Pubdate: Fri, 07 Feb 2014 Source: Arizona Republic (Phoenix, AZ) Copyright: 2014 The Arizona Republic Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html Website: http://www.azcentral.com/arizonarepublic/ Details: http://www.mapinc.org/media/24 Author: E. J. Montini CHANDLER HOA RULE AMOUNTS TO USING MEDICAL 'WEED' KILLER Like many of you, when I heard that a Chandler homeowners association board voted to ban people from smoking medical marijuana - on their own property - I was left with one question: What were those folks smoking? Because it must be some great stuff. Either that, or this particular HOA board, like many, many others, was simply drunk with power. Residents at Carrillo Ranch in Chandler have been told they are not permitted to smoke medical marijuana in their backyards, front yards and patios. Medical marijuana is legal in Arizona. Some people count on it to get through the day. Tom LaBonte, a two-time cancer survivor and a resident of Carrillo Ranch, has met a number of those people. "I have never used it myself," he told me. "But I know lots of people who have been helped by it, people who were unable to eat because of chemotherapy or radiation treatment. I know a woman right now, a breast-cancer patient, who is being helped by it. This is really one of those instances where people are just overreaching their authority, maybe not thinking things through. This just isn't right. Medical marijuana is legal, and they're going to tell people they can't use a legal product?" Yes, they are. The HOA's attorney, Curtis Ekmark, told Luci Scott that HOAs' boards "don't really care what people do in their units ... but if it affects neighbors, it becomes a community issue." Meaning what? Some neighbors might not like the smell drifting over the back wall? I've heard a number of times over the years from people living in HOA communities who didn't realize the freedoms they'd given away by signing the covenants, codes and restrictions. HOAs can't ignore federal fair-housing laws, but they're free to regulate just about anything else. And they do. In 1997, I wrote several columns about a World War II veteran in a dispute with his HOA over a flagpole he had in his backyard. His name was Doc Wussow. When Doc and his wife built their home in the Terravata development in Scottsdale, flagpoles like the one in Doc's backyard were permitted. But before the couple moved in, the association changed the rules. Doc served in the Pacific during the war. His brother was killed while fighting in Europe. Doc was not going to back down. But the association fought him, and the old vet nearly went bankrupt. The Terravita association said Doc's flagpole needed to come down in order "to preserve the quality of the Terravita community." As if a silly rule about flagpoles was more important to a neighborhood than having honest, hard-working residents like Doc. Tom LaBonte doesn't want something like that to happen in Carrillo Ranch. He was fully aware the HOA had numerous rules and regulations when he moved in. "But to my mind, regulations should be things that have to do with maintaining your property, keeping house and yard in good shape, that sort of thing," he said. "This is going too far." LaBonte is circulating a petition to try to get the HOA board to change its mind. If that doesn't happen, the issue could end up in court. "That should happen," said George Staropoli, founder of Citizens for Constitutional Local Government, a Scottsdale non-profit that tries to inform people about HOAs. "An HOA board can do just about whatever it wants if you let them. Some things deserve to be challenged. I'd guess that many people who live there don't like this rule." LaBonte agrees. "I went to about 20 houses with my petition, and all but one person signed it," he told me. "I was feeling pretty low about this rule, but talking to neighbors who understand the issue makes me feel great. My neighbors get it. I hope we'll be able to convince the board this was a bad idea. Maybe we'll all learn something from the experience." It's a fairly simple lesson: Quality marijuana, for some, is a medicine. Quality neighbors, for everyone, is a high. - --- MAP posted-by: Jay Bergstrom