Condominium Property Act & Regulations interpretations, condo plan matters, caveats, easements or any other topic where legal counsel should be contacted for assistance.

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    • #2184
      CCI Admin
      Keymaster

      An owner recently asked the Board how we were going to address this in our corporation. The owner referred to a Global News piece that noted after the legislation comes into play on October 18, 2018, we would NOT be able to change our bylaws to limit/prohibit cannabis use. Does anyone have an actual reference to this? I would like to imagine we would not be restricted from going completely smoke free after the cannabis legislation. Thoughts?

      Originally posted by Kathleen G

    • #2185
      CCI Admin
      Keymaster

      (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

    • #2186
      CCI Admin
      Keymaster

      Hi Kathleen,
      A number of the condominium corporations that we manage have been concerned about this particular issue. We contacted McLeod Law of Calgary and they performed a review of the current bylaws and drafted a bylaw that would address the pending legalization of cannabis and a Special Resolution for under $500.00. That’s money well spent. There may be other law firms that could do the same.
      Mark R on August 01 2018 at 02:32 PM

    • #2187
      CCI Admin
      Keymaster

      With 15% of owners, you can call a Special General Meeting. At that meeting you can propose a plebiscite for a non-smoking building, which would require 75% of unit values of owners to pass a new bylaw.
      Grandfathering would not give a solution to smoke of any kind entering any unit from another.

      June W on August 01 2018 at 10:29 PM

    • #2188
      CCI Admin
      Keymaster

      We manage a few condos that are currently processing special resolutions to prohibit the growing of cannabis as well as smoking. You cannot limit or prohibit the use of a legal substance but there are options to address the noxious odor and health risks associated with smoking and growing.

      Jen M on August 01 2018 at 11:48 PM

    • #2189
      CCI Admin
      Keymaster

      What do the Lawyers who belong to CCI think? Be a good question to have their thoughts on.

      Rod P on August 02 2018 at 10:13 AM

    • #2190
      CCI Admin
      Keymaster

      Could anyone please give me an estimate for the total costs (lawyers, land titles charges, etc) for amending a by- law from smoking to non smoking? Thank you.

      Rick F on August 16 2018 at 03:28 PM

    • #2191
      CCI Admin
      Keymaster

      Could anyone please give me an estimate for the total costs (lawyers, land titles charges, etc) for amending a by- law from smoking to non smoking? Thank you.

      Rick F on August 19 2018 at 10:18 PM

    • #2192
      CCI Admin
      Keymaster

      Our Condo Corporation is updating its bylaws and is now in the owner feedback stage. Cannabis has come up and we are looking for wording to accommodate use of cannabis by owner/tenants, however not the smoking of it, as all smoking is prohibited. Vaporizers? Medicinal Use? Growing your own plants on your deck, like tomatoes? but not inside? comments, feedback, sample bylaw wording welcomed!

      Harry A on September 26 2018 at 08:47 AM

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