Is That Marijuana I Smell?

As many of you are aware, the voters have spoken, and effective yesterday, it is now legal to possess small amounts of marijuana in the State of Ohio.  While we expect many accompanying legislation to dictate some of the operative effects of the new Bill, the Association can be pro-active about preventing the smoking of marijuana within your community.

If your community has a nuisance prohibition in your Declaration, then the Association may have grounds to enforce against the smoking if the smoke exfiltrates into Common Elements or other Units.  Before we could formally enforce, we would ask that the Association obtained written complaints from residents concerning dates and times of occurrence.  Any corroborating complaints or videos of smoke are helpful.  We would then follow the enforcement procedures prescribed by your governing documents and by Ohio law. 


While the nuisance provision is helpful, it is certainly not foolproof in preventing smoke from escaping to neighboring units.  Especially for communities with shared walls, it is advisable that if you entirely wish to prevent the smell of marijuana emanating from the walls or under doors into other Units, that the Association amend its governing documents to limit the ability for marijuana to be smoked and limit exfiltration.  We can tailor such an amendment specifically to an Association’s needs, and include grandfathering, if necessary, and also prevent cigarette smoke.


We are offering a flat rate amendment to your Declaration, which would require a vote of the membership, for a flat rate of $700.00 plus any recording fee.  This flat rate would include a ballot or directed proxy to send to your members to vote, as well as the actual amendment itself.  If you would like us to attend a special meeting to discuss the matter with your members, we will charge an additional flat rate of $350.00 for a meeting up to two hours, as well as travel time. 

If you have any questions about this matter, please contact Attorney Lindsey Wrubel (

Attorney Lindsey A. Wrubel

Ohio State Bar Association Certified Residential Real Estate Specialist

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