And all that said, if same said neighbor is downwind, maybe you should take up smoking foods on an outdoor smoker.
How about acquiring a medical MJ license and smoking near the property line? Set up a support group for arthritis patients and have them meet at the house in the back yard. I can see Evil Neighbor’s child — “daddddddy, moommmmmy, what’s that smell?”
If it’s a support group, it would be an activity protected by disability rights laws, so if the HOA fined you, you could come down on the maternal lovers like a ton of hidebound lawbooks.