Barfoot applied for permission to build the pole, and his application was denied. It wasn't a neighbor making a stink, or the HOA board being "busy-bodies".
And the board has a fiduciary, legal obligation to enforce the rules. If they ignored the flagpole, ANY neighbor could sue them for not enforcing the rules. Apparently starting next January, HOA board members will be open to being personally sued by disgruntled homeowners.
IT's easy to think that it's only those being denied a flag pole that could cause trouble for the HOA, but it's both sides. HOA board members are often just your neighbors (I'm a board member of an HOA). They take time out of their busy lives to serve the community, making sure the rules are enforced, keeping the budget, making sure common areas are kept up, handling disputes, and basically being cursed and sworn at on a constant basis by homeowners who would never think to volunteer but are always ready to complain. (Oh, that's not my personal opinion -- I don't mind other homeowners yelling at me, it's how I figure out whether I'm doing a good job or not, I'm just painting a general picture). The daily fines won't start until the deadline. And if their HOA is like most (and it might have to be because of Virginia law), the homeowner can appeal the request, which will also put the fines on hold pending a hearing with the board. I know that in my community, we have bent over backwards to give homeowners (who are our fellow neighbors, and whom we represent) the chance to make their case before we try to enforce rules or fine them. Which means that we regularly schedule hearings at which the homeowners don't show up. The worst way to handle a dispute with the HOA is to ignore their rulings and do what you want. It pretty much forces them to send formal notices and start the legal process. If they don't, they can be sued for violating their legal duties under Virginia law.
Um, we don't know that.