Leisure World of Maryland is NOT "smoke free" -

Point Blank© slk

October 2, 2016

Leisure World of Maryland is NOT a a "smoke free" senior residential community.

"Homebuyers might want to do some homework before they buy a home in a community that's governed by an HOA." Read more: http://www.bankrate.com/finance/real-estate/legal-marijuana-and-hoa-rules.aspx#ixzz4LxGdUouH

Although Montgomery County law requires there be no smoking in "common areas" - residents and potential buyers are under the false impression that Leisure World of Maryland. the senior resident community in Silver Spring, is "smoke free". It is NOT. Montgomery County law requires "no smoking" in common areas - but being behind the times, the Leisure World's 29 homeowners associations have failed to adopt "smoke free" policies. Only recently, after 2 major Leisure World fires resulting from smokers using oxygen in their homes, have a few of the Mutuals adopted smoking/oxygen rules.

"JustUs", the Leisure World of Maryland resident advocacy organization, has initiated a "smoke free" project headed by Susan Jacquith, a Leisure World/ Montgomery Mutual resident.

http://www.mdsmokefreeapartments.org/

http://www.mdsmokefreeapartments.org/condominium-owners/

Having asked the Montgomery Mutual Cooperative Board of Directors to adopt a "smoke free" rule for their 12 unit multi-unit building, without a motion or a vote, without a motion or a vote, based upon a faulty legal opinion, the members request was denied. At the September 2016 Board of Directors meeting, their President Linda Wacha, read aloud from what she identified had been sent by their lawyer "in an email":

"We do not believe that the by-laws authorize the board of directors to adopt a policy or rules for only one group of shareholders/members. Further, such a rule would effectively create two classes of members and we see nothing in the articles of consolidation or bylaws which empowers the board to do that. As a result, if the board were to adopt a rule limiting smoking in one building and not another, such a rule could be challenged as an ultra veres act, an act that lies beyond the boards legal power or authority."

Effective 2017, Maryland will legally allow medical marijuana in all forms, which when smoked will present yet another example of second hand smoke.

Here's what happens when marijuana is legal and HOA rules are hazy:

http://www.bankrate.com/finance/real-estate/legal-marijuana-and-hoa-rules.aspx#ixzz4Lx60w643

Q: Can HOAs ban Marijuana?

http://www.allpropertymanagement.com/ask-a-pro/can-hoas-ban-marijuana/

On September 28, 2016, Susan Jacquith wrote:

In 2017, Marylanders will be able to access & use marijuana for medicinal purposes (per state law passed in 2013....details of which have taken several years to work out). A 30 day prescription permits the purchase of marijuana from any state-licensed dispensary that opts to provide it.

As in other states that permit medicinal marijuana use. this law greatly impacts the senior citizens. Seniors, as a specific population, suffer more from chronic, painful conditions. Marijuana has been shown to help relieve pain and suffering (though no cure) and has become a popular treatment for such among seniors where the use of medicinal marijuana is legal.

Second hand smoke from marijuana is just as toxic and harmful as second hand smoke from tobacco products. To eliminate this threat, senior communities need to have a comprehensive plan in place to address the legal use of tobacco and cannabis products. Banning the legal smoking of medicinal marijuana without addressing the smoking of tobacco products is clearly discriminatory.

A comprehensive smoke-free ban that serves the entire community will eliminate the danger of second-hand-smoke from both tobacco and cannabis.

Under the federal ADA & Fair Housing Acts, residents who live where a comprehensive smoking ban exists, will not be able to seek an accommodation for smoking marijuana, as federal laws criminalize the use of marijuana. Note, state laws permitting the use of marijuana for medicinal and/or recreational purposes are in conflict with federal law. Medicinal marijuana may be ingested without smoking it.

Senior communities in Maryland are increasingly adopting no-smoking bans, no doubt motivated by the fact that medicinal marijuana use becomes legal in 2017. LW has not done so. It's setting itself up to become the "premier" senior, pot-smoking community.

Without a comprehensive, no smoking ban serving the entirety of LW, residents will have plenty of options to smoke marijuana (for medicinal purposes) wherever a comprehensive no-smoking ban is non-existent. No mutual has addressed this situation. Even if they were to pass a comprehensive smoking ban, residents could still smoke medicinal marijuana while sitting on a bench or strolling down the sidewalk. Not only is second hand smoke from tobacco and marijuana a health issue, it has the potential of becoming a huge property value/re-sale issue if LW opts for the reputation of being a pot-smoking, senior community.

Has any LW governing body addressed this? January 2017 is just around the corner - a comprehensive smoking ban should already be in place."