Need Advice: Renters downstairs Smoking Weed

[Michelle Luders]

I recently bought and new house and am renting out my condo. My renters are great, but the problem is that the people downstairs smoke Weed...pretty much EVERY day, ALL day. It has been this way for years and I was told there was nothing I could do because it's legal. I am friends with the owner and we are on the HOA Board together, but she will not stop them until something is written in the bylaws. It's so bad that we often had to shut our windows so we could semi breath and it was still strong. Now with Covid, I think they are home more often so it's even more frequent. They have a school age daughter and now a brand new baby. It can't possibly be good for them. Is that even legal to smoke that much in a small area with kids??? My renter also has a young daughter and the smell is really getting to them. It starts as early as 6am and when they are smoking in their bedrooms is goes right out their window and up into my renter's windows. This continues all day and into the night. It's HOT in there right now and they want to have all the windows open. I get it...I lived through it for MANY years. Now I feel that I need to deal with it because if I don't address it I could lose a good renter. They have been talked to about it and they clearly do not care. Their response is that they can do what they want, it's legal, and close the window. Does anyone know if there is ANYTHING I can do? I have taken it back to the Board again, which I am on, but we are waiting to hear back from our attorney. At first she said she didn't think we could stop them and I did some research and found that it is illegal to been seen smoking weed or to have anyone smell it. We can clearly smell it, so I feel I have a case to force them to stop. Anyone have experience with this?

[Marcello Di Gerlando]

Excessive smells can be remedied by law in many states forcing offenders to mitigate. I suggest speaking with an attorney. A letter from an attorney to the HOA would probably be best. I wouldn't try to serve a cease and desist to Checch and Chong directly.