My HOA Banned Marijuana use. They say I can not smoke pot even INSIDE my home

[Ringodoggie]

I did a quick search of California law and it appears that the HOA has the power to tell me that I can not smoke pot EVEN INSIDE MY OWN CONDO.

WTF, fucking Nazi motherfuckers.

I can't believe this is legal.

I can't believe I have to sell my home and move. Here is the wording...

Section 6.25. Smoking.
(A) With the exception of the Patios, no occupant, resident or guest shall smoke
cigarettes, cigars, or any other tobacco product anywhere within the boundaries of the
Development. This prohibition shall include the Common Areas, including the Common
Facilities, and the Residences. For purposes of this section, “smoke” shall include the inhaling,
exhaling, burning or carrying of any lighted cigarette, cigar or other tobacco product. Further, no
occupant, resident or guest shall smoke marijuana or any illegal substance anywhere within the
Development

 

[Brother Nature]

Key word there is illegal, that wording giives you a fair bit of wiggle room depending on when that was written up and if your state is legal. Pretty sure state law trumps a bunch of Karens making up rules. I'd smoke up all the time, outside your house, inside, when getting the mail, etc... tie them up in court over it, then just move anyways.

 

[GMT]

No that is solid legally, if you've signed the agreement. Once you break the contract, you're out. But it's civil law not criminal, therefore no charges. They would have to file for an eviction order, and they would need proof of the event. Photos or something. Take a photo of the HOA chairperson, enlarge it, cut their face out, and wear it as a mask. Then go and smoke freely . You can then shaggy it up " it wasn't me"

Sorry man, time to find somewhere new.

 

[Ca++]

They are not saying smoking is illegal. Just that you can't do it.

I think a condo, is like a flat?
People think they own flats, but in reality, they rent them. Usually for 99 years, paid upfront. It has a name half way between rent and ownership, called a lease hold.
They are not a good place to park your money, and by mid term (50 years left) most banks won't lend you money to buy them. In effect, it's 50 years from worthless, so isn't going up in value, but instead has a quantifiable rate of errosion, beyond the loan repayment rate.

These days, if over half the occupiers wish it, the courts will force the owners to sell to the people that actually live there. However, if that was mid term, the £100K flat is half the owners, and half the occupiers, based on a 99 years lease term. It's half way back to the owner. So taking it on, is a £50K bill.

If you intend to die leaving nothing to anyone, during the lease term, okay. If you want to buy something that's gaining value, you need to buy something instead. Then it's yours. No owner can come saying what you can do, or sticking their hand out for money when repairs need doing, or just for ground rent. No share to the owner if you rent it out yourself, as a commercial gain, no longer the domestic tenancy you signed. No god knows what else could be in the rent agreement. For that's what it is. Rent, paid in full, for a long period.

 

[buzzmobile]

Should Smoking Marijuana In HOA Communities Be Allowed?

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Marijuana and HOAs – What Can HOAs Do?

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That sucks, @Ringodoggie .

 

[armedoldhippy]

"shall smoke"...vaping and edibles will give them hissy fits, lol. one will be tough for them to beat in court, the other will be impossible. sounds like the "odor" is the problem. that can be hidden.

 

[Rider420]

Catch 22 cannabis is legal in California but only on private property:

What a joke only homeowners can smoke cannabis legally.

" California law prohibits smoking marijuana on any public land or in any public building. For example, you can't smoke marijuana on the beach, at a bar or restaurant, in a public park, or in any other place that's open to the public. Anyone caught smoking marijuana in public is subject to a $100 fine or a $250 fine if in an area that does not allow tobacco use.

BC Canada cannabis rules are just a little more just:

Adults 19+ can generally smoke or vape cannabis in public spaces where tobacco smoking and vaping are allowed. But remember, second-hand smoke can be harmful and irritating to people, especially children, so be mindful when smoking in public spaces.

I guess that is the major difference between Canada and the States asking thier citizens to do the right thing instead of threating them with fines.

BTW Opioids, MDMA, meth and cocaine is now decriminalized up to 2.5 grams in BC Canada, along with free drug testing has resulted in lower overdose deaths!

FYI I'm enjoying my freedom while facist fucking NARCS think its the end of the world! Just KARMA in action eh.

 

[sublingual]

It can get aggravating dealing with HOAs. I wanted to skate when they sent us notice on our weeds. The wife, who deals with these entities in her profession all the time, calmly talked me into complying (or figuring out how to comply), and all is good. The law is usually on their side (they check it before issuing their guidance. Don't admit anything about Cannabis.)
If you can figure out their logic, you're half-way there. They need to show they are doing their job-they are getting paid by someone. The purpose of the community rules is that everyone's property value stays as high as possible.

 

[Ringodoggie]

I am in SoCal and pot is legal.

I had no idea an HOA could control what you do INSIDE your home. I can understand outside because it affects other people in the community. But, INSIDE??? That's Nazi fucking Germany.

 

[sublingual]

I am in SoCal and pot is legal.

I had no idea an HOA could control what you do INSIDE your home. I can understand outside because it affects other people in the community. But, INSIDE??? That's Nazi fucking Germany.

As a practicality, their rules means little. They probably have a right to put in the bylaws what they did. Probably a quirk in the law (what you can do in your home), but again, someone thought their home value would be more if they put it in the covenant.
If you play their game (the front of respectability) you can benefit when you sell up. The reality seems to be that people value money more than freedom of expression. You don't need to be a hypocrite, just somewhat savvy.

 

[Rider420]

The reality seems to be that people value money more than freedom of expression. You don't need to be a hypocrite, just somewhat savvy.

The reality is most people like telling others what they can or can't do and only allow what they like and ban anything they don't like, all the while claiming its to make everyone richer. But the facts are very different.

Detached homes are generally more expensive than condos, but they also offer more space and privacy. Condos are typically cheaper due to lower purchase prices, utility bills, and maintenance costs. However, detached homes tend to be better investments in the long run. Jan 26, 2023

 

[Outdo]

When I was living in an apartment we would just burn incense almost constantly while we were home. If they intended to come after you for smoking, it is usually the smell and stains on the walls, curtains, carpet, etc. The incense provides legal cover for all that.

I do have "no smoking" clauses in my rental agreements (I am now the landlord, lol). They are only there for liability reasons, and I do not enforce them whatsoever. If another tenant were to complain about a neighbor smoking, I would give the smoking tenant the same advice about the incense.

 

[sublingual]

The reality is most people like telling others what they can or can't do and only allow what they like and ban anything they don't like, all the while claiming its to make everyone richer. But the facts are very different.

Detached homes are generally more expensive than condos, but they also offer more space and privacy. Condos are typically cheaper due to lower purchase prices, utility bills, and maintenance costs. However, detached homes tend to be better investments in the long run. Jan 26, 2023

Yeah, detached would make no sense, and the law wouldn't stand probably. They can put that provision in the house rules because of the close proximity to neighbors.

 

[Cactus Squatter]

In my eyes they are very specific to “Smoking”.
Vaping is not smoking.
Edibles are definitely not smoking.
The making of edibles is not “smoking” unless you suck at decarbing.

Burn some incense, get a decent vape setup and save the full blown smoking for a friends house. Just don’t knee jerk sell your place over it. I’d still look for a new place without the bullshit, but don’t rush to sell it and possibly lose out on $$$.

 

[GMT]

It may also have a baring on the insurance premiums charged on building insurance. There maybe an incentive by the insurance company to include that clause.

 

[armedoldhippy]

yeah, from what i've heard it is the insurance companies(encouraged by the Feds) that we have to thank for the ridiculous drug testing rules. the thought of a pot smoker making a living just kills them. (nudge, nudge...) bastards...

 

[Ca++]

I had a little look..
In terms of building fabric, you own the inside walls, but not the outside ones. The building, as a whole, is owned by a different entity. Just as the ground below it, and any facilities are. They will maintain what is theirs, and you will pay for that, on a non-profit basis.

It's who this entity is, that gets interesting. Often the building and grounds are owned collectively by all occupiers. Between them, they are the HOA. That means you, as an owner, could be part of the HOA, or employ a HOA. This is common here to, where a group of owners form the association, but don't tell newcomers that it works that way. They will vote on what they want, and pay themselves for their own time spent on projects. Employ their friends to do work, and get a kickback you don't see.

As a builder, you may have no interest in retaining property. Or you may see it as a maintenance contract you can never loose. Though with no profit, and no lease term, many would rather not. Making it quite probable that they create an association. Who together can pay for serious repairs, and own decent insurance. While individual units being responsible is never great. As they won't do the work, which can effect everyone's values. Things like communal lifts or entrance doors, need to stay shared ownership, or nobody will fix them. While things like windows might below to individual owners, it might be reasonable to expect them all to match.


It's worth looking around, to see what other people that live there are doing. Smoking might not ever be allowed, as most people don't like the smell, and don't want to insure the building to cover it. However if everyone is stood in the rain smoking, they might change their rules. Or rather, you might change your rules.

 

[Rider420]

yeah, from what i've heard it is the insurance companies(encouraged by the Feds) that we have to thank for the ridiculous drug testing rules. the thought of a pot smoker making a living just kills them. (nudge, nudge...) bastards...

Not in Canada my house insurance includes growing cannabis and it will reimburse me if the equipment is stolen or destroyed, but won't pay for the weed I grew.
BTW the drug testing in Canada is very different then in the States you can send in a sample of your drugs to make sure its uncontaminated, where as in the states drug testing is done on people just to see if you have done drugs. America land of the free? lol
FYI meth cocaine opioids and MDMA have been decriminalized in BC Canada for up to 2.5 grams.

Interior Health Drug Checking

drugchecking.ca

Interior Health Drug Checking

drugchecking.ca

 

[Loc Dog]

I did a quick search of California law and it appears that the HOA has the power to tell me that I can not smoke pot EVEN INSIDE MY OWN CONDO.

WTF, fucking Nazi motherfuckers.

I can't believe this is legal.

I can't believe I have to sell my home and move. Here is the wording...

Section 6.25. Smoking.
(A) With the exception of the Patios, no occupant, resident or guest shall smoke
cigarettes, cigars, or any other tobacco product anywhere within the boundaries of the
Development. This prohibition shall include the Common Areas, including the Common
Facilities, and the Residences. For purposes of this section, “smoke” shall include the inhaling,
exhaling, burning or carrying of any lighted cigarette, cigar or other tobacco product. Further, no
occupant, resident or guest shall smoke marijuana or any illegal substance anywhere within the
Development

Vape it.

 

[mexweed]

there's a no growing no smoking clause in my lease, but the exhaust from the wall unit ACs as I'm walking by my neighbors says otherwise, people smoke cigarettes in their units, some of them exhaust pure cat piss, just find some projects type apartments that aren't actually in a bad area no one gives a fuck, at least around Denver it's like that