Homeowners Associations and Medical Marijuana: the New Hot-Button Issue
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Editor's note: Liz White was recently quoted in the following article on HOAleader.com, concerning the challenges that community associations are facing regarding medical marijuana.
Fourteen states and the District of Columbia permit the use of medical marijuana. So far, association attorneys haven't seen pot use become a heated issue at the associations they manage--but they anticipate that it will.
In this week's tip, we give you a head's up on some of the issues you may face when your association rules butt up against your unit owners' use of medical marijuana.
"We operate in California, but I haven't personally come across the issue yet," agrees Elizabeth White, a shareholder and head of the community associations practice at the law firm of LeClairRyan in Williamsburg, Va. "However, I've been pondering this issue for a while."
Here's just one question you'll face if your owners begin to use medical marijuana:
How will you treat owners who smoke pot in their units?
"Many condo associations have outlawed smoking altogether," says White. "Many associations have encountered a lot of issues with enforcing the no-smoking ban. This issue will be somewhat analogous to that issue.
"In addition, one thing I've been pondering is that smoking marijuana is still against federal law," adds White. "Most governing documents have a general rule requiring compliance with all laws for the use of your unit. That really puts boards in the dilemma of enforcing your governing documents against somebody who may in fact be under a disability and is operating lawfully under your state law for medicinal purposes. In many cases, those will be persons with disabilities under the federal Fair Housing Act and the Americans with Disabilities Act."
In other words, you have rules, but you may be stepping into disputes by attempting to enforce them. "We're damned if we do and damned if we don't," says White. "If we enforce, it likely generate some sort of complaint under the federal or state fair housing act. In addition, many states, like Virginia, have a law that mirrors the federal Fair Housing Act."
This article originally published on HOAleader.com -- the Practical Guide to Homeowner Association Management. Republished with permission. All rights reserved.
