The HOA is telling me to stop smoking in my patio because the neighbor complained using "Odor Nuisance" from our CCRs. What can I do to fight this?

Unless your CC&Rs have a provision which specifically allows smoking or allows smoking in some specified areas, then the HOA Board can promulgate whatever rules it thinks are reasonable and appropriate. A court will not second-guess the business judgement of the HOA Board.  Don't break the rules. The HOA Board can impose fines, make the fines a lien on your unit, add attorney fees and expenses to the lien, and forelclose the lien, sell your home and evict you. The attorney fees are likely to be more expensive than the fines. There aren't many smokers left. Don't try to put this to a vote. You'll lose. You could ask the HOA Board to designate a place where you could smoke, but that might provoke a rule that says nowhere on the property. The HOA owners are likely to approve that. Is your unit self-contained for heating and ventilation? Rules regarding not smoking inside are usually concerned about shared duct and ventilation systems pumping smoke from a smoker's room to a non-smoker's room. Maybe you can smoke inside your unit. Maybe vaping would be more acceptable. This problem for smokers is increasing. You can't smoke indoors in most buildings. You can't smoke within 20 feet of most doors and windows. You can't smoke in many outdoor parks. That doesn'l leave many convenient locations, especially with seating.  If you appreciate this free advice, please remember to refer us to your relatives and friends who need legal help. Referrals are still our best source of new business. Dana Sack 510-286-2200