Can I toke up at my condo?
By William Breathes
09 April 2015
Can I freely smoke marijuana in my condo? I own the condo, and the
condo association has no rules about smoking. Also, can I smoke freely
on my balcony?
If you’re the homeowner and you say it’s okay, you can smoke two joints
before you smoke two joints, then smoke two more. Colorado law says
you’re the king of that castle, and if the king wants to puff tuff, the
king can puff tuff. Your balcony is also fair game for toking, thanks
to a Denver City Council decision last year. Your garage and even your
front porch are pro-pot zones (we’ve taken a shine to puffing a doobie
while working on the car, ourselves).
But keep in mind that your HOA can still set rules banning your ability
to puff in your yard, on your porch or in any other space that could
fall into the definition of “common area” for the complex. The
association can even tell you when and how you can puff indoors.
According to some HOA legal experts, if your smoking pot in your own
place bothers a neighbor, the HOA may require you to seal your front
door or even install vent systems. So you might not want to waft ganja
smoke over the neighbor’s kids while they play outside lest you feel
the wrath of an Angry Parent and the HOA board. Some HOAs have also
banned cultivation due to smell and potential mold issues in shared
walls — so if you’re planning on growing, make sure you’re within the
rules, or you could be facing some major fines.
Our advice? Cash in on the rising home values and move out as soon as
possible. HOAs are hives for busybodies with nothing better to do than
gripe about how other people live — and they’ve never been a good place
for the cannabis-friendly.