[cajungirl]

Nice clear post. This is not nanny state as some allege. It is a community of people who agree to abide by their self made rules. It is actually quite refreshing on a small scale.

[tpaine]

There we have the ~real~ issue.
--- At what point will a majority decide it has the power to prohibit most ANYdamnthing, just because 'they don't like it'..
Are there constitutional limits on majority rules? -- A rapidly growing faction on FR claims not.

Not an issue here, tpaine.

So you claim. The smoking condo owners claim they ceded no 'power to prohibit smoking', -- to the Association.

The issue here is a signed contractual agreement between parties.

Indeed it is. Can a valid contract infringe upon an inalienable right? [could the Association ban cooking cabbage? Or worse yet gun ownership?]

Exactly the sort of thing libertarians espouse in lieu of centralized governmental controls.

Yep. bashing libertarians is yet another 'community issue'.

If you contractually give up some property rights to an HOA in return for some perceived benefit, that is your choice. But don't weep and moan when the other party enforces the contract to your cost.

I believe in fighting for my rights to cook cabbage, or smoke, or to own a gun. I don't cry about it, like some here.