Within limits, yes. But to enforce those rules sometimes requires going to court -- and the Constitution would apply to what the court can do in trying to enforce the rule.

If the court can't enforce the rule, the association is left without leverage in getting residents to comply.

Most CC&Rs have some sort of unreasonable restrictions, anyway. Some are enforced, some not. There was actually a rule at my mother's old condo that she could only have white drapes in her dining area, since those windows were by a common walkway. And there was a rule that no one could grill on their patios or balconies--absurd, and unenforceable as a practical matter.

And if the person being policed refuses to comply? What recourse does the association have then?

When I lived in Alaska, pretty much every CC&R dispute wound up in court eventually.

In theory we could band together and reconstitute the association, but if it needed to try to enforce the contractual provisions that the CC&Rs represent, it would need to get a lawyer and start serving papers.

The same basic principle applies to easements or other intangible property rights: if I have an easement to cross your land that was established by the prior owner and is recorded, and you take title subject to it, you are bound by the easement. I get to cross your land, even if you don't want me to.

The same is arguably true here. Restrictions on what community members can and cannot do - as part of a contract they executed - are normally enforceable in court. Thus, restrictions on having trucks in the driveway, sofas in the lawn, or flags on the balcony are all probably enforceable, regardless of who one's son-in-law is. In one case in Florida I recently encountered, a guy owned the homeowner's association $150K for attorney's fees incurred in fighting the guy over having trucks in the yard (he lost, he owed them their fees).

What they did not mention is that the policy was established by a Board elected by the residents and the residents have the right to elect others.

The Board didn't want the place to look like a frat house and they struggled with issues such as Confederate flags and, heaven forbid, an Oklahoma windsock in the Cornhusker state.

The other thing that the media overlooked is that the facility prominently displays, at two different entrances, large American flags which have spotlights on them at night.

On eleven holidays, they display over 25 American flags during the day.

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