If we aren't at the activation height yet then there "can't" be a block that violates BIP110 rules, because one of the rules is that the rules only change after blockheight 965,664. Before that blockheight, BIP110's rules are the same as Bitcoin's rules.
Well, except for the miner signaling rule, which BIP110 nodes are supposed to start enforcing much earlier. But the website specifies that that doesn't count: "No consideration is given to...Miner intent [or] signaling behavior"