What Does The Passage Of Proposition 64 Mean For Homeowners Associations and Residential Landlords?11/10/2016 With the November 8, 2016 passage of Proposition 64 known as the Control, Regulate and Tax Adult Use of Marijuana Act (referred to hereafter as “Prop 64”), it is time for many homeowners associations (HOAs) and residential landlords to take a fresh look at smoking restrictions put in place to address secondhand smoke and odor concerns in Declarations of Covenants, Conditions and Restrictions (CC&Rs) and leases, respectively, to ensure compliance with Prop 64 and local regulations and to minimize the risk of nuisance claims.
Prop 64 is a multifaceted and lengthy Act, but here are a couple of key provisions for HOAs and residential landlords to pay special attention to:
Fulmer Ware LLP is a San Francisco based law firm. Our lawyers have experience litigating and advising on all types of real estate, construction and commercial matters from the negotiation and preparation of documents, risk management, pre-litigation counseling, alternative dispute resolution and all phases of litigation from insurance tenders to trials and appeals.
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AuthorPam Fulmer and Dee Ware are attorneys at Fulmer Ware LLP, an IP and Litigation boutique located in San Francisco, California. Archives
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