SAN MARCOS, Calif., June 30 (Escondido Times) — An Escondido homeowners association has ordered residents to take down American flags mounted outside their homes, threatening enforcement action and fines in a dispute that has stretched for years and now comes as the country nears its 250th birthday.
The Ambiance Owners Association sent Amy and Christopher Cooke a violation notice telling them to remove a flag mount within 15 days or face action, according to HOA notices and the homeowners’ statements. Neighbor Terri Collins also received a notice over an American flag displayed outside her home.
A hearing notice said the flag was installed on common-area fascia and that “Flags, signs or banners within and on common areas and/or extending out and into common areas are prohibited.” The notice set a hearing for June 30 and warned of a $100 fine.
An earlier HOA notice from May 2023 said sports flags were prohibited and that “the American flag is the only approved flag to be hung on and within common property.” The notices and homeowner statements show the dispute has gone on for at least three years.
Amy Cooke said the conflict began after another resident tried to fly a San Diego Padres flag, prompting the board to revisit its rules. She said the association has not explained why the garage door frame where her flag is mounted should be treated as common property rather than exclusive-use common area.
“Having to defend our freedom to display the symbol of freedom is something I never thought I’d experience in America,” Cooke said.
Collins said she plans to keep her flag up. “I’m not taking my flag down. They can fine me, $100, $200, $1,000, I’m not paying it,” she said.
Lawyers quoted in the dispute said HOAs can set reasonable rules on the size and placement of flags but cannot ban the American flag outright on private property. Courtney Corbello of the Center for American Liberty said California law allows reasonable limits on flag displays but not a blanket ban.
David Loy, legal director for the First Amendment Coalition, said HOAs “still don’t have a blank check to say no signs, no flags whatsoever on your own private property,” though they may regulate where and how flags are displayed.
