Why older loft buildings often have unclear rules

Many loft condominiums in River North were created from warehouses in the 1990s and 2000s, well before recreational cannabis became legal in Colorado. Their declarations and rules may mention smoking in general terms or not at all. Newer mixed-use buildings sometimes include explicit smoke-free policies, but mixed-use condos can also have commercial owners on the ground floor with separate rules.

Amendment 64, which legalized adult-use cannabis, allows people who own or manage property to prohibit or regulate its use on that property. In practice that means a condo association can generally adopt rules about smoking cannabis inside units, on balconies or in common areas, but how it must do so depends on the declaration, the bylaws and Colorado's common-interest community laws. An attorney who works with associations is the right person to confirm the steps.

Smoke drift complaints in loft buildings are common because warehouse conversions share structural elements, like timber floors with gaps between planks, old chases and common ductwork, that let odor move between units more freely than in purpose-built apartments.

Questions to ask the board or manager

Whether you are the one smelling smoke or the one being asked to stop, start with what the documents actually say.

  1. Do the declaration or rules address smoking inside units, on balconies or in common areas, and do they distinguish cannabis, tobacco and vaping?
  2. If the rules are silent, has the board discussed adopting a policy, and what owner vote or notice would that need?
  3. How are smoke complaints recorded and handled, and is there a standard form?
  4. Who is responsible for sealing gaps in shared structure, like plank floors, chases or common ducts?
  5. Does the association have any records of past smoke complaints or treatments in the unit I am buying or renting?
  6. Are short-term rentals allowed in the building, and do their guests have to follow the same smoking rules?

How a smoke drift complaint often unfolds

Every association is different; this is a common pattern, not a rule.

First weeks
The affected owner keeps a log of dates and times, talks informally with the neighbor if comfortable, and checks the governing documents.
After informal contact
A written complaint goes to the manager or board, with the log attached.
Board review
The board checks whether a rule applies, may contact the other owner, and may ask maintenance to look at shared paths such as gaps or ducts.
If there is no rule
The board may consider adopting a smoking policy, which can take months and an owner process.
Unresolved
Owners may consult an attorney about options under the documents and Colorado law. Mediation is sometimes used before anything more formal.

General information for RiNo, not a quote or professional advice. In an emergency, call 911.