California HOA – A San Marcos couple and other residents say they’re being targeted by their homeowners association for flying the U.S. flag in areas they consider protected by state and federal law. The Ambiance Owners Assn. has warned of fines and barred flags in common area
For more than 20 years, Amy Cooke and her husband have flown the U.S. flag outside their San Marcos condominium. They say the Stars and Stripes have always been more than decoration—part of their family’s tradition and a public statement of gratitude.
Now, the couple says their homeowners association is threatening them with a $100 fine over the display.
Cooke said the flag isn’t coming down without a fight. “It’s a symbol of freedom,” she said. “What does it say to people who are risking their lives for our country … that we can’t fly this flag? It makes me very angry.”
The dispute began in 2024, after the Ambiance Owners Assn. adopted a policy prohibiting flags, signs or banners in common areas. Cooke and other neighbors say they believed the rule would not apply to Old Glory. since the right to display the American flag on private property is protected under state and federal law.
But soon after the policy took effect, residents in the San Diego County community started receiving letters.
One of them is Terri Collins, who said she has already been fined $100 for flying the U.S. flag outside her condo—a penalty she refused to pay. The red. white and blue banner has been on display outside every home Collins said she has lived in. including the apartment she and her husband. Dave. lived in shortly after they were married.
“Dave and I grew up in homes where it was very patriotic,” she said. “It’s always been our tradition. We’ve always stuck a flag out in front of our home and it will always be that way. These people aren’t going to bully me.”
On Wednesday, the Ambiance Owners Assn. did not respond to a phone call seeking comment.
In a memo circulated to residents in October 2024. the association’s board said the ban on flags in common areas was in the best interest of the community. The memo said that once members use common property to express an “essentially a political or affiliative view” through a flag. sign or banner. other owners will want to do the same and “the common area will degrade.” The board cited the association’s attorney in the memo.
The policy itself states that flags in common areas or extending into common areas are prohibited. It also says that only one flag. sign or banner may be flown per household in “exclusive use common areas. ” which the rules describe as reserved for private use by specific homeowners but owned by the entire association. Flags are limited to a maximum size of 4 feet by 5 feet.
Residents and advocates argue those restrictions collide with federal and state protections.
State and federal law, the article notes, protects people’s right to fly American flags on their private property. In 2005. Congress passed the Freedom to Display the American Flag Act. which ensures HOAs or similar groups can’t prohibit residents from displaying the U.S. flag on their property. The law also gives HOAs some leeway in determining how the flag is displayed.
California law similarly restricts limits on flag displays in exclusive use common areas, stating that “except as required for the protection of the public health or safety,” no organization shall limit or ban the display of the flag within an exclusive use common area.
Cooke said the HOA’s case appears to turn on where the flag mount is installed. In a June letter, the HOA argued that the flag mount on the couple’s garage door frame is installed on “HOA common area fascia.”
David Keating, president of the nonprofit Institute for Free Speech, said the HOA’s interpretation of common area is a stretch and likely to be challenged in court.
A GoFundMe launched by Cooke for legal fees related to the fight had raised more than $2,700 as of Wednesday afternoon.
“They’re really opening themselves up to probably a successful lawsuit against attempts to enforce this, not to mention public ridicule on the eve of the nation’s 250th birthday,” Keating said.
California HOA U.S. flag Freedom to Display the American Flag Act Institute for Free Speech San Marcos homeowners association common area restrictions