Las Vegas Review-Journal (Sunday)

Dential to build new neighborho­od

- Adam H. Clarkson, Esq., is the owner/principal of The Clarkson Law Group, P.C., which has offices in Las Vegas, Reno and San Francisco. His practice is dedicated to homeowners associatio­ns. Clarkson is the president of the Community Associatio­ns Institute

income, $1.5 million in taxes and other revenue for local government­s and 30 local jobs.

Summit Homes of Nevada is owned and operated by the White family, second-generation homebuilde­rs who have built more than 5,000 homes in Nevada.

The team at Summit Homes has deep roots in the region and is committed to delivering top-notch customer service. Visit www.summithome­snv.com.

Presidio Residentia­l Capital is a real estate investment company focused on the residentia­l housing sector. Headquarte­red in San Diego, the firm provides capital in the form of joint ventures for the entitlemen­t, developmen­t and build-out of forsale residentia­l projects throughout the Western United States.

Presidio has infused more than $1 billion into the economy to capitalize the housing industry. The firm’s goal is to invest in excess of $150 million in capital for homebuildi­ng projects in the Western United States in the next 12 months. It has investment­s in Arizona, California, Nevada, Colorado and Washington with current committed capital of $800 million focused on more than 100 projects. For more informatio­n, visit presidiore­sidential.com, Facebook, Twitter and LinkedIn. unintentio­nally intrude on the rights of others through activities like smoking. Just because Nevada officials changed the law to allow recreation­al marijuana use, it did not mean neighbors lost their right to a smoke-free environmen­t.

Residents living in condominiu­ms and high-rises are among those most likely to find themselves in a cloud of unwanted smoke. In many cases, though, existing regulation­s are enough to stop the practice if it becomes an ongoing nuisance.

In short, it is not open season with respect to marijuana smoke in community associatio­ns. A lot of people think that just because it’s legal to smoke marijuana in Nevada, they can smoke it wherever they want to, whenever they want to.

But homeowners associatio­ns, particular­ly those whose governing documents were written in the 1990s or later, routinely lay out smoking and nonsmoking areas and spell out controls. Those restrictio­ns were originally written to apply to tobacco, but they can be used just as effectivel­y against nuisance marijuana smoke.

Even in older communitie­s where associatio­n governing documents were drafted several decades ago, rules addressing unlawful behavior or nuisances could come into play.

A lot of associatio­n governing documents prohibit anything that’s unlawful. In Nevada, it is still unlawful to expose others to marijuana smoke publicly, so you’re going to have that general restrictio­n that’s going to prohibit them from doing that. Most governing documents have nuisance restrictio­ns, and in a lot of situations, marijuana smoke may constitute a nuisance. It may depend upon how much smoke is getting through, who’s being affected by it and how they’re being affected.

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Adam H. Clarkson

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