Community Insider Summer 2018 - Page 33

receiving nuisance complaints related to smoking arguably have a duty to investigate and determine whether a violation of the governing documents is occurring. Other unforeseen issues may arise. Legalizing recreational use of cannabis in California has resulted in new business opportunities. The Secretary of State’s website has a page for starting cannabis businesses “Cannabizfile.” One such venture is cannabis deliveries (yes, there is at least one website for that - www. eaze.com). Associations may experience increased traffic/parking issues if cannabis deliveries are being made. Additionally, people can now grow up to 6 plants in their residences (another website – ilovegrowingmarijuana.com). Given the “skunky” smell that cannabis plants emit, there could be increased odor complaints that associations may need to address. One question is whether associations can ban growing cannabis. Since marijuana possession is still illegal under Federal law and Civil Code section 4750 (prevents associations from prohibiting “personal agriculture”) does not apply to cannabis p lants, an association may be able to prohibit growing within the community (any HOA willing to be the test case?). Recreational use of cannabis is here to stay and understanding the potential issues will help guide associations going forward. FEATURE YOUR COMPANY ON THE COVER OF COMMUNITY INSIDER MAGAZINE SAN DIE GO COMMUNITY COMMUNITY INSIDER INSIDE SAN DIEGO The Premier Resource For Community Associations The Prem ier Resource For Comm WINTER 2016 unity re A pictu a is worth ords, d w thousan ver is The co !!!!! s priceles Heritag Heritage Landsca e pe Landscape PAGE 42 PAGE 42 Call CAI San Diego for details CI WINTER 2016.indd CI WINTER 2016.indd 1 R Associations WINTER 2016 WINTER POOL WINTER POO MAINTENANCE L PAGE 14 MAINTE NANCE PAGE 14 THE BUSINESS THE BUS JUDGMENT RULE INESS JUDGME PAGE 18 NT RULE PAGE 18 THE NEW MAINTENANCE THE NEW LAW MAINTE IS HERE NANCE 32 LAW PAGE IS HER E PAGE 32 1 (858) 836-1119 11/21/16 3:49 PM 11/21/16 3:49 PM Lenorable Moments P h o t o g r a p h y Lenore Reese 562.237.3558 Capturing special moments one click at a time! For decades we have been photographing newborn babies, families, graduates, events (big or small). Laurie S. Poole, Esq., CCAL is a partner with the firm of Adams | Stirling, PLC with offices in Carlsbad and Mission Valley. Laurie can be reached at Lpoole@ adamsstirling.com. Serving San Diego, Orange, Riverside & Los Angeles Counties CAI - San Diego photographer www.lenorablephotography.com /cai.sd /in/caisandiego WWW.CAI-SD.ORG | 33