A home-owners association in San Marcos, California is demanding that two homeowners removed U.S. flags from their property on the eve of the country’s 250th anniversary.
Amy Cooke and her husband have been proudly flying the U.S. flag outside their San Marcos condominium for more than 20 years.
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.
Cooke has made it clear that the flag isn’t coming down without a fight.
“It’s a symbol of freedom,” she said in an interview with The Times. “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.”
HOA’s are well known for being extremely controlling about what is and is not allowed in public spaces. This particular spat goes back to 2023 when the same HOA ordered a different homeowner to take down a flag for the San Diego Padres. At the time, the HOA was clear that only U.S. flags were allowed.
In May 2023, the HOA notified one homeowner that sports flags were prohibited while stating that “the American flag is the only approved flag to be hung on and within common property.”
However, by 2024 the HOA had gone too far.
In a memo circulated to residents in October 2024, the association’s board of directors said banning flags in common areas was in the best interest of everyone in the community.
“Once 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,” the letter states, quoting the association’s attorney.
The Cooke’s and another neighbor who received a letter threating a $100 fine have refused to remove their flags. They have also started a fundraiser for what they anticipate could be an expensive legal battle. But, legally, the HOA has no legs to stand on.
Cooke said she and her husband have spent nearly two years researching federal and California law, gathering HOA records, corresponding with the HOA and preparing for what they believe could become a lengthy legal battle…
“California law is clear. While homeowners associations may adopt reasonable rules governing the manner, placement, or safety of flag displays, they cannot prohibit homeowners from flying the American flag on their own property,” Courtney Corbello, counsel at the Center for American Liberty, told Fox News Digital.
“No homeowner should be threatened with fines for respectfully displaying the flag of the country they love, especially on the eve of America’s 250th birthday. A blanket policy that sweeps in longstanding flag displays and punishes residents instead of pursuing reasonable solutions is likely to face serious legal scrutiny. HOAs cannot bully homeowners into taking down the Stars and Stripes.”
There is also a federal law preventing HOA’s from doing exactly this.
Under the Freedom to Display the American Flag Act of 2005, homeowners’ associations can’t ban residents from flying the U.S. flag on their own property. However, the law does allow HOAs to set reasonable rules about the size and placement of the flags, as well as how they’re displayed.
In this case, the flags are a standard residential size and are mounted on the homeowners’ garage. These homeowners have lived here and been flying the same flags for decades. So I think it’s very likely the HOA is going to lose this one but that doesn’t mean they can’t use the threat of a lawsuit to punish the homeowners.
🇺🇸 This is sparking outrage. San Marcos residents are being threatened with $100 fines by their HOA for displaying American flags outside their homes—just days before America’s 250th birthday. Homeowners say the flags honor family members who served, while the HOA claims they’re… pic.twitter.com/pkoQyWJvfK
— SoCal Daily Pulse (@socaldailypulse) July 1, 2026
I’d love to see an interview with the HOA members who voted for this, but so far they have not released any meeting minutes in response to requests from the homeowners.
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