WEEDING OUT STRATA GROW OPS

City Council Hopes Strata Councils Will Re-Write Their Bylaws to Ban
Medicinal Marijuana Growing

Chilliwack city council wants to banish medicinal marijuana growers
from residential areas and is considering asking strata councils to
enact bylaws forbidding the activity.

At Monday's meeting, council directed city staff to investigate
whether or not such strata bylaws would even be legal before any
notice was sent out.

In December, city council directed staff to explore a bylaw to
restrict medicinal marijuana grow operations.

Mayor Sharon Gaetz said the city is concerned about electricity use,
water issues, disposal of fertilizers, fire danger and theft.

But notwithstanding potential human rights violations inherent in a
municipal or strata bylaws of this kind, a Vancouver real estate
lawyer who specializes in strata corporation issues told the Times
such a bylaw would likely be legal.

"Strata corporations, by three-quarter vote of owners, can prohibit
behaviours that are otherwise legal," Elaine McCormack said. "If I
want to put hardwood floors in my strata lot, that maybe legal, but
the strata, in the best interests of all owners, could forbid it."

Other examples include the bylaws that restrict dogs or rentals, which
are otherwise legal but can be limited by stratas.

However, McCormack agreed that the human rights code could come into
play.

"I think there would be human rights challenges," she said. "In both
the dog issue and your issue of medical marijuana it comes down to
Section 8 of the human rights code."

Tony Gioventu, executive director of the Condomium Home Owners
Association of B.C., said he had heard about Chilliwack city council's
idea and he pointed out the city doesn't have the authority to meddle
in what strata corporations regulate.

"The city has no jurisdiciton," he said. "You can't compel [a strata
council] to make a bylaw."

Gioventu said stratas were overlooked when medicinal marijuana
legislation was enacted.

"The problem is when medical licences were contemplated in residential
units, no one contemplated how that would affect multi-family
developments," he said.

Gioventu said stratas would also be faced with another dilemma: if
they are aware of a medicinal grow-op would they be compelled to
disclose that to someone looking to purchase a neighbouring unit?

"I don't know the answer to that question," he said.

When it comes to a municipal bylaw, anything on Chilliwack's horizon
will likely face constitutional challenges, according to a Vancouver
marijuana anti-prohibition organization.

Jacob Hunter of the Beyond Prohibition Foundation said in December
that if the City of Chilliwack enacts such a bylaw "it is exposing
itself to significant court costs."

When asked if his organization would make a formal legal challenge to
Chilliwack if a medical marijuana bylaw was enacted, Hunter said his
foundation is "exploring such litigation along with some affiliated
organizations. If we do not challenge the bylaw, one of those
organizations will."

The city will also forward a resolution to the Union of B.C.
Municipalities for submission to the federal government, asking that
the role of inspection of medical marijuana grow operations be
downloaded to the provincial government.