I agree with you about him being exceptional, but for this man fighting for his flag is nothing new. This is no doubt the easiest battle he’ll ever win, if his history is any guide to go by. So I don’t think it is causing him much angst...rather anger, and his anger is something to fear. He is no victim.
It was supposed to be down by 5PM today “or else.” Anyone have any up to the minute info?
The Board could issue a special waiver for him, if he had gone through the permiting process prior to erecting the flag pole.
He didn't do that, and has forced their hand.
Now, the Board is in a bad spot. If they don't enforce the governing documents, they can be sued. If they do enforce the governing documents, they are dragged through the media.
And for all the folks who think that the Board should just ignore this, a lawsuit brought against the Board for "capricious and arbitrary" enforcement of the governing documents costs them big. If their D&O insurance doesn't cover them, then all the rest of the neighbors in the HOA have to pick up the legal tab and the Board, theselves, can be held PERSONALLY and FINANCIALLY liable.
So, folks need to consider if they would risk THEIR personal fortune to protect a man who doesn't want to abide by the rules he agreed to when he bought the house.