The one thing we share in common surrounding the legalization of marijuana in Ontario is that we all have an opinion on it. With the Cannabis Act taking effect by July 1st, 2018, it’s a hot topic among condo dwellers and property managers. What does this mean for your building and how will it impact peaceful condo living?
Are you plagued by thoughts of disgruntled residents calling to complain about the smell of marijuana seeping under their doorways and into the hallways? Here are some of the most common questions and concerns you may have as a property manager or Board member, about cannabis use in your condo buildings.
Damage to Common Elements and Units
Marijuana plants require warmer temperatures to thrive. This could be a concern because increased moisture could result in mould and moisture damage on floorboards and walls.
One alternative to this could be purchasing a specialized tent to reduce the impact pot plants have on others. This tent could be placed on a resident’s balcony, so mould and pests are not an issue inside individual units.
Oh, That Smell!
The smell of cannabis is very potent, and can be much more disruptive and offensive to residents of condominiums than a cigarette can be. Odors can waft under the doorways and into the hallways, as well as through the vents.
Will residents be able to consume cannabis within the confines of their individual units, without disturbing their neighbours? An even better question is this: will those offended by the smell be able to do anything about it?
How Many Plants Can Residents Grow?
Residents are permitted to grow up to four plants only. This is not four plants per resident, but rather per dwelling. How then, can this be properly controlled so residents are not cultivating dozens of plants in their units?
Can Boards Pass Their Own Rules?
There are countless options for a condo corporation to consider. Condo Boards can pass rules promoting the safety of their residents, restricting or prohibiting marijuana. A rule may be passed by the Board without any vote from the owners, if none is requested. When a vote is requested, passing it requires the support of 50% of the owners’ present at a meeting called to vote on it.
For restrictions on the use or growing of marijuana, a Condo Board would have to amend its declaration. Such an amendment would require the support of 80 percent of the owners.
What About Medical Marijuana Use?
Marijuana consumption for medical use, versus recreational use, falls under different guidelines. If your condo corporation has banned consumption and growth of marijuana inside units, exceptions will be made for a resident with serious health problems (with a medical prescription). See here for more information.
With July 1st just around the corner, time will tell how condos will adjust to the legalization of cannabis in Ontario. Here is some specific information about Ontario’s framework for cannabis, controlling the production, distribution, sale and possession of cannabis.
By Lisa Marie Brennan