The following sentence (the last one in section 5.4.1. Reordering and Accessibility in flexbox) is problematic:
However a UA that uses order in determining sequential navigation, but does not otherwise account for spatial relationships among elements (as expressed by the various layout features of CSS including and not limited to flex layout), is non-conforming.
It looks like it is trying to introduce a conformance requirement in a note, which is not OK.
What is is actually trying to do is to illustrate a way than an implementation could fail to honor the normative conformance requirement already introduced by the second sentence of the section:
Likewise, order does not affect the default traversal order of sequential navigation modes (such as cycling through links, see e.g. tabindex [HTML5]).
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