Landlords and the new MJ rules

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Re: Landlords and the new MJ rules

Postby Hurtlander » Jan 29th, 2018, 10:59 am

normaM wrote:Woman I met said they just changed their Strata rules - before owners could smoke on their balconies, now with leg. pot no smoking period. I'd be annoyed if I had bought in that building, she claimed many condo buildings doing same thing.
The whole grow it yourself isn't going to be the best decision. Nothing going to change as it will still be cheaper to buy pot from your source that Govt regulated.
What are ppl going to call the police " I smell weed?" 10 times a day?

It’ll be interesting to see what happens if a condo strata board pass a no smoking MJ bylaw anywhere on the property after someone has already purchased a condo unit, and that someone pulls their medical MJ card....it’s probably not legal to prevent anyone from taking or growing their “medicine” at home.

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Re: Landlords and the new MJ rules

Postby jimmy4321 » Jan 29th, 2018, 12:46 pm

Though there are always exceptions i would say most of the damage done by grow ops are due to the illegality of it.
People with grows in tight spaces, poor ventilation, poor wiring etc all to be stealthy to avoid detection by the law. Also because of this product being illegal, where there are grow ops it's not uncommon to hear of busts of 100's or even 1000's of plants.
Anyway, this stuff stinks, tobacco stinks. They are both costly to remediate.
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Re: Landlords and the new MJ rules

Postby GrooveTunes » Jan 29th, 2018, 1:35 pm

Keep in mind that a bylaw is not enforceable to the extent that it contravenes the BC Human Rights Code or any other enactment or law. For example, users of medicinal cannabis often have a physical or mental disability. Strata corporations must not, without a bona fide and reasonable justification, discriminate against a person regarding any accommodation, service or facility because of the physical or mental disability of that person.

A strata corporation that uses its bylaws to limit or prevent a disabled resident from growing or using medical marijuana at the condominium must show that its decision was bona fide and reasonably justified. It would therefore need evidence that:

the policy, action or decision was reasonably necessary to accomplish a legitimate purpose or goal;
the policy, action or decision was implemented in good faith, in the belief that it was necessary to accomplish that goal; and
the strata corporation would incur undue hardship accommodating the resident.

Strata corporations may face human rights complaints from both marijuana smokers and their non-smoking neighbours. As such, these instances require a careful and objective analysis of the facts, a sensitive approach and a solid understanding of the law.

In conclusion, the blunt truth is that strata councils dealing with a grow-operation in their condominium should seek legal advice before embarking on a path that could lead owners to get their noses out of joint.


Gong show on the horizon, lol.
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Re: Landlords and the new MJ rules

Postby cdlewis » Feb 5th, 2018, 8:47 pm

For myself, I intend to grow the allowed 4 plants or less and so long as they are grown outside in a garden or inside in the same manner as a houseplant I don't believe a landlord should have any say in the matter. Should a landlord decide if I can grow a tomato plant (closely related to cannabis) in my vegetable garden? Should they also decide whether I can grow a rose (another related species) in a pot in my living room window? The costs and damage associated with growing cannabis are all due to large, commercial operations and the measures taken to hide those operations. Why would I risk jail, fines, etc. to hide such a thing in a rental home when I could (after legalization) rent a proper facility that would be much better suited to my needs? Since I intend to follow the law I will have no need for huge lights (fire hazard) or irrigation systems (water damage). It would be foolish to set all that up for 4 plants and a responsible landlord will inspect the property to ensure that 4 plants is all I have. As for smoking, it's pretty clear that current tobacco smoking laws will apply and those regulations seem to work just fine so I don't see how rolling up a different plant will suddenly change everything.
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Re: Landlords and the new MJ rules

Postby LTD » Feb 5th, 2018, 9:02 pm

its not your yard to start planting weed in and if your landlord says no it means no not your decision

the rules being put in place allow a landlord to prohibit cultivating marijuana on their property and rightly so

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Re: Landlords and the new MJ rules

Postby Queen K » Feb 5th, 2018, 9:45 pm

cdlewis wrote:For myself, I intend to grow the allowed 4 plants or less and so long as they are grown outside in a garden or inside in the same manner as a houseplant I don't believe a landlord should have any say in the matter. Should a landlord decide if I can grow a tomato plant (closely related to cannabis) in my vegetable garden? Should they also decide whether I can grow a rose (another related species) in a pot in my living room window? The costs and damage associated with growing cannabis are all due to large, commercial operations and the measures taken to hide those operations. Why would I risk jail, fines, etc. to hide such a thing in a rental home when I could (after legalization) rent a proper facility that would be much better suited to my needs? Since I intend to follow the law I will have no need for huge lights (fire hazard) or irrigation systems (water damage). It would be foolish to set all that up for 4 plants and a responsible landlord will inspect the property to ensure that 4 plants is all I have. As for smoking, it's pretty clear that current tobacco smoking laws will apply and those regulations seem to work just fine so I don't see how rolling up a different plant will suddenly change everything.


OR another scenerio will play out,

Your landlord will dump ie SELL the place you call home, forcing you to find another landlord, one who will accept your plans on his or her investment property.

Good luck!
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Re: Landlords and the new MJ rules

Postby cdlewis » Feb 5th, 2018, 10:23 pm

Of course they could sell, what I'm saying is that there is no incentive for them to do so if things are done as I have described. No damage, no indoor smoking, just a plant in the garden or by the window. I currently grow many (non-cannabis) houseplants and vegetables and have never had a single complaint. If I grow cannabis in the same manner once I am legally allowed to do so where is the harm?
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Re: Landlords and the new MJ rules

Postby cdlewis » Feb 5th, 2018, 10:32 pm

To be clear I'm only referring to growing cannabis the same way you would any other plant. I fully support a landlord's right to stop someone from turning the unit into a hydroponics lab.
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Re: Landlords and the new MJ rules

Postby Queen K » Feb 5th, 2018, 10:53 pm

Do your houseplants have the same pungent odor? And did you know that certain strains can have more odor than others, making it permeate the walls, carpets and drapes? It's expensive to remove, if you do grow them, are you prepared with a rent increase to reflect that fact?
It must be nice to live in an Ivory Tower, where everyone else makes mistakes. I have no idea what an ivory tower looks like.

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Re: Landlords and the new MJ rules

Postby LTD » Feb 5th, 2018, 11:08 pm

cdlewis wrote:To be clear I'm only referring to growing cannabis the same way you would any other plant. I fully support a landlord's right to stop someone from turning the unit into a hydroponics lab.

its not about turning it into a hydroponics lab the rules that are coming clearly allow the landlord to prohibit it period don't like it move done deal :up:

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Re: Landlords and the new MJ rules

Postby PocoGirl » Feb 5th, 2018, 11:19 pm

And this thread, boys and girls, plus other reports, research, news, and self entitled people etc, says to me to take a good rental off the market and sell when my current tenants decide to move. I’m not not interested in the bs that might evolve. For me, I’m not willing to take the risk. Taking the money and running. :runforlife: :130:

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Re: Landlords and the new MJ rules

Postby cdlewis » Feb 5th, 2018, 11:33 pm

There are damage deposits for a reason and it is very easy to apply for arbitration if that doesn't cover it. Besides that, a responsible tenant would reserve more pungent strains for outdoor growing and/or make arrangements to ensure the unit is clean when they move out. Any rental agreement that I have signed specified that the unit be clean and in good condition on move out so I'm going to take steps to make sure that is the case or prepare to deal with the consequences. A bad tenant is a bad tenant and if they don't respect the property it will get damaged one way or another. I am aware that cannabis cultivation has potential to damage a rental but its not a forgone conclusion. As in most things this is about people's choices not some inherent problem with cannabis. I am also aware that the actual rules do not reflect my views and I intend to follow those rules but that doesn't mean we shouldn't discuss alternatives.

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Re: Landlords and the new MJ rules

Postby LTD » Feb 5th, 2018, 11:36 pm

feel free to do whatever you wish when you buy your own pad until then .........

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Re: Landlords and the new MJ rules

Postby Queen K » Feb 5th, 2018, 11:55 pm

cdlewis wrote:There are damage deposits for a reason and it is very easy to apply for arbitration if that doesn't cover it. Besides that, a responsible tenant would reserve more pungent strains for outdoor growing and/or make arrangements to ensure the unit is clean when they move out. Any rental agreement that I have signed specified that the unit be clean and in good condition on move out so I'm going to take steps to make sure that is the case or prepare to deal with the consequences. A bad tenant is a bad tenant and if they don't respect the property it will get damaged one way or another. I am aware that cannabis cultivation has potential to damage a rental but its not a forgone conclusion. As in most things this is about people's choices not some inherent problem with cannabis. I am also aware that the actual rules do not reflect my views and I intend to follow those rules but that doesn't mean we shouldn't discuss alternatives.


I'm with LTD on this issue.

Having said that you sound like a very sincere and sane person. The problem is that people like me, who had a rental were taken advantage of and felt just like Pocogirl, "take the money and run." Which I did myself.

I hope things work out for you, sincerely. But don't be surprised when there are tenants out there willing to sign papers that state, "I haven NO intention of growing cannabis on this rental property" and they are going to get the plum rentals.

Above and beyond what someone else gets when they opening assert their right to grow it.
It must be nice to live in an Ivory Tower, where everyone else makes mistakes. I have no idea what an ivory tower looks like.

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Re: Landlords and the new MJ rules

Postby normaM » Feb 6th, 2018, 6:59 am

Seems some of this angst is because people don't like weed, don't like the smell the drug connotation.
Personally I don't think Stratas should be able to change rules.
If it is going to be legal then smoking outdoors should be permitted
The 4 plant cap - guessing someone did some research and concluded 4 plants would not cause damage, destroy properties.
Are police /by law going to be kept busy checking out reports?
Rentals properties are profit - doubt all landlords going to take the money and run.
Frankly I'm more concerns about illegal suites than 4 plants in a house.
Just my 25 cents
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