owners to install an air purifier and a condo building could improve seals. 

The other problem with marijuana smoke is if someone cooks with it, that smoke could also spread. However, just because it’s marijuana doesn’t mean that the board should panic. Take a deep breath and think about it as if it was smoke from a barbecue. If it was smoke from a barbecue, you wouldn’t stop people from grilling, but you would look into how you can reduce the smoke spreading. 

Growing Marijuana in HOAs

11 states have legalized growing marijuana for recreational or medical purposes. Another 13 allow it for purely medicinal use. In all states, you have to be at least 21 years old, and the number is controlled. Some places don’t restrict the cultivation of marijuana outside. So it depends on where you live as to whether a resident can cultivate cannabis on their own private property. 

If marijuana is being grown within a property, then there must be compliance with state law around the number of plants, odor ventilation, light ventilation, light pollution, and moisture mitigation. On the whole, the association can’t regulate what goes on within someone’s unit or lot, and they should be careful if they try to. However, if you’re facing an issue with residents growing marijuana, then you should seek legal counsel. They can help you to decide how to proceed.

Change Your Association’s CC&Rs

You can amend your community’s covenants, conditions, and restrictions (or CC&Rs) to restrict smoking or marijuana use if it is a problem. However, as mentioned above, you won’t be able to stop people smoking in their homes, but you can adjust ventilation requirements. It would be wise to seek legal advice when making this decision.

Normally, it’s easier to justify a change CC&Rs to restrict, or forbid, smoking in common areas and outdoors than enforcing an operational rule. However, the board, property manager, and an attorney can make that choice depending on the community’s situation. 

Before you start changing your covenants, should think about the following:

• The rules must be reasonable
• They must be consistent with federal, state, and local laws
• All regulations must be consistent with your association’s governing documents
• They must be related to your HOA’s purpose and operation
• All rules should be fair
• The changes must be clear
• They have to be enforced equally

Communicate Your Rules

If you’re having trouble in the community association with people ignoring rules, you should always remind residents of the rules around marijuana in your HOA. Using different communication tools improves that efficiency. 

You can send emails, and post online what rules residents should follow. Hopefully, most people then start to obey the rules. If they don’t, then they did receive the rules, and they can’t complain if they receive a fine. Having a newsletter can also help you to share important information and rules.

Wrapping Up: Marijuana in HOA Communities

The number of states legalizing marijuana is increasing. Having people who smoke or bake marijuana in HOA communities will only increase along with that. It is an issue that the board needs to be aware of and talk to their attorney about so that residents are able to use it without annoying their neighbors.