What Can I Do About Marijuana Smoke in a Condo?

 Posted on September 08, 2023 in Condominium & Homeowner Association Law

The legalization of marijuana in many states has raised concerns regarding the impact of marijuana smoke in shared places, particularly in condo buildings. For those experiencing such situations, you may be wondering what you can do if you feel bothered by the aroma of marijuana in your condominium building. Consider contacting an attorney experienced in condominium law, as they will likely be able to help assist you in navigating this tricky situation. 

Understanding Legal Restrictions

1. Review condo association laws – Start by reviewing the condo association’s bylaws and rules. These documents often address smoking policies and may provide guidance on dealing with marijuana smoke. Some condo associations have implemented policies that prohibit smoking, including marijuana, in common areas or within individual units. 

2. State and local laws – Familiarize yourself with state and local laws regarding marijuana use and smoking restrictions. Furthermore, look to see if your state has any handbook or reading material detailing the rights and responsibilities of condo owners in the state. Some states, like Illinois, have specific rights and responsibilities of condo owners clearly defined in government databases. Look to see if there is any information regarding marijuana use in condominiums.

3. Mediation or arbitration – If the issue of marijuana smoke in the condo persists, consider engaging in mediation or arbitration with the condo association or the neighbor responsible for the marijuana smoke. These alternative dispute resolution methods can help find a mutually agreeable solution without resorting to legal action.

Taking Action

1. Document the issue – Keep a record of incidents when you have encountered marijuana smoke. Note the dates, times, locations, and any associated health problems or disturbances caused by the smoke. This documentation can be valuable if legal action becomes necessary. 

2. Communicate with the condo association – Inform the condo association about the issue and express your concerns. They may be able to address the situation by reminding residents about smoking policies or taking action against violators. Collaboration with the association can help resolve the issue more effectively. 

3. Seeking legal advice – Consult with a lawyer with knowledge of condo law. They can provide guidance on potential legal actions, such as filing a complaint with local authorities or pursuing a civil lawsuit if the issue persists and significantly impacts your quality of life.

Contact a Cook County Condominium Law Attorney

If you are currently dealing with the issue of marijuana smoke in your condo, contact the experienced Arlington Heights condominium lawyers with Dickler, Kahn, Slowikowski & Zavell, Ltd.. Call 847-593-5595 for a private consultation.