[TheBigB]

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.

True.

Also, as D. pointed out, units with adjoining walls can indeed be a problem. If someone was blasting some AC/DC at 3am, and I went over to complain, I wouldn't be impressed with a response along the lines of, "I am performing a legal act inside the confines of my own home. You have no say in the matter." I don't know if the smoke or the smell would infiltrate other units like noise would, of course. But maybe it does.

[cwat212]

If someone was blasting some AC/DC at 3am, and I went over to complain, I wouldn't be impressed with a response along the lines of, "I am performing a legal act inside the confines of my own home.

^^ But that IS illegal

[Mjaye]

I don't know if the smoke or the smell would infiltrate other units like noise would, of course. But maybe it does.
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I'd be willing to bet they smoked on their patio and it drifted upstairs/nextdoor, wherever. I live in a detached house and smelled smoke the other day when outside; a workman next door was smoking behind the garage. It wasn't enough to be a nuisance, but I imagine in a condo it could be obnoxious if you lived above a couple of chain smokers and wanted to enjoy your patio or have your door/window open. HOA's are a pain, but when a guy next door wants to paint his house neon orange, they might come in handy.