Amy Cooke and her husband have been proudly flying the American flag outside their San Marcos condo for more than 20 years.
But now their homeowners association is threatening them with a $100 fine, objecting to Old Glory’s display flying in the face of community ordinances.
Cooke made it clear that the flag was not going down without a fight.
“It’s a symbol of freedom,” he said in an interview with the Times. “What does it say to the people who risk their lives for our country … that we can’t fly this flag? It makes me very angry.”
The fight between residents of the complex and the Ambiance Owners Assn. it began in 2024, after the HOA passed a policy prohibiting any flags, signs or banners from being displayed in the same areas.
At the time, neighbors like Cooke thought the policy was meant to ban flags that showed support for sports teams or political ideologies. Cooke said he thinks the American flag will be removed, because flying the banner is protected under state and federal law.
But not long after the policy was instituted, neighbors in the San Diego County community began receiving letters about their Stars and Stripes.
Resident Terri Collins has been fined $100 – a fine she refused to pay – for flying an American flag outside her home.
The red, white and blue banner has been displayed outside every home Collins 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 there was a lot of nationalism,” he said. “It has always been our tradition, we have always stuck the flag in front of our house and it will always be like that. These people will not hurt me.”
Ambiance Owners Assn. He did not return calls seeking comment from The Times on Wednesday.
In a letter distributed to residents in October 2024, the organization’s board of directors stated that banning flags in public areas is in the interest of everyone in the community.
“When members allow the use of common property by an owner to express what is essentially a political or partisan point of view on a flag, sign, or banner, other owners will seek to do the same and the common property will be degraded,” the letter said, citing an association attorney.
The policy states that flags in common areas or extending to similar areas are not allowed. The rules also state that only one flag, sign or banner can be flown per household on special-use common areas — reserved for the private use of specific homeowners but owned by the entire association — and that flags must be 4 feet by 5 feet in size.
State and federal law 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 that HOAs or similar groups cannot prevent residents from displaying the US flag on their property. The law gives the HOA some freedom to decide how the flag is displayed.
Similarly, California law states that “unless necessary to protect the public health or safety,” no organization shall restrict or prohibit the display of the flag in a public area of special use.
In Cooke’s case, the HOA argued in a June letter that the flag placed on the frame of the couple’s garage door was included in the “HOA common area fascia.”
David Keating, president of the nonprofit Institute for Free Speech, said the HOA’s definition of common area is simple and could be challenged if the situation goes to court. A GoFundMe set up by Cooke for legal fees related to the fight has raised more than $2,700 as of Wednesday afternoon.
“They’re setting themselves up for a successful case in terms of enforcement efforts, not to mention public ridicule on the eve of the nation’s 250th birthday,” Keating said.
