@Art Maydan 1). from an insurance perspective, you could be held liable if a tenant is harmed because of non working life safety equipment.  

I am not a do-gooder and I could really care less what these people do, since it doesn't harm me.

Don’t volunteer to put yourself in harms way with the language you use to describe your relationship..

If/when they do nothing, have an attorney send a letter to the HOA notifying them that you will be filing suit against the HOA and Board members individually as their willful actions have caused you harm and try to get the HOA to enforce the covenants as your property value has been hurt.

Negotiation back and forth could lead to misunderstandings that could harm the relationship.

The neighbor "saw no harm" in it.

I wish this information was more mainstream, but seeing as it would seriously harm the existence of realtors, I can see why there's very little known about it.

Any thing you say to them about this issue may harm your case so do not discuss this with them any further but ask for the name of their lawyer and phone number to give to your lawyer.

Second hand smoke is ghastly and harmful to the health of others, so consider this if your property is multifamily or close in proximity to another. 

Existing situations are less likely to be reported because it has been that way for a long time.Jail is pretty extreme for a consequence, but if someone gets harmed, you could be held responsible for criminal negligence.