You are here: Home / Policy & Legal / Yes, your condo board can ban smoking weed in your unit even if your local... Yes, your condo board can ban smoking weed in your unit even if your local government legalized it

Q: I recently received a letter from my condo association about a proposed amendment to our condo declaration to ban cannabis smoking in our units. The letter states: “The Condominium Act states a condominium association may amend their governing documents to prohibit the smoking of cannabis within an owner’s unit though allowing the consumption of cannabis by other means. The Board of Directors has approved an amendment banning the smoking of cannabis in units. You are hereby notified that a meeting of the Unit Owners will take place for the purpose of considering the approval of the ban.”

This concerns me. Is this ban legal if using marijuana does not interfere with other residents? Is the condominium association within its rights to tell us what we can or cannot do in our own property? Does this impinge on the rights of unit owners?

This seems to be a ban that is prejudicial toward cigarette smokers. Personally, I abhor getting into our elevator with someone who has just finished a cigarette, smelling cigarette smoke in the hallway, or having smoke enter my unit from above the ceiling, but I have to put up with it.

How can the board allow the banning cannabis if cigarette, cigar and pipe smoking are allowed?

A: What you’re saying is, smoke is smoke, right? Well, some people definitely see it that way and others do not.

We’ve seen more homeowners’ associations taking action to ban or limit smoking of all kinds. Some associations have banned all types of smoking. [Read More @ The Washington Post]

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