QUESTION: Can the association make it a violation to smoke on your own balcony? Wouldn't that violate the smoker's civil rights?

ANSWER: Restricting smoking is not a violation of a person's civil or constitutional rights. Associations have good reason to regulate smoking--it is a health hazard, a fire risk, and a nuisance. Associations have broad rule-making authority and can prohibit smoking on balconies. Moreover, there is an increasing trend in associations to ban smoking inside units. In addition to being a fire hazard, cigarette smoke inside units can be drawn into some buildings' central air system and distributed into other units.