Analysts say it’s clear that Amendment 64 and Colorado’s Indoor Clean Air Act prohibit smoking marijuana in public areas such as a condo’s lobby, clubhouse and pool. However, interpretations are hazier when it comes to smoking pot in a resident’s unit, such as condominium complexes, especially if fumes escape into common areas.
Not only is smoking unhealthy, e.g., tar, etc. but using vaporizers solve the smoke problem (because there’s no smoke). Ideally, common sense and courtesy will fend off regulations and litigation, said Christian Sederberg, a lawyer specializing in marijuana.
“HOAs want to avoid these kinds of things,” he said. “They can’t afford it. They don’t want all their dues going to attorneys’ fees.”