Can a valid contract infringe upon an inalienable right? [could the Association ban cooking cabbage? Or worse yet gun ownership?]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Lex:
It is not the contract "infringing". It is each party voluntarily agreeing to certain constraints.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The smokers did not agree that the Association had the power to prohibit smoking.
ASU OGC: Briefing Papers | Contracting Basics
Address:http://www.asu.edu/counsel/brief/contractbasics.html
Is the contract valid, void, voidable or unenforceable?
"-- 4. An unenforceable contract is generally a valid contract but is not enforced because of public policy or law. --"
In the case at hand, a smoking ban can not enforced because of public policy or law stating that people shall not be deprived of life, liberty or property without due process of law.
An Association prohibition on smoking infringes on the owners property rights, a right upon which they never 'voluntarily agreed to constraints'. - Due process was also violated.
The HOA claims it did, and gave due process both in the amending of the HOA covenants, and in the notice to the smokers. IOW, the smokers had an opportunity to have their say when the covenants were amended, and given notice they were in violation of the amended contract.
It then is a civil case for the contract lawyers to decide which argument is correct.
But I have a question for you: how far do your property rights extend? I will stipulate that if the smokers can guarantee their voluntary activity will be undetectable to a reasonable person outside of the bounds of their property, there should be no question. The question arises at the boundary between your property and mine. Can you do things on your property that make the use and enjoyment of my property difficult or impossible? Can I pollute a stream that crosses my property, and let the effluvia wash on to yours? May you site an open cesspit upwind of my house? May you burn noxious weeds in your backyard, right outside of my house's intake vent?