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Legal pot raises questions in condos

April 5, 2013 at 1:26 PM   |   Comments

DENVER, April 5 (UPI) -- Condominium managers and homeowners associations might not be "interested in regulating marijuana" now that it is legal in Colorado, a legal analyst said.

The Rocky Mountain chapter of the Community Associations Institute -- the trade association for those who run community associations -- held a meeting in Denver Thursday to discuss the issues resulting from legalized marijuana. Panelists at the meeting said condominium managers and homeowners associations face fresh challenges resulting from the passage of a referendum in 2012 legalizing the smoking of marijuana and possession of as many as six plants, The Denver Post reported.

The panelists said many of the issues stemming from marijuana odors are already covered by rules regarding tobacco smoking and other odor-related regulations. Condominiums that allow smoking have provisions in place to warn and penalize residents who create offensive odors in their units, whether from smoke or even from cooking.

Michael Milburn, manager of Penn Square condominiums in Denver, said complaints about marijuana smoke have been present since before medical marijuana was legalized in 2001 and have not risen since Colorado fully legalized cannabis in November.

Legal analyst Jerry Orten said he does not think associations will take steps to ban marijuana from their condominiums.

"It's pretty well established that HOAs can be more restrictive than local laws," he said. "But I don't think many will be interested in regulating marijuana."

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