Condo Media - March 2017 - 35

arijuana leads this
quarterly summary of
legislative developments.
Voters in Massachusetts and Maine
approved initiative petitions legalizing
the recreational use of the drug, joining Washington, D.C., and five other
states (California, Oregon, Washington, Alaska, and Colorado) that have
already done so. Since the beginning
of the year, lawmakers in a dozen
more states, including Rhode Island,
have begun considering measures that
would either permit marijuana use
outright or decriminalize its possession. Twenty-eight states have already
authorized its medical use.
The Massachusetts law allows adults
21 and older to possess up to 10 ounces
of marijuana in their primary residence (a maximum of 1 ounce outside
of it) and cultivate up to six marijuana
plants for personal use for an individual-up to 12 plants if the household includes more than one adult.
The Maine law caps possession at 2.5
ounces inside or outside of a residence
but sets the same cap on plants (six to
12 of them) grown in a home.
Both statutes call for the licensing of
retail venues to sell the drug, but lawmakers in both states have voted to delay
retail sales-until February of next year
in Maine and July of next year in Massachusetts-to allow more time to create
the necessary licensing structures.
Legalizing recreational use of marijuana raises a number of questions for condominium associations, which boards,
managers, and association attorneys are
just beginning to consider, among them:
How, if at all, to restrict marijuana use in
communities; how to address the cultivation of marijuana plants in residences;
and possible concerns related to the
opening of marijuana retail outlets in
mixed-use communities.
In other legislative news, the Massachusetts, Rhode Island, and New
Hampshire Legislative Action Committees (LACs) are all reporting new or
ongoing developments.

MASSACHUSETTS
Three measures introduced in previous sessions resurfaced last year, and
all died once again in committee. They
included:
n A measure modifying the timeline for

construction defect suits. Existing
law requires initiating the action
within three years after problems
are identified; under the proposed
change, endorsed by CAI-NE, the
clock on the three year statute of
limitations would not begin to run
until after the developer has turned
over control of the association to
owners.

n The "clothesline" legislation, allow-

ing condominium owners to hang
clotheslines in the community. This
oft-submitted bill was amended last
year to specify that condominium
associations could reasonably restrict
where the lines are placed, which
made the measure more acceptable
to CAI-NE. But the LAC wants additional language specifying that
owners in urban communities can
place the lines on their own decks and
balconies, but nowhere else. Because
the legislation does not yet contain
that language, LAC Chair Matthew
Gaines, an associate in Marcus,
Errico, Emmer & Brooks says, "We
were glad to see the bill die."

n Legislation ensuring owners' access

to condominium records. The legislation adds teeth to that requirement
by specifying that if an owner who is
denied access sues the association
and wins, the association will have to
pay the owners' legal expenses. The
LAC hasn't opposed the measure in
the past, but has sought the addition
of language giving a board "reasonable time" to respond to records
requests. The bill's sponsor "was willing to accept the amendment," Gaines
reports. "I don't know why the bill
didn't move, but it didn't."

March 2017

Condo Media - March 2017

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