OREA marijuana action plan

Current federal legislation will allow inhabitants to grow up to four plants inside their homes starting from July this year. There are concerns that buyers and sellers of residential real estate maybe harmed because of this law. Harvesting cannabis indoors even on a small scale leads to high humidity and temperatures inside. This creates the formation of mould and fungus. Apart from the obvious health risks, grow-operations present structural changes in a house.

Canadian Real Estate Association raised these challenges, echoing which OREA developed five-point marihuana action plan. Ones of the outputs of the plan are – mandatory training for home inspectors and reduction in plants for multi-unit homes. The last one is dealing with condominiums first of all. According to some legal experts, “Prohibition is best answer to cannabis in condos”. It would minimize conflicts between multi residents who live in a confined space so close to each other. Lawyers advise condo boards come prepared to the changes that will be in effect this July, and maybe to amend by-law regulations. We know some property managers who have been working already to put into action new regulations to prevent future conflicts between residents.

It is expected that cannabis home growth will increase significantly after the legislation. Home inspectors have to be knowledgeable to spot the signs of a current and former marihuana grow-op. OREA also asks the government to clearly explain the public and realtors what are disclosure requirements for homes where cannabis grow-op took place.

The new cannabis legislation can bring new challenges to landlords who are owners of freehold homes. Additional expenses to get the smell of marihuana smoke out of walls and floors can go to $5,000-$6,000. Who will be paying for this? Probabilities are high that marihuana users will refuse to compensate these landlords’ expenses.

Under Charter of Rights and Freedoms smoking cannot be banned. Tenants with medical marihuana use maybe encouraged to consume cannabis as edible or oils instead of smoking inside. Reality is not as black and white. It’s clear that this new legislation will bring some changes to different laws.