Residents of a San Marcos, California, townhouse community are facing a June 30 homeowners association hearing after being ordered to remove American flags from outside their homes or risk $100 fines.
The dispute involves homeowners in the Ambiance townhouse community in San Diego County, where Amy and Chris Cooke and their neighbor, Terri Collins, say the Ambiance Owners’ Association told them their flags violate community rules. The case comes days before July 4, 2026, when the United States marks the 250th anniversary of the Declaration of Independence.
Homeowners ordered to hearing.
Amy Cooke said her family’s American flag has been displayed outside their home for more than 20 years. She now faces a June 30 HOA hearing and a possible $100 fine.
Cooke said the flag is attached to the garage door frame. The HOA notice said the display violates a rule governing common-area property, which restricts flags, signs, and banners.
Her husband, Chris Cooke, said the flag carries personal meaning. He said it honors his grandfather, who died in World War II and received the Navy Cross and Purple Heart.Collins, who lives nearby, said she received a similar notice. She said her flag has been outside her home for decades.
HOA cites common-area restrictions
The Ambiance Owners’ Association has argued that the flags are installed on common-area fascia or extend into common areas. That distinction is central to the dispute.
In HOA communities, common areas are generally controlled by the association. Separate property and exclusive-use areas are treated differently under California law.
The homeowners say the front-facing areas where the flags are mounted are tied to their homes. That argument could matter because California law provides homeowners with specific protections for certain flag displays on property they own or exclusively use.
2024 policy changed flag rules
The flag dispute reportedly followed an earlier issue involving a resident who wanted to display a San Diego Padres flag. The HOA later warned residents that allowing flags, signs, and banners on common property could lead to broader use of shared areas.
California law protects U.S. flags.
California law limits how HOAs can restrict American flag displays. The law says governing documents may not limit or prohibit a member’s display of the U.S. flag on or in the member’s separate interest or within an exclusive-use common area, except when necessary for public health or safety.
The statute defines a protected flag as a U.S. flag made of fabric, cloth, or paper and displayed from a staff or pole, or in a window. It does not cover flag images made from lights, paint, roofing, siding, paving materials, plants, balloons, or similar decorative materials.
The law also allows the winning party in an enforcement action to recover reasonable attorney’s fees and costs. That makes the dispute potentially risky if an HOA pushes enforcement beyond what the law allows.
Federal law also applies.
Federal law also protects homeowners who display the U.S. flag in many association-governed communities. The Freedom to Display the American Flag Act bars condominium associations, cooperative associations, and residential real estate management associations from enforcing rules that prevent residents from displaying the American flag on qualifying residential property.
The law still allows reasonable restrictions involving time, place, and manner. Associations may regulate safety, size, placement, and property protection when those limits are reasonable.
That means an HOA may be able to require a secure bracket or prevent a display that creates a hazard. But it may not be able to impose a broad rule that effectively bars a resident from displaying the flag where the law protects such display.
Experts question the HOA’s position.
David Loy, legal director for the First Amendment Coalition, said HOAs are private entities and are not subject to the First Amendment in the same way government agencies are. Still, he said associations do not have unlimited authority to ban signs or flags on private property.
July 4 timing adds pressure.
The timing has intensified the dispute. The hearing is scheduled days before Independence Day and during the year of America’s 250th anniversary. That timing does not decide the legal issue. The law turns on property rights, HOA authority, governing documents, and the reasonableness of restrictions.
Residents wait for the next decision.
The latest known step is the June 30 HOA hearing. The residents are expected to challenge the removal notices and argue that their flags are protected. If the HOA upholds the fines, Cooke and Collins have said they are prepared to continue fighting. They have also indicated they may challenge any penalty through legal channels.
The association has not announced a final decision. The flags remain up, the fines remain disputed, and the next move rests with the Ambiance Owners’ Association after the hearing.
