Colleen and Rodger Sauve, both smokers, filed a lawsuit in March after their condominium association amended its bylaws last December to prohibit smoking.
Oh, the anti-smoking rule was certainly after the fact.
What wasn't after the fact was the HOA agreement, which almost certainly spelled out that the bylaws of the HOA could be amended at any time and that the new bylaws could be imposed on all residents by simple majority vote.
If the non-smokers outnumber the smokers, they can get away with that. Fortunately, our HOA is just alive enough to avoid seizure by the management corporation. They haven't had a quorum for a meeting in seven or eight years. I've heard there's someone in the back of the development keeping chickens (WAY against the rules) but haven't taken the trouble to check it out, because I DON'T CARE. Every now and then some gung-ho guy gets on the Board, but he's always beaten down in a couple of months.
ex pos facto laws are unconstitutional...