Marijuana is becoming legal, to various extents, in a lot of places.
Some states such as New Jersey and California allow if for medical purposes. Colorado just plan allows it. Some predict that sooner or later it will pretty much just be legal, basically everywhere.
The question is whether Home Owner Associations will be able to ban marijuana in instances where the state says its legal. Will condos be able to just say no? The answer is not so cut and dry.
Clearly Associations can protect public areas and common areas. To some extent they may also be able to take measures that are for the common good, including, measures that maintain property values.
The amount that Associations regulate is very state specific, and even within states is not always very clear.
Some Associations have outlawed tobacco smoking all together, largely due to complaints that the smoke has permeated into common areas or into individual apartments. Indeed, some people have become very sick because of cigarette smoking originating from privately owned residential units. But outright smoking prohibitions can be very controversial and may invite a lawsuit.
As pot become more legal, Associations will invariably be asked how and whether they plan to respond. And you can be sure that no matter what they do, their decisions will be challenged.
In other words, this is only the beginning of a discussion that will be reoccurring throughout this country, for quite some time to come.
Lieberman & Blecher proudly represents
www.liebermanblecher.com
numerous homeowner associations in New Jersey.
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