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Welp, there's goes that plan to grow pot on your balcony at the Intercontinental

The Herald reports a majority of the condo owners at the Intercontinental on the waterfront have voted to ban marijuana smoking - and cultivation. The Herald quotes one condo-association trustee that the gross odor was one factor. And another:

We're a high-rise building. I don't think we’re a farming community.

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We're a high-rise building. I don't think we’re a farming community.

Someone who obviously has never seen the pilot episode of Green Acres.

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So much for putting the high in high-rise.

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Since pot went legal I keep smelling the disgusting smell everywhere. Edible and vapor based delivery methods cannot come fast enough.

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How does a condo association have control over what's grown in a condo? The only relevant text in the ballot question I see is 5-2-d:

Property. This chapter shall not be construed to:
(1) prevent a person from prohibiting or otherwise regulating the
consumption, display, production, processing, manufacture or sale of
marijuana and marijuana accessories on or in property the person owns,
occupies or manages, except that a lease agreement shall not prohibit a
tenant from consuming marijuana by means other than smoking on or in
property in which the tenant resides unless failing to do so would cause the
landlord to violate a federal law or regulation;

Maybe the condo association has control over wafting smoke, but the inside of a unit is not their property.

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Condo associations and their single family twins, homeowners associations, can regulate all sorts of activity that might otherwise be legal so long as they do not discriminate against protected classes of people.

They have prescribed the color of curtains, banned the display of American flags and "Semper Fi" stickers, prohibited AirBnB, and all sorts of other activities, including gardening of any kind on balconies.

And they can fine and ultimately foreclose on owners who violate their regulations and don't pay the fines.

This is not an issue where you want to fall on your sword. You will lose.

And it may be no better for users who rent.. If I read your excerpt from 5.2.d correctly (it is not clearly written) landlords can ban even the consumption of marijuana "if failing to do so would cause the landlord to violate a federal law or regulation."

Since federal laws, to say nothing of regulations, are resoundingly anti-cannabis, any landlord appears to be able to ban consumption on the premises, presuming of course, that restrictions are included in the lease. the basis for all this is that no one forces you to sign a lease or buy a condo. If you sign the contract, you accept the restrictions. And yet people still sign leases and buy condos without reading the boring legalese.

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Seriously.

As one who lives in a condo, I am very familiar with some of the rules people want.

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there's no reason they couldn't be - vertical urban farming is a good solution for overcrowded cities battling climate change and a lack of green and agricultural spaces.

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So a ban on pets too?

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The smell is gross. Pot smokers smell like skunks dipped in crap and left in the sun too long.

I don't care that you smoke. But I am dealing with this issue at my own condo. I am being woken up by the smell of my neighbors pot at 7AM because the smell is coming into my unit from his. So he is smoking in bed since his unit is the mirror image of mine.

Smoke your brains out. I don't care.

But do it outside so you are not infringing on somebody else's life.

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I'll remember that when my neighbor decides to burn 29043809234 Yankee Candles in her home.

I can't stand most of the fragrances that come from candles, soaps, sprays, etc.

I'll tell her to burn her candles outside.

PS - Sounds like you have more of an ventilation system issue with your condo if the smell can go from room to room like that. Shared heating ducts? Cracks in ceiling?

PPS - Welcome to condo life. Don't want to share walls/ceilings with people? buy a single family home. Dealing with what you describe is exactly why condo life sucks.

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The smell is gross. Pot Tobacco smokers smell like skunks dipped in crap and left in the sun too long.

FIFY.

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They both stink.

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Would a ban on smoking pot in the privacy of your unit be legal?

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Yes -- a condo association can vote to pass a smoke-free amendment to their condo docs, banning all kinds of smoking.

Also landlords can do it for multi-family properties -- here's a link to the BPHC:

http://bphc.org/whatwedo/tobacco-free-living/smoke-free-homes/landlords-...

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Mr. "not a farming community" should start fasting.

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...really? Anyone ever see the beautiful gardens on top of some of those NYC hi rises? Sure the Bean is still better overall. But come on guys. Stop with the douchey I'm too good for that crap. Almost all world class cities have some pretty nice gardens of whatever on the roof of the hi rises. Lets not be the provincial city we've put a lot of work into to.overcome. #progressNotRegression

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