California HOA Threatens Fines for Flying the U.S. Flag. Some Residents Are Fighting Back.
A homeowners association in San Marcos is fining residents for displaying the American flag, even though state and federal law protect that right.
Amy Cooke and her husband have flown the U.S. flag outside their home in San Marcos, California, for more than 20 years. But now the group that manages their neighborhood is threatening to fine them $100 for doing so. The group is called the Ambiance Owners Association. Cooke says she won't take the flag down without a fight.
The Ambiance Owners Association is a homeowners association, or HOA. An HOA is a group that makes and enforces rules for a neighborhood or group of homes. In 2024, this HOA passed a rule banning all flags, signs, and banners from shared areas of the community. Many residents thought the rule was aimed at sports team flags or political banners — not the American flag.
But soon after the rule passed, residents began getting warning letters about their American flags. Another resident, Terri Collins, was already fined $100 for flying the U.S. flag outside her condo. She refused to pay the fine. Collins said flying the flag has always been a tradition for her family. "These people aren't going to bully me," she said.
Both California state law and a federal law called the Freedom to Display the American Flag Act protect the right to fly the flag on private property. Congress passed the federal law in 2005. It says HOAs cannot stop residents from displaying the U.S. flag, though HOAs may set some rules about how it is displayed.
The HOA argued in a letter that Cooke's flag mount is attached to a part of the building owned by the whole community, not just by her. Legal experts say this argument is weak and would likely lose in court. David Keating, from the nonprofit Institute for Free Speech, said the HOA is taking a big legal risk. He also noted the country is about to celebrate its 250th birthday, making the timing especially awkward for the HOA.
Cooke launched an online fundraiser to help cover legal costs, and it raised more than $2,700 in just a short time. The HOA did not respond to requests for comment. The dispute has drawn attention from many people who believe flying the American flag is a basic right. For now, Cooke and Collins say their flags are staying up.
"It's a symbol of freedom. 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."
Comprehension quiz preview
1. How long have Amy Cooke and her husband been flying the U.S. flag outside their home?
2. What does the word 'prohibiting' mean as used in the article?
3. Why did many residents think the HOA's new flag rule would NOT apply to the American flag?