Some of our homeowners have recently complained about the drifting smell of marijuana from nearby homes. The wafting odor of marijuana is a complex issue.  On the one hand, it is legal in Florida to use marijuana for medical reasons while recreational use continues to be illegal as of January 2023.   What can the POA do about this marijuana issue?  There is no easy answer for HOAs or POAs in the State of Florida.

The POA has confirmed that Osceola Sheriffs will not respond to complaints about marijuana odors.  Our own POA private security team has no police enforcement authority.  Consequently, we are unable to determine if the odor of marijuana emanates from a legal or illegal source.  Unfortunately, even if illegal, the POA’s only alternative is to call Osceola law enforcement – who apparently will not respond to complaints of marijuana.

Our POA governing documents, CC&Rs, and the CDD do not expressly prohibit smoking legal products on the sidewalks, streets and other POA and CDD areas at Reunion West.   Homeowners, on the other hand, may consider no-smoking policies for their own homes.  The POA cannot enforce homeowners’ or property managers’ rules.

Others have pointed out that our CC&Rs do have a nuisance provision.  In the Reunion West POA, CC&R under Article X, Section 2 states: “No … noxious odors shall be permitted in any Improvements, Homes or Lots.” Unfortunately, the definition of “noxious odors” is not defined in our CC&Rs.  And while many homeowners will agree that the uninvited smell of marijuana is “noxious,” others may disagree.

In January 2023, the POA spoke with the POA attorneys about this complex issue.  Our attorneys pointed out that a nuisance provision in a CC&R is a situation where nuisance is often in the eye of the beholder and advised us that a number of homeowners would need to agree that the drifting smell of marijuana is a nuisance.  Accordingly, if you experience the smell of marijuana at Reunion West and find it to be a noxious odor, we encourage you to contact the POA at admin@reunionwestpoa.com with the date, time and location at Reunion West of the smell of marijuana incident. Please note that you must actually experience the wafting odor of marijuana at Reunion West – not just express an opinion of whether it is a good idea or a bad idea.  As we gather greater information, the POA could take action, but be aware that taking POA action is difficult. 

 Our best course of action would be to amend our CC&Rs to prohibit outdoor smoking of any kind or to better define what is a “noxious odor.”  Defining what is and is not a noxious odor is challenging.  Even more challenging is the requirement that two-thirds of all homeowners must vote in favor of the change.  Given that we struggle to have ten percent of our homeowners attend our annual meeting, the two-thirds approval requirement is daunting. How do we change the rules of the COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs) at Reunion West POA?

Finally, our legal advisors tell us that even if we amend our CC&R’s, thoughtful action is required under applicable law when imposing a restriction against those with medical needs.

Given the challenges with this issue, the POA will follow the advice of our legal advisors, and we will continue to monitor Florida and local laws and developments that will likely occur in this area. If you have further questions, please email us at admin@reunionwestpoa.com.