Governing Documents

Up in Smoke: Association Management Issues in the Age of Marijuana Legalization

Up in Smoke: Association Management Issues in the Age of Marijuana Legalization - report cover

More than 60 percent of American states have legalized some form of marijuana since 1996, and the legislatures in many of the holdouts have recently considered doing so. Those states with legal marijuana have seen it rapidly commoditized, with new businesses such as delivery services cropping up and becoming a part of homeowners’ daily lives.

Not surprisingly, the proliferation of pot has begun to have repercussions for community association managers, both as property managers and employers. Whether you live in a state where marijuana is fully legal, partially legal, or on the cusp of some degree of legalization, you need to know what that means on the ground.

This Special Report takes an in-depth look at some of the most pressing marijuana-related issues for community association managers and their clients and provides expert guidance on how to mitigate the associated risks.

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Voter Apathy Not Necessary to Have Court Amend Voting Rules

In California, associations that can’t get a popular CC&R amendment passed because of supermajority voting requirements have another option — they can ask a court to amend the voting requirement to make it less onerous. A common question in such situations is whether an association must show voter apathy before a court can act. In…

Court Petition to Amend CC&Rs without Required Votes Needn’t Show Voter Apathy

California law lets an association turn to the courts to change the percentage of votes required to amend its CC&Rs, a helpful provision when communities have trouble reaching a super-majority. Opponents may claim that an association has to prove “voter apathy” to go this route, but a state court of appeals has made clear that…