HOAleader.com - Tip of the Week - October 15, 2010
Published: Mon, 10/11/10
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If Pot's Legal in Your State, Can Your Homeowners Association
Regulate It?
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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's 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."
For more information that will help you get in front of medical
marijuana use in your HOA, see our new article:
http://www.hoaleader.com/members/493.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Your HOA Can Hire Board Members; But Should You?
In last week's tip, we discussed the legal steps your board must
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services to your association. This week, we discuss whether it's
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legal procedures.
Click here to read full article:
< http://www.hoaleader.com/public/491.cfm >
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Beware Conflicts When You Hire Board Members' Companies--Part 2
When you recruit people to serve on your HOA board, experts
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Click here to read full article:
< http://www.hoaleader.com/members/490.cfm >
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Can Your HOA Hire a Board Member?
In this week's tip, we discuss the legal steps your HOA board
must take before hiring a board member or his company to provide
services to your homeowners association.
Click here to read full article:
< http://www.hoaleader.com/public/492.cfm >
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Beware Conflicts When You Hire Board Members' Companies--Part 1
When you recruit people to serve on your HOA board, experts
recommend that you look for people--like lawyers and insurance
brokers--with expertise that can help you make good decisions.
Can you take that concept a step further and hire those board
members or their companies when your association needs help? Here
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members and their companies. In Part 2, we discuss whether those
hoops are worth the effort.
Click here to read full article:
< http://www.hoaleader.com/members/488.cfm >
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Discussion Forum Follow-Up: Shifting Common Elements to Owners
What if some of your homeowners association common elements
benefit only some residents? Can you amend your HOA's governing
documents to make the maintenance of those common elements the
responsibility of only those owners?
Click here to read full article:
< http://www.hoaleader.com/members/487.cfm >
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