Last month Oregon voters passed Measure 91, legalizing marijuana, and following in the footsteps of Washington and Colorado. Many community associations are asking "what can we do about it?" One possible solution is an amendment to your governing documents that specifically addresses any nuisances that may result from marijuana smoke or growth operations. In other cases, adopting a rule or regulation may be feasible.

However, one issue (which remains undecided by the courts) is what authority does a homeowners association have to regulate the use of marijuana by owners with disabilities? Under the Fair Housing Act, homeowner associations must grant reasonable accommodations or requests to owners or residents with a qualifying disability. Community Association Law Group can help you navigate these Fair Housing issues.

Associations wanting to take a proactive approach should consider an amendment to the governing documents. Community Association Law Group will prepare an amendment to your governing documents which addresses the use and growth of marijuana for a flat fee of $800.00.

Here are some news articles from different states discussing the issues:

Oregonian: Marijuana may be legal in some states, but homeowner agreements can still ban it

NerdWallet: Is Marijuana Covered By Homeowners Insurance?

MainStreet: Marijuana Legalization Meets Challenges With Homeowner's Associations