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Marijuana in HOAs

By Melissa B. Ward, Esq.

BEFORE RECREATIONAL AND expanded medicinal use of cannabis products became legal in California, handling issues related to cannabis was relatively easy: since its use was largely illegal, associations typically prohibited all cannabis products, except for limited exceptions for medicinal use. Now that use of cannabis products is legal for adults in California, associations are forced to consider new interpretations of existing restrictions.

This article looks at ways HOAs can approach effective enforcement of existing restrictions pertaining to smoking, nuisance and disability accommodations in the context of use of cannabis products.

SMOKE IS SMOKE IS SMOKE

Regulating smoking has always been a challenge for HOAs. Common area components including ducts and vents can allow smoke and vapor of all kinds to travel from the separate interests onto the common area or other units. In condominium projects particularly, association complicity in allowing...

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