A good legal question. If the home owner association has no smoking in the home owner rules or ammended their rules this may be true. They should be able to tell you whether there is a no smoking rule for balconys in the association rules or whether they ammended those rules. Do you attend the association meetings? If not, it is always a good idea to attend these meetings so you can be actively involved in the decisions that affect your property.

Usually a porch is not included in the square footage of a condo but it may mention the square footage of a deck or patio.