I am not so sure it is a good idea to presume the courts will choose to enforce/not enforce anything. Playing it safe from the beginning to me makes more sense. Additionally it is always such fun to spend time going to court fighting off something stupid that your tenant did.
As others have implied, having a very strict lease requiring the tenant to comply with all hoa bylaws and ccrs is a good idea. Furthermore there is usually a notice of violation of the hoa when the unit is in violation. You may want to even put in the lease that upon notification of violation the tenant has x number of days to remedy the violation or else the tenant is in default.
