Mango:
Thanks for your post.
Although the maintenance of unit balconies are the sole obligation of the individual owner, balconies are considered limited common areas in our building. The Board's attorney has "suggested" the Association has the right to set policies for limited common areas; hence, the no-smoking rule.
I find this to be a very complex issue as I understand that some owners like to smoke on their balconies while others cannot stand second hand smoke that drifts onto their balcony. Both sets of owners have the right to enjoy their property. Who is right... I have no idea.
If I was on the Board, I'm not sure I'd be willing to take up this issue when the potential cost to an Association in litigation is high.
It's okay to grill on your deck, have dinner with your finest crystal and china on your deck, have pets on your deck, play your boombox on your deck... heck, it's probably okay to sunbathe nude on your deck... but if it comes to smoking a legal product on your deck...
your're going to get the paddle.
Little Fish