Can flying creatures attack from above?

[Moghedian]

For instance can a gargoyle hover directly above its target and attack them? thus negating flanking.

Also are there any advanced rules on this topic? as lots of things are not so clear and more open to DM discretion. would this be fair play from the DM?

Another question might be, if the gargoyle attacked you from above and your pet adjacent to you wanted to attack the gargoyle what range would the gargoyle be at? will it be able to stand up on its back legs and still attack with both claws and a bite or would he need to be a tall creature with a weapon capable of adding some extra reach?

Many thanks for any help on this!

[Starglim]

Yes, and it gets a bonus for attacking from higher ground. <snip>

If the Medium gargoyle is in range to attack you, it's in the 5-foot cube directly above yours. Your Small or Medium companion can attack it with no difficulty.

[StreamOfTheSky]

No bonus for higher ground. Higher ground isn't about juat being higher up than the foe, it also requires actually having some sort of surface underneath you. Whether that be a hillside, a table, or a mount.

Please don't give flight more advantages than it already has by RAW.

Common Myth #2: "Magical flight means I make no sound while flying!"
NO.

[gbonehead]

I don't think that "on the ground" is the important part of the +1 bonus to attack for being "on higher ground."

For example, if you're mounted you get it, even though you're not on the ground, and the Death From Above feat specifically mentions it.

What about flying would preclude you from getting the +1 for being higher?

[StreamOfTheSky]

I don't know. What precludes a 20 ft tall giant from getting the bonus when attacking humans, then?

[BltzKrg242]

The giant is not on higher ground.. he's just taller.
How is that the same?

Flying creatures do get the +1 for higher ground from all interpretations I've read.