Can A Condo Association Bar Medical Cannabis Patients?
In general, a condo association has quite a bit of leeway in what it can accept and what it can ban or refuse. It is not uncommon these days for a condo association to ban smoking cigarettes in the common elements (or on the balcony or patio of units, which are usually considered limited common elements). However, the question of whether it is possible to ban medical cannabis in the association is more complex. If an association wished to do so, they would have to be ready for exceptions to be made.
Banning Smoking May Be Possible
It is common in this day and age for condo residents to be amenable to banning the smoking of cigarettes and cigars, given the dangers it poses to the human body – dangers which are even more acute than the elderly. The condo association can often unilaterally ban it in common and limited common elements because the association is usually responsible for their upkeep. Banning it in the units, however, is generally a more drawn-out process, if possible in the association at all.
If the association members are intent on banning smoking on the premises, the easiest way to do so is to try and amend the Declaration of Condominium instead of proposing a rule or by-law. While amendments are not always easy to make, requiring a vote of the owners, they are not generally easy to challenge based on reasonableness, either, which can deter some from trying to overturn the ban. Overturning a rule requires less work.
Banning Cannabis Is Tougher
While the average unit owner may enjoy smoking cigars or cigarettes, those who legally use cannabis in Florida are doing so for medical reasons. The recent reclassification of cannabis from a Schedule I to a Schedule III substance means that the U.S. government has accepted that cannabis has some medical use, and outright banning a substance used in medical care is usually not feasible. To ban medical cannabis entirely from an association runs the risk of banning disabled people who use it, which would be a flagrant violation of the Fair Housing Act.
If an association persists in trying to make their premises cannabis-free, it must accept inherently that exceptions will have to be made in order to comply with antidiscrimination provisions in both Florida and federal law. If a medical cannabis patient wishes to buy a unit in an association where medical cannabis is banned, the association must be willing to make reasonable accommodations for those who have the right to request them.
Call A Tampa Condo Association Attorney
Both cigarettes and cannabis can be hazardous to the smoker and those around them – but cannabis has a medical use, and tobacco does not. If your association has been debating this type of question, a Tampa condo association attorney from the Seward Law Office may be able to assist. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.110.html
