QUESTION: I own a condo and sleep with my windows open. Someone just loves smoking weed, and it knocks me for a loop. What are my rights? –Marlene B.

ANSWER: HOA members have a right to the quiet enjoyment of their units and should not have to endure problems associated with secondhand marijuana smoke. It carries the drug THC, which has numerous side effects, such as decreased short-term memory, dry mouth, impaired motor skills, reddening of the eyes, and feelings of paranoia or anxiety. 

In addition, it is a carcinogen. In 2009, California added marijuana smoke to its Prop 65 carcinogen list. At least 33 individual constituents present in marijuana smoke are listed as carcinogens.

Even if an owner has a prescription for medical marijuana, smokers are heavily regulated. They cannot smoke in courtrooms or governmental buildings (Gov. Code § 7597), or within 20 feet of a main exit, entrance, or operable window of a public building (Gov. Code § 7597), or in any workplace (Labor Code § 6404.5), or on school grounds, or while operating a vehicle (H&S § 11362.79). Associations can impose similar restrictions. 

Users have alternatives to smoking--marijuana can be ingested as brownies, candies, or other edible forms. Associations should amend their Rules & Regs to address the issue. For stronger protections, they should also amend their CC&Rs. 

QUESTION: Does our HOA need its own rules regarding short-term rentals if the city already has its own regulations? –J.T.

ANSWER: An association can rely on the city's regulations if it wants to. However, it is relying on the city to enforce them. Unless your CC&Rs state that a violation of any law, ordinance, or regulation is deemed a nuisance enforceable by the association, or you have a provision restricting transient or hotel-like rentals, you do not have any way to restrict them. You either rely on the city, and hope they respond, or you amend your CC&Rs.

Civil Code § 4741(c) expressly allows an association to adopt and enforce a provision that prohibits transient or short-term rentals for 30 days or less. The statute does not require a CC&R amendment. It states "a provision in a governing document." That means you can amend your rules to restrict short-term rentals.

QUESTION: Our board uses AI-transcribed minutes, which most of the time, are not even close. Even though it has been brought to the board's attention numerous times, they just approve them at the next meeting. This is very disturbing. Do you have any recommendations? –Rita D.

ANSWER: It is well known that artificial intelligence hallucinates. In other words, it makes things up. It is okay to use AI to take notes, provided a live person who attended the meeting actually prepares the minutes. Because minutes are official documents that reflect what occurred at meetings, boards must review drafts and make sure they are accurate before approving them.

QUESTION: California requires a 5-foot defensible space around structures for combustible materials. The City of San Diego allows ADUs to be within 4 feet of the property line. Which one of these two has priority if the owner has a wood fence on the property line? –Ginny B. 

ANSWER: Good question. I don't know the answer. Sometimes laws, ordinances, and regulations conflict with each other. It is clear that the left hand does not know what the right hand is doing. If it comes to their attention, I suspect a fire inspector will either grant a variance or require the installation of a nonflammable fence. The nonflammable fence is safer.

The Legislature was unusually busy this year. With the 2026 legislative year wrapping up, attorneys Alison Greiner, Farah Normand, and Melissa Ward will discuss the new laws and their implications for California community associations as we head into 2027.

The webinar will be held at 12 noon on October 13. 

We are seeking an HOA transactional attorney. If you are interested or know someone who may be a good candidate, please contact Adrian Adams by email or by phone at (800) 464-2817.

Nonfunctional Turf. Thank you for your recent webinar on AB 1572. I am disappointed that the criteria for self-certifying turf as “functional” remain frustratingly opaque. We are a 60s-era, turf-dominant development with no access to recycled water. Our board hopes to save our lawns, which are central to our community’s character. It feels like we are being asked to commit hundreds of thousands of dollars to landscape renovation based on guesswork rather than definitive guidance. When can HOAs expect urgently needed, precise regulatory criteria? -David U.

RESPONSE: I don't expect to see any specific guidelines until after the statute takes effect. It is clear that the author of the legislation wants to eliminate the use of potable (drinking) water to irrigate landscapes.

Accordingly, associations with decorative turf will not be able to irrigate it with potable water starting January 1, 2029. Associations with more than 5,000 square feet of irrigated area will be required to certify, commencing June 30, 2031, that their property complies with the Water Code’s requirements.

I suspect many associations will be required to remove turf and replace it with drought-tolerant landscaping or artificial turf. Boards should start setting aside money for that eventuality. If they don't, they may be forced to impose special assessments.

CERT Training. I like reading your newsletters; they are very informative. About the up coming El Nino, I suggest homeowners check with their local CERT (Community Emergency Response Team) volunteers or even take the class. This 20-22 hour class will teach people how to take care of themselves, friends, family and the community during this upcoming event and others. -Ron Z

Boards can contact us--we are friendly, and our rates are competitive. Adrian J. Adams, Esq. ADAMS|STIRLING PLC