Amy Cooke and her husband have been proudly flying the U.S. flag outside their San Marcos condominium for more than 20 years. <\/p>\n
But now their homeowners association is threatening them with a $100 fine, arguing the display of Old Glory flies in the face of community rules.<\/p>\n
Cooke has made it clear that the flag isn\u2019t coming down without a fight. <\/p>\n
\u201cIt\u2019s a symbol of freedom,\u201d she said in an interview with The Times. \u201cWhat does it say to people who are risking their lives for our country … that we can\u2019t fly this flag? It makes me very angry.\u201d <\/p>\n
The fight between residents in the complex and the Ambiance Owners Assn. began in 2024, after the HOA passed a policy prohibiting any flags, signs or banners from being displayed in common areas. <\/p>\n
At the time, neighbors like Cooke thought the policy was meant to deter flags showing support for sports teams or espousing political views. Cooke said she assumed the American flag would be excluded, given that flying the banner is protected under state and federal law. <\/p>\n
But not long after the policy was enacted, neighbors in the San Diego County community started getting letters about their Stars and Stripes.<\/p>\n
Resident Terri Collins has already been fined $100 \u2014 a penalty she\u2019s refused to pay \u2014 for flying the U.S. flag outside her condo. <\/p>\n
The red, white and blue banner has been on display outside every home Collins has ever lived in, even the apartment she and her husband, Dave, occupied shortly after they were married. <\/p>\n
\u201cDave and I grew up in homes where it was very patriotic,\u201d she said. \u201cIt\u2019s always been our tradition. We\u2019ve always stuck a flag out in front of our home and it will always be that way. These people aren\u2019t going to bully me.\u201d <\/p>\n
The Ambiance Owners Assn. did not respond to a phone call seeking comment from The Times on Wednesday. <\/p>\n
In a memo circulated to residents in October 2024, the association\u2019s board of directors said banning flags in common areas was in the best interest of everyone in the community. <\/p>\n
\u201cOnce the members allow use of common property by an owner to express what is essentially a political or affiliative view in a flag, sign, or banner, other owners will want to do the same and the common area will degrade,\u201d the letter states, quoting the association\u2019s attorney. <\/p>\n
The policy states that flags in common areas or extending into common areas are prohibited. The rules also state that only one flag, sign or banner may be flown per household in exclusive use common areas \u2014 which are reserved for the private use of specific homeowners but owned by the entire association \u2014 and that flags are to be a maximum of 4 feet by 5 feet in size. <\/p>\n
State and federal law does protect people\u2019s right to fly American flags on their private property. <\/p>\n
In 2005, Congress passed the Freedom to Display the American Flag Act, which ensures HOAs or similar groups can\u2019t prohibit residents from displaying the U.S. flag on their property. The law does give HOAs some leeway to determine how the flag is displayed.<\/p>\n
Similarly, California law states that \u201cexcept as required for the protection of the public health or safety,\u201d no organization shall limit or ban the display of the flag within an exclusive use common area. <\/p>\n
In Cooke\u2019s case, the HOA argued in a June letter that the flag mount on the couple\u2019s garage door frame is installed on \u201cHOA common area fascia.\u201d <\/p>\n