Condo boards attempt cannabis clampdown before pot becomes legal

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TORONTO

Anticipating cannabis-related problems, condo boards across the GTA are devising ways to avoid potentially expensive litigation with errant tenants down the road. One downtown condo board is already banning the use of marijuana on building property, despite pot becoming legal across the country in a matter of months. This is controversial because tenants claim that this ban infringes on their freedom to do whatever they like in the privacy of their apartment.
The company Goldview Property Management, which runs OneEleven Condos in the King West neighbourhood, informed its residents of new rules governing the use of cannabis.
Among them: no smoking or growing pot inside units and common areas, including on balconies and patios, and no deliveries of pot to the building.
Ontario landlords push for right to ban cannabis smoking by renters despite tenant laws
Where cannabis users will be allowed to smoke is still up in the air
Residents with valid medical grounds are exempt from the rule only if they provide evidence from an Ontario doctor that smoking cannabis is necessary to treat a condition. Even then, the board can request additional evidence or demand that a resident reconfirm their requirement at any time.
More and more condo management companies are racing to enact similar rules before the federal government legalizes cannabis in the coming months. After that, virtually anyone who smoked or grew marijuana in their units before the ban could technically apply for an exemption, making the problem of so-called “smoke transfer” that much bigger.
The province’s tenancy laws make it illegal to change a lease before it ends, but since pot has yet to be legalized, so condo boards can pass the changes they want while pot is still an illegal substance.
Many landlords across the GTA are worried about pot usage and those who grow pot in their rental units fearing that it could end up damaging the unit or messing up the air quality.

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