Law gives the HOA authority. The HOA can make changes to their bylaws.
1. That's not what I meant. If an HOA passed a rule that said "Only the flag of the U.S. may be displayed," how long do you think it would be before someone wanted to display a Mexican flag? Or Swedish flag? Or swastika? The first two possibilites most people would have no problem with, but I really doubt that most posters in this thread would tolerate the third. On the contrary, you'd probably see people posting that they would rip it down or deface the owner's property.
2. I can only speak for my HOA, but changing the bylaws requires a 51% affirmative vote
by every homeowner. The Board cannot make changes on its own. In eight years, it's only been done once, and took months because most homeowners just didn't bother responding. The only change was to allow more varied paint colors and stain for decks and fences. For this minor point, which
reduced restrictions, after months of sending out notices, a board member finally went house to house ringing doorbells until he got 51% of the neighborhood to sign off on it.
HOA's have a bad rep on this board, but how many of the posters here actually are governed by one, and of those, how many have even attended an HOA meeting, much less tried to get their HOA to ease restrictions?
I became an HOA board member solely because: (1) no one else really wanted to, and (2) I wanted the power to vote against silly restrictions like the MOH winner's flagpole.
The HOA board is required to enforce it's own rules. Selective enforcement would open the door to lawsuits, not to mention being completely unfair.