Condo boards urged to address pot issue
The rules for growing and smoking cannabis should be a priority for condo boards, said an Edmonton lawyer.
Roberto Noce, a partner at Miller Thompson LLP and a former city councillor, is urging condo boards to consider amending their bylaws to address cannabis to avoid future challenges before it’s federally legalized this summer.
“Boards should, at minimum, take time to explore the issue,” he said. “They may not choose to do anything, but they may want to explore options.”
At the moment it’s not known how odours travel between units, so Noce said condo boards should think about how they will impose controls for possible problems arising from the smell.
Simple solutions to possible odour include prohibiting the use and cultivation of cannabis on condo properties, which would keep buildings at today’s status quo.
Condo buildings that have commercial units should consider whether they’ll restrict cannabis stores from opening as well, Noce added.
PROACTIVE BOARDS REVISING RULES BEFORE SUMMER
Some condo boards are already thinking about how they ’ll handle cannabis.
Shauna Warwick of Phillips Lofts, a 105-year-old downtown condominium on 104 Street, said her condo board banned the smoking of any substance in 2015. Last Monday, her board approved a motion to bring forward another rule change to prevent the growing of cannabis, which will likely be decided on in the next couple weeks.
The residents in Warwick’s building are generally in favour of the restrictions, she said, although three units were still grandfathered permission to smoke.
The restrictions also improve the building ’s fire safety and makes it more attractive to potential unit owners.
Noce said condo boards that wait to regulate cannabis after legalization risk having to grandfather permissions to units.
They also might have trouble getting the required support — three-quarters of owners in favour — to change their rules after cannabis is legalized.
Smoke odour can be an expensive issue to fix, Noce said.