Can Homeowners’ Associations (HOAs) in Illinois Regulate the Use of Marijuana Within the Community?

June 25, 2019, Illinois Gov. J.B. Pritzker signed the Illinois Cannabis Regulation and Tax Act into law. In doing so, Gov. Pritzker made Illinois the 11th state to legalize both the recreational and medical use of marijuana. The new law has many important implications for individuals and organizations in Illinois, including for condominium associations and homeowners’ associations (HOAs).

Notably, the Illinois Cannabis Act amends portions of the state’s Condominium Property Act to allow community associations to put certain restrictions on marijuana use. Here, our Chicago HOA law attorneys highlight three of the most important things you should know about the rules that govern how associations can choose to regulate the use of marijuana on their premises.

Three Things to Know About Recreational Marijuana and Condo Associations in Illinois

1. Illinois Law Permits HOA Restrictions on Marijuana Use

As a starting point, HOA board members and HOA managers should know that Section 33 of the Illinois Condominium Property Act (ILCPA) has been amended to allow for community prohibitions and limitations on smoking marijuana. Specifically, a community association regulated by the ILCPA has the right to ban or limit the smoking of marijuana – both in common areas and in an owner’s individual unit. In other words, when a community association collectively agrees to prohibit the smoking of marijuana on its premises, it likely has the authority to do so.

2. Much of the New Amendment Only Applies to Smoking

There are important limitations contained in the new amendment. Most importantly, Illinois condo associations and homeowners’ associations can only restrict the smoking of marijuana in an individual owner’s unit. The ILCPA does not grant community association boards the authority to prohibit consumption of cannabis via other, non-smoking methods. However, HOAs do have the authority to restrict or prohibit marijuana use/consumption in certain common areas.

3. Community Associations Must Use the Proper Protocols in Restricting Marijuana Use

Finally, the amendments to the ILCPA require community associations to use the proper protocols when putting new marijuana restrictions or marijuana prohibitions into place. Simply put, a board adopted rule is generally not enough to make a change of this nature and magnitude. Section 33 does not allow HOA boards to restrict marijuana use by simply making a rule — individual unit owners must collectively agree to pass an amendment. Though, as with many other condo law issues, the specific bylaws of your community association will control much of the process.

Get Legal Guidance from Our Illinois Condo Law Attorneys Today

At Keough & Moody, P.C., we are committed to providing comprehensive and cost-effective legal services to community associations. If you have any questions or concerns about marijuana use and HOAs laws, our legal team is here to help. For a confidential initial consultation, please contact us today. With offices in Naperville, Chicago, and Tinley Park, we serve condo associations and HOAs throughout Northern Illinois, including in Cook County, DuPage County and Will County.