Better yet, if burning the flag is supposedly Constitutionally protected free speech, then why is flying the flag not considered the same? "Free speech" refers to your relationship with the gov't: the latter shuold not interfere with your exercies of it. This does not mean that a private citizen or an organization cannot interfere: I have no right of free speech in your house, for instance; if you get terribly upset with what I say, you can throw me out.
Home-owners association is a private organization, and your speech within it is not free.
Wrong, Wrong, Wrong.
I lived in a Homeowner's Association for 4 years...I still own the townhome as rental property. They also tried to tell me that I could not have a garden flag outside my front door. I fought them and won by showing how ouotlandish their "by laws" were and how they were not enforced unilataterally. It did not even go to court since I threatened them with discrimination law-suits as well.
Homeowner's Associations are also not "dictatorships". This fellow needs to start a campaign with other homeowners and take over the association which can be done fairly easily since most associations do not have a large amount of participation. In most cases you can do it by getting only 20% of the residents to be active and support you.
One recommended link for more information is...
http://www.oag.state.ny.us/realestate/home_prob.html