HOA CC&Rs and Cannabis Deregulation: Interpreting, Amending, and Enforcing Governing Documents
This program has been cancelled
A live 90-minute premium CLE webinar with interactive Q&A
This CLE webinar will address the trend toward the decriminalization of cannabis and the subsequent disputes that have arisen between neighbors in HOAs. While some residents have claimed damage due to odors emanating into the common spaces and their homes, and from allergies and other negative health effects due to secondhand smoke, others have responded that they use the drug under a physician's care to manage the symptoms of an illness or disability. Learn how to best handle these nuanced types of claims.
- Cannabis deregulation and legalization
- Common area use restrictions
- Personal unit restrictions
- Nuisance claims
- Distinctions for medical cannabis
- Best practices for amending CC&Rs
- Best procedures for enforcement
The panel will review these and other key issues:
- Does an HOA have liability for property damage if cannabis use or cultivation is allowed?
- How should an HOA board amend the CC&Rs or adopt an anti-smoking rule?
- How best can HOA governing documents dictate how to respond to a complaining owner?
- When is enforcement appropriate, and in what form?
Phaedra J. Howard
Hellmuth & Johnson
As a partner of the firm and a member of the Real Estate and Development practice group, Ms. Howard brings her creative... | Read More
As a partner of the firm and a member of the Real Estate and Development practice group, Ms. Howard brings her creative and strategic acumen to individuals and a broad range of entities, including condominium, townhouse, cooperative, and other community associations.Close
Orten Cavanagh & Holmes
Mr. Hunt represents associations in a broad range of litigation matters, including those involving construction,... | Read More
Mr. Hunt represents associations in a broad range of litigation matters, including those involving construction, covenant enforcement, foreclosure, easements, elections, leasing, and governance disputes. He also represents associations in first-party property claims, appraisals and litigation, obtaining multiple recoveries in excess of $1M.Close