(Not a lawyer, but own several condos)
Considering that tobacco is legal, and condo corporations still may ban smoking under new, initial incorporation, or amendment to existing bylaws, I don’t see a mechanism for cannabis to be a prohibited topic for bylaw amendment.
As accumulating the votes for the Special Resolution to Amend Bylaws is difficult, I understand that many corporations end up grandfathering in existing owners and/or tenants. This also could be something that the owner is perhaps alluding to, that since it was legal, if your Board wished to pursue Bylaw amendments, then the owner would be seeking to be grandfathered in.
Personally, I’d be against any grandfathering. From what I’ve seen so far, the amendments are prohibiting smoking and cultivation; there isn’t a restriction on consuming Edibles, so the bylaw amendments don’t seem to be prohibiting the consumption of cannabis, just the smoking (e.g. can effect neighbours) and/or the cultivation (e.g. again, mold and other side-effects effecting neighbours/common property).
Jason P on August 01 2018 at 02:30 PM