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


Tuesday, July 28, 2020

1:00pm-2:30pm EDT, 10:00am-11:30am PDT


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.

Description

Community associations increasingly face issues with cannabis. HOA and condominium association board members and managers in jurisdictions that have legalized or decriminalized the use of marijuana, medical or otherwise, must determine how best to manage and regulate cannabis use and cultivation in relation to their governing documents.

CC&Rs and Rules can restrict and regulate secondhand smoke in common areas. Members have a right to the quiet enjoyment of their units and don't have to endure exposure to secondhand smoke. Ultimately, however, the legal issue of identifying and resolving a potential nuisance claim falls on the board and/or manager.

HOA counsel should identify and recommend amendments to governing documents to reflect changes in the law, and advise clients on enforcing these provisions to limit liability for the board, its members, and managers. Investigating a claim and enforcing a nuisance provision should be done in accordance with the procedural requirements in the governing documents, and be enforced equally in the community.

Listen as our authoritative panel discusses the issues that arise when a board must determine if and how to incorporate cannabis provisions into its CC&Rs and/or Rules and best practices to draft, regulate, and enforce said policies.

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Outline

  1. Cannabis deregulation and legalization
  2. Common area use restrictions
  3. Personal unit restrictions
    1. Nuisance claims
  4. Distinctions for medical cannabis
  5. Best practices for amending CC&Rs
  6. Best procedures for enforcement
    1. Administrative
    2. Judicial

Benefits

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?

Faculty

Howard, Phaedra
Phaedra J. Howard

Partner
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

Hunt, Jonah
Jonah Hunt

Partner
Orten Cavanagh & Holmes

Mr. Hunt represents associations in a broad range of litigation matters, including those involving construction,...  |  Read More