Condominiums & Cannabis
Yes, it is legal, but…
Did you know that even if Cannabis is now legal in Canada, there are some restrictions that might be imposed by either your Corporation’s Bylaws or by your Board of Directors?
The issue with marijuana in condominiums is not the effects of the drug per se, but the smoke and smell associated with it. If it causes a nuisance to other owners / residents, it is likely not allowed.
Marijuana growth poses similar problems as plants can create a significant odour when they are budding. Another concern with the possibility of growing marijuana plants within a unit is the increased demand on the water which might be paid by the Corporation.
The most applicable Bylaw provision against growing marijuana is the prohibition commonly found in Bylaws against an occupant doing anything which would void the insurance of the Corporation or increase premiums.
It is not allowed to smoke or vape Cannabis on Common or Managed property, which includes hallways, sidewalks, driveways, balconies, patios, parking areas (both indoors or out), lobbies, elevators, etc… Owners and tenants should know that it is a common language in condominium insurance policies that coverage is void if you have a grow-up operation, even if up to four (4) plants might be legal.
In addition, please remember that most Corporation’s Bylaws ban the transfer of odors from one unit to another or to Common / Managed Property. This applies to marijuana in the same way it does tobacco. Most Bylaws state that residents cannot cause a nuisance to others.
In other words, smoke of any kind is most often an unwelcome guest in Condos! With smoking stamped out in hallways, lobbies and the like, we're down to residents with smoke drifting from their suites into adjacent hallways, to balconies nearby, and into the suites of their non-smoking neighbours. For some allergic to smoke, sensitive to it, or with asthma, this is a serious issue, for others, it's simply a stink that we'd rather not put up with! we open our patio doors and windows for the freshest air possible, not to smell what the resident adjacent to us is smoking. In certain buildings, you can't seem to plug every plumbing gap that allows through a current of smoke-laden air, and the gap under the door to the common hallway is there to provide fresh air from the "make-up air" vent of the building's ventilation system.
Be a Good Neighbour and ensure that others don’t partake in your smoking!
Should you have any questions or concerns relative to your specific Condominium, please do not hesitate to contact us.
Nathalie Skyrie, CPM®, ARM®
Senior Condominium Manager