HOAs vs. Medical Marijuana Use:
While it is true that the Citizens of Nevada voted to decriminalize the use and cultivation of marijuana for medical purposes, there still may be restrictions on the cultivation and use of marijuana in neighborhoods controlled by a homeowner’s association (HOA).
HOAs may have the authority under their Governing Documents (CC&R’s, Bylaws, Articles, Rules and Regulations, Resolutions, and others) to ban residents from growing or smoking marijuana inside a residence. Additionally, even if the HOA may not regulate the inside of a residence, most HOA CC&R’s require approval for exterior improvements, including installation of plant material; even in a homeowner’s back yard. HOA’s also have enforcement power to pursue homeowners for violations of the Governing Documents, which often includes instituting a lawsuit against the homeowner at the homeowner’s cost, or at least fining them for violations.