1) I recall cases where a resident (usually an elderly military veteran) in an HOA community put up a flagpole to fly the US flag, and was told it violated the HOA rules. A legal battle ensued, and the legislature passed a "Right To Fly" law that invalidated the no-ground-mounted-flagpoles HOA rules. True?
First, see the Freedom to Display the American Flag Act of 2005. That pertains to federal protections.
Florida has its own statute: FS 720.304:
"...(2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 4 1/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.
(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 4 1/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents..."Looking at the legislative history, the statute has been amended several times, beginning in 2003. In Florida, it's silly for an HOA to tamper with the interpretation and legislative meaning of the statute -- to the point where I would consider a damages claim to recover legal defense fees against my own HOA if they pursued it, even with sovereign immunity and personal indemnification clauses. An HOA should know the statute and/or be guided by legal counsel who should know the statute. It may, or may not hold but the HOA would think long and hard about pursuing a future action that could be protected by law.
Jim, as to the other instances you mentioned, I have not followed those cases closely enough to comment.
Paul, W9AC