Smoking Marijuana in Mississauga Condos Set to Pose Problems
Smoking Marijuana in Mississauga Condos could fast become a big issue for landlords, tenants and other condo owners or residents. Smoking marijuana is set to become legal in July 2018. Condo corporations need to have plans ready before hand on how to deal with marijuana use, before things go out of control.
Can landlords restrict cannabis use in Mississauga condos?
Landlords might legally be able to prohibit smoking both tobacco and marijuana in new leases, but they mighty not be able to prohibit existing tenants from tobacco and marijuana use. Smoking marijuana in Mississauga condos is an upcoming issue that condo corporations must address quickly so that they have board approved plans and rules in place before smoking marijuana becomes legal. There cannot be any loopholes.
In fact, condo owner residents, landlords and tenants can expect to see an increase in disputes related to both indoor and outdoor smoking. Effective July 2018, anyone 19 and over will be able to smoke marijuana in their residential units. They can also grow up to four plants per residence with a maximum height not more than one metre. So if all of this is to become legal, can landlords or condo boards actually be able to prohibit cultivation and smoking of marijuana?
What rules can condo corporations enact to address this issue?
Condominium corporations can enforce smoking ban by amending their declaration, but they would require 80% of the unit owners to vote in favour of it. Condo boards can try to regulate marijuana use by implementing rules that address the rights of both smokers and non-smokers. However, new rules might exempt existing owners or occupants. In this case (and otherwise too), efforts would have to be made to ensure that the second-hand smoke is contained. Importantly, as per human rights legislation, some accommodation would have to be made available for disabled individuals who smoke marijuana in their units for medical reasons.
How are smoking related cases handled?
Many rulings thus far in cases at courts, landlord and tenant boards, and human rights tribunals have been sympathetic to non-smokers who are unwillingly exposed to second-hand smoke. However, the cases have dealt exclusively with tobacco use. Court cases, rental housing tribunal decisions and human rights cases across Canada, have followed the legal principle that a person may not use his own property so as to injure his neighbour and everyone, by common law, has a right to pure air, and to have no noxious smells or smoke sent on his land.
Beginning next year, we can expect more litigation due to the effects of marijuana smoke.
We hope that there is some legal clarity soon on the rules surrounding smoking marijuana in Mississauga condos, and elsewhere. Team Amit Kalia will keep our landlords apprised of information as soon as it becomes available through Condominium Authority of Ontario and other resources.
Content courtesy: Bob Aaron, Property Law