Q: Can our condo association legaly adopt a bylaw that prevents an owner from engaging in a legal activity?
We recently were sued by one of the owners over a dispute regarding a medical marijuana issue. We are anticipating that the owner that sued is going to try to amend the by-laws to prohibit the growing and smoking of medical marijuana. My question is this: Is there anything from a legal perspective that you know of, that would prevent us from adopting such a provision in the by-laws?
A:
If the procedures for amending the by-laws are followed yes. You've voluntarily agreed to an additional 'layer' of government with its own rules and conditions.
Think about this. The homeowners association can make a rule you can't have kid's play equipment in a yard, or you can't paint your house a color other than those on an 'approved' palate. They can prohibit you from using your house for business purposes (ANY business!) and prevent you from growing food in the yard so what would stop them from making a rule like you describe? So long as the proposed rule doesn't violate a civil right (They can't prohibit people of color or a specific gender etc. -- you MAY be able to sneak in with the ADA if they imply you can't USE a prescribed drug for a medical condition!) they can limit the way someone uses their home in ways you'd never be able to do outside a condo or homeowner's association.
This is all speculation however, and your attorney would need to review the entire situation to determine what could or couldn't happen. And some of this is frankly a 'situation of first impression' since the laws you're talking about are so new.
Bottom line: You need to hire an attorney to get 'real' advice here! Don't assume anything. This can get complicated!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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