Homeowners’ Associations Can Regulate Marijuana in Neighborhoods

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October 27, 2016
Denver, CO

Homeowners’ associations cannot legally ban their members from using marijuana in their homes in states where it is legal to do so, but some HOAs are attempting to do just that, claiming that marijuana use is a nuisance, reports the Gazette. If people can see or smell their neighbor using or growing marijuana, their HOA has the right to regulate it as a nuisance or child risk. Richard Thompson, who runs a management company that concentrates in homeowner associations in Portland, related these regulations to others made in Oregon. “The fact that people may be legally entitled to smoke doesn’t mean they can do it wherever they want, any more than they could walk into a restaurant and light up a cigarette.”

According to Thompson, neighbor conflicts have increased with regards to marijuana use recently. More marijuana users keep their windows open and smoke outside during spring and summer months, prompting many complaints from neighbors. A Brighton, Colorado resident recently discovered this after he planted a hemp plot. The homeowners’ association took issue with this and ordered him to get rid of it or face a fine. Though he tried to explain that hemp was not marijuana, he was still turned down. He then sold his plants to hemp activists rather than throwing them out. The activists offered to pay his homeowner fines instead, but the resident opted to live peacefully with his neighbors. He said, “I had people calling up and saying, ‘It’s just a shame; we’ll pay your fines all the way through to the end.’ But I decided in the end not to fight it. At the end of the day, I live here.”

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