Marijuana in Condos

Only a few months away, mid 2018 and marijuana is legal but how does that effect condominiums and community living.   Can marijuana be banned from smoking in a Condominium Corporation if Federal Legislation allows people to consumer marijuana recreationally. Condo Boards are within their rights to bank smoking in units if they create a rule for Unit Owners to vote against it.  They can quote concerns on the security and safety of the Owners and/or residents in the building and they can also take this initiative towards the Corporation / Building itself.  For many years since new regulation regarding smoking came into place, there was always health concerns on 2nd hand cigarette smoke along and its negative impact on Real Estate values.  Regulation hit the housing sector and also commercial entities and workplace.  Grandfather rulings when creating a smoke-free policy can create a platform for present owners and/or tenants however if this policy is in place when new Owners or Tenants take possession and/or occupancy they would have to abide by the policy. 

Please bare in mind there are two concerns: 

1) Smoking within the unit 
2) Smoking in common elements around the building.  

* Common elements includes lobby, hallways, stairwell, underground, any of the amenities etc. 

It would be recommended for all Landlords to ensure that they include special clauses in their Lease Agreements to cover a smoke-free environment.  In todays real estate world it is common practice pertaining to cigarettes, it now has to be adjusted to include marijuana or maybe just include a clause to cover any form of smoking substance.  The present Tenant Laws have seen significant changes in the last few months with the introduction of a standardized Lease Agreement in effect as of May 1, 2018.  No doubt the Country is going to see significant changes and possibly legal challenges.   It is important for all to understand that medical marijuana use will be permitted anywhere that cigarette smoking is allowed. 

Ontario asked for your public opinion until March 2018 and the Condo Owners Association (COA) is following up now to hear your thoughts as the whole marijuana issues unfolds.    There will be up to 150 stores run by the Liquor Control Board of Ontario for people 19 years and older.  Private lounges are already underway and set-backs are on radar for school zone areas. 
 

Let's hear from Condo Owners