Trying to drive well may keep you out of trouble, even having to go to court for a fine, you might get a warning for minor infractions.

Enforcement of any regulation by any regulator is at a level of discretion, how serious is the infraction, is there financial harm or potential of harm, is there a public benefit served, if none of these issues are present and both parties are smiling, it might be a cease and desist letter, hand slap and you'll be told to go get it fixed.

Most of the times the code violations end up being small infractions that can be easily resolved like installing doors and windows without a permit or changing out kitchen cabinets and fixtures.

If you violate financial laws you're venturing into federal law and a minor infraction can cause you to lose the money in your deal plus, you could be fined and they begin at ten thousand dollars and go up.

Normal heights seems to allow obvious code infractions. 

And we have documented the smoking infractions, though that's not something we are bringing up with them presently. 

Have they said when the smoke or where the smoke is more noticeable, In a complex I managed a patio smokers fumes went right up and in the above units door.. it's hard to control, best to eliminate if possible.. any cigarette use in common areas is lease infraction, so no halls, laundry rooms, ect for that. 

Most HOAs have a policy whereby they notify of an infraction and give a certain period of time for resolution and then they fine... is that not the case here?

If the street is used much that will get thier attention and will motivate them to perhaps overlook minor infractions to acceptance requirements. :)

You can evict for nonpayment or other lease infractions (maybe).