The 1990 Americans with Disabilities Act does not require strictly residential apartments and single-family homes to be made accessible. New multi-family construction also falls into this category. In all states, the Federal Fair Housing Act provides protection against discrimination for people with physical or mental disabilities. Discrimination includes the refusal to make reasonable modifications to buildings that aren't accessible to the disabled. A homeowners association's board of directors can restrict smoking if it applies to indoor common spaces such as hallways or recreation rooms.
Outdoor spaces are a different story, say legal experts.
But that would not apply to interior spaces owned by smokers themselves. Various Internet sites specializing in common-interest developments, such as those operated by the Community Associations Institute and CIDNetworks. In a condominium development, a balcony is not considered private property but common property assigned to your exclusive use but a common area nontheless. Some associations prevent people from barbecuing on their balconies or hanging large plants from the railings. However, the larger issue of regulating personal conduct is not so clear-cut.