By David C. Swedelson and Sandra L. Gottlieb, Partners, SwedelsonGottlieb, Condo Attorneys and HOA Lawyers
We have been receiving a number of calls lately from board members and community association managers asking what they can or should do about complaints from residents about marijuana smoke that is wafting into their units or homes. Many of you may be wondering why this is an issue and questioning why anyone would complain. We won’t go there. We are hearing that some of these marijuana users are saying that the association cannot stop them from smoking their medical marijuana, as they have their doctor’s recommendation and it is permitted by state law. So, must California community associations accommodate medical marijuana use by residents even when it creates a nuisance for other owners/residents? We thought that the answer was pretty clear that even if a resident is legally using medical marijuana, their use cannot cause or create a nuisance which interferes with another resident’s quiet enjoyment of their unit or home. Apparently this is not so clear, as we have been told that some attorneys are telling their condo association clients that they can do nothing about marijuana use by a resident who possesses a doctor’s recommendation. Seriously?! We do not agree. And we have written an article on the issue. Follow this link for our full article on this subject.