[bigfootbob]

What the hell are you talking about? I'm BUYING the property, it is mine, WTF do you mean? They didn't have someone hold a gun on their heads to sign the purchase contract.

[Atlas Sneezed]

>>You would deny a property owner the right to place beneficial restrictions ON HIS OWN PROPERTY!

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What the hell are you talking about? I'm BUYING the property, it is mine,

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Ahhh. You miss the key point, grasshopper.

The point is that the DEVELOPER owns the property all at one time, and puts whatever lawful restrictions (and right to amend) he believes will be most attractive to the market, and will maximize the price.

It's HIS property right to do so. Then, when I come along, enamored by the restrictions he has applied (say, because I hate junkers, basketball hoops, or the color pink) that restriction is lawfully continued, and I enjoy the lawful right to enforce it against the other properties that the developer originally owned. That is MY property right.

When some moron comes along, reads the rules buys anyway, then insists on behavior that either violates the rules, or is so much a nuisance that it leads to lawful rule change, then his effort to continue his behavior is the offense against property rights.

But I grant that there are a lot of morons who buy with no clue about the restrictions. I have no sympathy for them.

[NathanR]

What the hell are you talking about? I'm BUYING the property, it is mine, WTF do you mean? They didn't have someone hold a gun on their heads to sign the purchase contract.

If you 'own' a condo you only control the inside areas. The association controls the 'common' areas. That includes vegetation, mail boxes, outside walls, roofing, common walls (presumably including ceilings and crawl spaces.) Smoking affects those common areas. Smoking in my apartment can be smelt by a nonsmoker in any apartment nearby not separated by open space.