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You said there was no HOA but there has to be one. The covenants and restrictions are more than likely recorded with your deed. Just because the actual home owners do not run it yet does not mean that it does not exist. It is already in place but builders/developers really go out of there way not to enforce as it may cause conflict with home owners who may tell prospective buyers that the builder sucks, etc., etc.
You should have been given a copy at your closing. If you have not get one, read it and then insist the builder, since they are managing the HOA right now, ensure that the rules are being followed. That being said, them smoking on their balconey affecting you is just tough luck. You may be able to find parking restrictions in the covenants though.
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