I am actually a proponent of legalization in that decrimi-nalizing it should eventually reduce the burden placed on
law enforcement and, similar to other vices like tobacco
and alcohol, will require more taxation and administration. With that said, you and your property managers need
to take off your blinders and deal with this as ignorance is
Along with the right to use marijuana is the right to
grow it for your own use. This has the potential to be a huge
safety issue. Apartments are not built to be greenhouses—
electrical use and potential mold generation can be costly
to address. Remember, too, that aside from in-licensed
centers, sale and distribution is still illegal. Your property
could be subject to search and seizure.
I expect lenders will have to start amending their loan
documents to address this as well.
Your lease and policies need to be clear and prospective and existing residents need to be kept informed. Since
marijuana use is still smoking, you do not need to make an
exception if you have a non-smoking building. There is a
fine line between quiet enjoyment and generating smoke
or odors that effect neighbors. Make sure your managers
are well versed and prepared to act accordingly.
Likewise, most leases do not allow residences to be used
for business—the growing or manufacturing of drugs is no
Time will ultimately tell,
but the exploitation of unclear rules is one of the greatest potential risks regarding
marijuana use. As an industry, I trust we’ll eventually
get it right. In the meantime,
expect a whole new wave of
costly litigation to test these
ONE QUESTION, TWO IREM MEMBERS “ “ WITH THE RECENT LEGALIZATION OF RECREATIONAL MARIJUANA USAGE IN YOUR STATE, HOW WILL YOU REGULATE—OR WILL YOU REGULATE—ITS USAGE ON THE PROPERTIES YOU MANAGE? WILL YOU ALLOW IT? WHY OR WHY NOT?
I do not believe that we need to regulate recreational
marijuana since the state of Washington has one of the
toughest laws in the country when it comes to smoking.
This encompasses smoking a pipe, cigar, cigarette or marijuana. This new law has created arguments from board of
directors, homeowners, lawyers, etc., since some want to
regulate its use and others want to leave things as they are.
There are a few reasons why I feel we do not need to regulate recreational marijuana.
The law states that people cannot smoke in public locations, bars, restaurants, business, hospitals, etc. and even
if they are outside, they must be 25 feet from any door
or window. A lot of associations have either amended
their documents or rules and regulations, stating either
that there is no smoking in the community or that it can
only be done in designated locations. Aside from the non-smoking laws, I believe our current laws say it all.
The Offensive Activities policy states that “no noxious
or offensive activity shall be carried on in any unit, Limited Common Element, or Common Element, nor shall
anything be done therein which may be or become an
annoyance or nuisance to other owners or to the public;
including, but not limited to, noise and odors from any
Also, the Nuisance policy states, “Washington’s statu-
tory definition of ‘nuisance’ includes activities that annoy,
injure or endanger the comfort, repose, health or safety of
others. […] Where a defendant’s conduct causes a reason-
able fear of using property, this constitutes an injury tak-
ing the form of an interference with property.”
STAN HARRELSON, CPM
CO-FOUNDER AND PRINCIPAL
AMERICAN MANAGEMENT SERVICES, LLC
KEN ALLEN, CPM
SENIOR PROPERTY MANAGER
BELL-ANDERSON & ASSOCIATES, LLC
face-off / buzz ::
WILL YOU REGULATE USAGE OF MARIJUANA
ON THE PROPERTIES YOU MANAGE? WHY
OR WHY NOT? SCAN THIS QR CODE TO
PROVIDE YOUR ANSWER TO THIS SURVEY.
25 PERCEN T