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Understanding Body Corporate Rules and Regulations

As a homeowner in a residential estate, it’s essential to understand the rules and regulations set by the body corporate. These rules are in place to maintain a harmonious living environment for all residents. However, it’s also important to remember that these rules should be reasonable and not unduly restrictive.

A Conflict Arises

In your case, you’ve recently moved into a new house and are enjoying your new surroundings. However, a visit from the estate workers has raised concerns about your use of medical cannabis. The workers informed you that the neighbors have been complaining about the smell, which has led them to take action. You’ve explained your situation and provided medical documentation, but the workers remain adamant that drugs are not tolerated in the estate.

Do Body Corporates Have the Right to Restrict Medical Cannabis Use?

This is a complex issue, and the answer may vary depending on the specific body corporate bylaws and local laws. In general, body corporates have the authority to set rules and regulations for the estate, including restrictions on noise, nuisance, and other issues. However, medical cannabis use is a legal right in many jurisdictions, and body corporates may not be able to prohibit it entirely.

Can the Estate Ask You to Stop Smoking Medical Cannabis?

In some cases, the body corporate may be able to ask you to modify your behavior to minimize any disturbance to your neighbors. However, if you are a medical cannabis user, it’s essential to explore your legal options before complying with any demands.

How AI Legalese Decoder Can Help

AI Legalese Decoder is a cutting-edge tool that can help you decipher the complexities of body corporate bylaws and legal agreements. By analyzing the specific bylaws and laws applicable to your situation, AI Legalese Decoder can provide valuable insights and recommendations to help you navigate this conflict.

With AI Legalese Decoder, you can:

  • Identify the relevant laws and regulations applicable to your situation
  • Analyze the body corporate bylaws and understand the restrictions on medical cannabis use
  • Develop a strategy to minimize any disturbance to your neighbors while protecting your legal right to use medical cannabis
  • Draft a letter or agreement that outlines the terms of your use and the actions you are willing to take to minimize any impact on your neighbors

Conclusion

In conclusion, the situation you’re facing is complex and requires careful consideration of the relevant laws and regulations. By using AI Legalese Decoder, you can gain a better understanding of your rights and obligations and develop a plan to resolve this conflict in a positive and productive manner.

Additional Tips and Recommendations

  • Keep detailed records of your medical cannabis use, including dosage, timing, and any side effects
  • Document any conversations or meetings with the estate workers or body corporate representatives
  • Consider seeking legal advice from a qualified attorney to understand your rights and options
  • Use the air purifier, smoke buddy, and dry herb vape you’ve purchased to minimize any disturbance to your neighbors

Remember, it’s essential to prioritize your health and well-being while also being considerate of your neighbors. With AI Legalese Decoder, you can find a resolution that works for everyone involved.

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30 Comments

  • Substantial_Ad_3386

    While they may not be able to ban it outright, if neighbours can smell it then likely you can be forced to prevent this. Shouldn’t be too hard to use it in a closed bathroom with the exhaust fan on?

  • obvs_typo

    Use a vape or edibles.

  • PrimaxAUS

    Just use a SmokeBuddy to exhale into. It’ll get rid of the vast majority of the smell.

  • No-Maintenance749

    https://smokebuddy.com no need to thank me, no smell at all, feels odd at first but will 100000% solve your issue smoking indoors or even out doors. 

  • TiberiusEmperor

    Learn to bake brownies

  • rangebob

    find a place to smoke that dosnt affect other people ? Seems like a reasonable solution to me

    I’ve seen complexes have rules about smoke affecting before. It won’t just be because it’s weed

  • MorningDrvewayTurtle

    Mate, show some consideration to your neighbours that have to live in close proximity to you. “Love thy neighbour”

    I’m a user as well, but I find the smell of weed smoking foul. It is thicker than regular smoke and seems to hang around quite a bit.

    However smoking, regardless of whether it’s tobacco or marijuana, is a nuisance and pisses everyone off. People want to enjoy their homes, a fresh breeze, and not have to get up and shut up their house every time you choose to light up (which they can’t predict, they can only react to the smoke already entering their house and lungs).

    Walk to the end of your complex and smoke on the street.

  • Ichances

    Just smoke your marijuana outside on the street?
    It’s a pretty standard strata claus, why should your neighbours tolerate weed smell in their property. And yes strata can enforce this and fine you for it.

  • Ok-Motor18523

    Well the guidelines explicitly state that you should be using it via vaporisation instead of smoking it.

    Smoking it could be considered against the law. Even in private.

    > If you are taking an oil product, then the risk of having any trouble with law enforcement is very low. If you’re prescribed an inhaled product, you may only vapourise that product, not smoke it, and may only do so in smoking areas.

    https://www.tga.gov.au/resources/resource/guidance/guidance-use-medicinal-cannabis-australia-patient-information

    So technically it would be against the law the way that you are using it.

    Whether the police would do anything about it. Doubtful, but a non zero chance.

  • DegeneratesInc

    There are smoke mufflers available that you can exhale into. Try a vape-style tobacconist or online vape store.

    Also, to get the best medicinal/financial/personal benefit from your medication, it’s best to use a dry herb vape. Unfortunately dry herb vapes have being equated with nic rubbish and casually banned also and of course pharmacies have used this as an opportunity to fleece people of money freely for **the exact same product** on script.

  • RXavier91

    You need to dry herb vaporise as instructed on your prescription because it’s illegal to smoke prescription cannabis in Australia. Vaporising also smells far less than smoking and gives your neighbours less reason to complain.

    Purchasing a smokebuddy/cloudvault and air purifier will allow you to vape indoors with virtually zero smell.

    I’ve lived in the same type of estate twice, I follow the rules and I’ve never had an issue.

  • SocietyIcy5784

    Also sorry I didn’t know if this was NSFW because of the mention of cannabis, thought I’d play it safe 🙂

  • dreamingsheep90

    Why don’t you get a dry herb vape ? The smell is negligible

  • Frari

    >drugs are not tolerated in this estate

    That on the face of it is a ridiculous statement. I’d ask them about my aspirin, is that banned as well? If your smoke is affecting other people then you need to do something about the smoke. But there is no way they can stop you using your prescription medication.

  • Glittering_Season_47

    Welcome to Body Corporate living in Australia!

  • Background-Drive8391

    Just buy a cloud vault and nobody will be able to smell anything…..problem solved

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  • LeahBrahms

    NAL Get a smoke buddy.

  • come_ere_duck

    Glad to hear you found a solution. Though I believe that body corporate is in the wrong here. Seems like discrimination against you for having a medical condition. I could be wrong but if you’re on your own property, I don’t think they can really do anything about it.

  • PureMassacre99

    [https://www.washingtonpost.com/home/2023/07/06/get-marijuana-smell-out-home/](https://www.washingtonpost.com/home/2023/07/06/get-marijuana-smell-out-home/)

    More typical [air purifiers](https://www.washingtonpost.com/home/2023/06/08/how-choose-air-purifier/?itid=lk_inline_manual_12), especially those that have medical grade, high efficiency particulate air (HEPA) filters, can now aid in diminishing smoke and smells as well, Schuiling says. Traditional ceiling and mobile fans can also work in a pinch.

    The scent of marijuana tends to be strongest just after smoking. To cover that smell, try lighting candles or incense, Reynolds says. She also has less traditional solutions: “Say your mother-in-law is coming over or something like that, and you need a quick fix. You can even pop popcorn in the microwave.”

    Reynolds also recommends boiling vinegar or essential oils, especially lavender and citrus oils, to help cover the smoke smell. But keep in mind these scents mask the marijuana odor while doing little to actually remove it.

  • National_Chef_1772

    How can a 3rd party dictate what prescription medication you take?

  • mangoflavouredpanda

    Body corporate can’t control that…

  • nenzshejensbsk

    Sounds like they are discriminating against you on the basis of your medical condition…

  • FF_BJJ

    You are not obliged to tell other civilians about your medical conditions.

  • CaptainFleshBeard

    Drugs are not tolerated in this estate ? Better make sure the neighbours also empty their medicine cabinets too

  • Wobbly_Bob12

    Why TF did you buy in a body corporate estate? Basically, you bought your own property and gave someone else power over how you live in it. Stupid.

  • skykingjustin

    That would be discrimination against a medical issue and a no no. Tell them to kick rocks or you’ll take them to vcat.

  • filthy_ratbag

    Your best long term option is to try to get on strata council and get the rules changed in your favour.