Henrico County had a similar episode a few years back and the Nam vet with a flagpole lost and had to pay $95K in legal fees to the HOA. The issue, the HOA said, was not the flag, but the flagpole. This time the HOA is making the same argument. Unfortunately, it will be very hard for an honored vet to win this case.
Sad...very sad indeed when a flag pole is unsightly.