http://www.senate.gov/reference/reso...df/RL30243.pdf

Restrictions on Display of the Flag by
Real Estate Associations
The Freedom to Display the American Flag Act of 200556 prohibits a
condominium, cooperative, or real estate management association from adopting or
enforcing any policy or agreement that would restrict or prevent a member of the
association from displaying the flag in accordance with the Federal Flag Code on
residential property to which the member has a separate ownership interest.
So is the HOA breaking the law?

If this is the case he should use the 24hr illuminated rule too:
It is the universal custom to display the flag only from sunrise to sunset on
buildings and on stationary flagstaffs in the open. However, when a patriotic
effect is desired, the flag may be displayed 24 hours a day if properly illuminated
during hours of darkness.23
I wonder what would happen if he sub-leased his flagpole to the DoD what would then happen?

In general in Aus we don't have many flagpoles or flags flying. I would be amazed to see a VC winner being banned from flying the Australia flag in Australia. I find it abhorrent that people are so fixated on money that they would tell a 90 year old war hero that he cannot continue doing something that is representative of what he believes in.

Given the list of courtesies given to Medal of Honor recipients I think the HOA is out of line with what they are asking. It would be interesting if another benefit added would be for MoH to have a flagpole any place they please.