Becker & Poliakoff

Medical Marijuana and ESA Trends – Checking in Again with FHA Expert JoAnn Nesta Burnett

Medical Marijuana and ESA Trends – Checking in Again with FHA Expert JoAnn Nesta Burnett

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Are you confused about whether your board can stop residents from smoking marijuana in your community even if they claim it is for medical purposes? Join Donna DiMaggio Berger and guest JoAnn Nesta Burnett, Shareholder at Becker, as they unravel the intricacies of marijuana use within community associations. Donna and JoAnn dig deep into the U.S. Department of Housing and Urban Development’s (HUD) current position on complaints related to medical marijuana and look closely at the proof required for smoking accommodations. They also explore the potential dilemmas posed by marijuana use, particularly in multifamily buildings, and discuss strategies that associations can implement to shield themselves from legal repercussions.

Shifting gears, Donna and JoAnn delve into the emotionally charged topic of fraudulent ESA and service animal requests. Their discussion reveals some bizarre requests for accommodations, such as chickens and bees! They share valuable insights on how these requests can impact homeowners’ associations and equip you with practical advice to navigate this minefield. Tune in to learn how to respond to ESA and service animal requests.

Conversation highlights include:

  • HUD’s position on medical marijuana use in multifamily properties
  • Handling an employee’s medical marijuana breaks
  • Using an “unlawful use clause” to restrict marijuana smoking
  • Using a “nuisance clause” to address marijuana smoke odor
  • HUD’s criteria for evaluating reasonable accommodation requests for emotional support/service animals
  • How to address criticism of rule enforcement

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

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