Marijuana banned by condo rules

When the federal Canadian government was close to legalizing the smoking and growing recreational marijuana in homes, some condo corporations rushed to implement rules to ban the smoking and growing of marijuana in both the common elements and in the residential units.

It was realized that it would be best to ban marijuana before it became legal to prevent the need to grandfather any residents who claim that they were already smoking and growing weed in their units.

The reasons for banning marijuana need to be reasonable so the condo boards argue that their rule prevents:

1.	Second-hand smoke entering the common elements and neighbouriing residental units.
2.	Odours from the growing and curing of marijuana entering the common elements and other residental units.
3.	If the condo pays utilities, other owners unfairly subsidizing the electrical and water consumption.
4.	Mould can be a serious problem due to high humidity required to grow marijuana.
5.	A home grow-up may affect property values.

Realtors warn legal cannabis home cultivation could undermine property values
CBC News
John Paul Tasker
30 April 2018

With the full legalization of recreational cannabis expected in just months, the country's real estate agents are warning that provisions allowing for home cultivation of marijuana plants could undermine property values.

In an appearance before the Senate's social affairs committee now studying Bill C-45, the cannabis legalization bill, the Canadian Real Estate Association (CREA) said the Liberal government's plan to allow so-called "home grow" could lead to the spread of mould and other fungi in residences across the country — which could result in some costly surprises for home buyers.

"There's absolutely no question it impacts the value of the home," Michael Bourque, chief executive officer of CREA, told senators, adding the physical effects of a grow op can often go undetected during a home inspection.

"On the surface [four plants] sounds moderate, but the legislation doesn't limit the number of crops or the size of each plant. Four plants could yield over five kilograms a year, which has the potential to cause structural damage to dwellings and comes with associated health consequences," Bourque said, noting the use of fertilizers and pesticides in the growing process could exacerbate environmental health risks in a home or a multi-unit dwelling that shares air circulation.

Former grow-ops hard to insure or sell
There are currently no provincial remediation standards for the safe re-occupancy of former marijuana grow operations, Bourque said. Many mortgage companies are reluctant to insure homes once used for that purpose, he said, which makes selling them more difficult.

The Ontario Real Estate Association (OREA) estimates remediation costs to restore a former grow op to a livable standard can run anywhere from $50,000 to well over $100,000.

More than 400 condo boards in Ontario already have implemented tough bans on pot cultivation to avoid some of the pitfalls that come from cultivation in a shared space.

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