Could condo association forbid cannabis smoking?
how they handle smoke. Some have relatively airtight units, and when people smoke in them, the smoke doesn’t infiltrate hallways or other units. Other buildings and their filtration systems are just terrible when it comes to smells and smoke.
We’ve had readers complain that smoke has come into their unit from the one above. In other cases, the ventilation system carries the smoke from more distant units, and in still others, the smoke comes into neighboring units through the electrical outlets.
With all that in mind, some associations have passed rules to ban smoking within the entire building, including within all the owned units. You can say that the ban does impinge and interfere with the rights of unit owners, but most rules in condominium associations do just that. Some buildings have rules on when you can make deliveries, when you can hold parties, when you can move into and out of your unit, and even whether and what type of noise is too much. When it comes to pets, the rules can vary from prohibiting pets or limiting the number to limiting the type of pets you can have.
All these rules affect the ownership rights of homeowners. The question then becomes whether these rules go far beyond what is permissible under the condominium organizational documents or what is permissible under state law.
If your state passed a law that allows condominium boards to limit or prohibit cannabis smoking within units, then your homeowners’ association can put limits in place and enforce them through fines or other means. In some circles, the question would revolve around whether the rule was reasonable or not. Some people might say it’s reasonable, given that the federal government still considers cannabis a prohibited substance while cigarettes are not.
We can understand your frustration with your condominium association, but when you elect the board members you are giving them quite a bit of authority to run the association and to make rules.
If you wonder if the proposed rules are proper, do some research or hire an attorney whose principal practice is community association law. Otherwise, if your fellow homeowners share your feelings about the issue, you and they should work to elect a majority on the association board to represent those interests.