I know this thread is really old, but was this ever resolved? The same thing is happening to my parents at their condo right now. My dad is 76 and smokes his pipe out on his balcony twice a day, and has for the 28 years they've lived there. They live on the top floor, so no smoke bothering people above them, and have made sure the neighbors on each side don't mind (the top floor is only for long-term residents). Now the HOA is saying that as of January, no more smoking on the balcony. Does anybody know if he has any recourse, or have any suggestions? This is one of his big pleasures in life, and involves the trifecta of the pipe, the gulf, and his private balcony (and sometimes a glass of wine) Thanks for any help or ideas.
If it as subtle as you say it is, he should have no problem continuing his habit.