Thank you for the clarification.
You are entitled, by law, to the quiet enjoyment of your property without interference. Based on the information you provided your right to quiet enjoyments has been violated.
You have options. The first is to request an amendment to the bylaws and or file a private nuisance
action against the neighbors in court.
The HOA has the power to amend the governing documents. The only issue I see is that your neighbors would want to be grandfathered in because they smoked when the purchased the property and the ban was not in effect.
§ 47F-3-102. Powers of owners' association
(1) Adopt and amend bylaws and rules and regulations;
The bylaws MUST set out an amendment process
§ 47F-3-106. Bylaws.
(a) The bylaws of the association shall provide for:
(6) The method of amending the bylaws.
The HOA Board has a fiduciary duty to all owners to act in the best interests of the owners.
Aside from the HOA, based on what you have described, the neighbors smoking has become a nuisance.
“Nuisance is defined as the unlawful and unreasonable interference with the enjoyment of the property of another (in other words, someone creates a condition that is obnoxious to his neighbor). This tort protects the landowner’s right to quiet enjoyment (use) of his property. It is not necessary to have a physical invasion in order to establish the tort of nuisance. Rather, the disturbance is often noises or odors.”
“A person injured from private nuisance can make a claim for either damages
or injunctive relief or for both . Accordingly, remedies available for nuisance under law include:
• damages; or
• injunctive relief; or
• a combination of both damages and injunctive relief for separate harms alleged.”
A private nuisance falls under tort law and you would have a cause of action to file a lawsuit against the neighbors for damages and for an injunction wherein the court orders them to cease smoking in the proximity of your property.
Where are you located so I can provide a link for an attorney in your area that provides free consultations?