Marijuana Smoking – CSM November 2017
Marijuana smoking and complaints from Owners, Occupants and Tenants seem to be a growing problem within Condominium Corporations. These complaints have some Corporations / Board of Directors stumbling and not knowing how to deal with them.
In the past, a simple call to the local police department would solve the problem of the neighbourhood hooligans “toking up” on the weekend. Now a days, these nuisance calls are normally left and not investigated. The problem then shifts and is left up to the Condominium Manager, Building Manager or Board of Directors to deal with.
Marijuana smoking is a type of second hand smoke and is either appealing to the senses or can make one sick, nauseated or disgusted. Many complaints from residents about marijuana smoke are about the avid connoisseur of the substance or one who has guests or a random party. None the less the aroma and negative impact in a Condominium environment can be quite substantial and interfere with many residents.
It is also a negative impact when small children are exposed to the smells and are often wondering what the “skunk like smell is” when walking through Common Property. A very uncomfortable question to be asked by a juvenile to their parent or guardian and something that should not be exposed to children at a very young age.
Aside from the impact of smoking this soon to be “legal drug” is the negative impact of unwanted traffic and drug dealers around the buildings. With any user, there is a supplier. These suppliers sometimes do multiple deals in one location which can attract unwanted traffic, guests and other crimes associated with the drug trade. A simple marijuana smoker can create a world of havoc.
When dealing with the common pot smoker you must ensure that you have witnessed the usage of marijuana and have properly identified the specific Unit that is causing the issues. If another Resident or Tenant is complaining they must be very specific and document the details as they have witnessed it. Including dates, times and what the effects of this use has created are important when dealing with these types of occurrences.
Once the complaint has been properly documented the Condominium Corporation should issue a warning letter advising the Occupant of the Unit to cease action as their marijuana smoking is affecting the use and enjoyment of the Common Property and in some cases another Occupant / Tenants individual Unit. Most Corporation Bylaws do mention a Bylaw that is similar to this and can be remedied without further incidents.
If incidents and problems do continue, then a more aggressive approach such as sanctions and threat of eviction can be administered by the Board. The best thing to do is address the problem early and document the matter well in the Corporation minutes.
Hope you enjoyed this article and Happy Holidays to our Condominium families!
CS Management Inc.