San Marcos HOA fines homeowners for displaying U.S. flags

Residents of a San Marcos, California, townhome community are facing fines and a legal battle with their homeowners association for displaying American flags outside their homes, a dispute that has escalated just before the nation's 250th Independence Day. Several homeowners in the Ambiance community have received violation notices from the Ambiance Homeowners Association, demanding they remove their flags or face a $100 fine.

The HOA contends that flags mounted on garage door frames or exterior fascias are placed in common areas, violating community rules. The association adopted a policy in 2024 banning residential flag displays. Homeowners Amy and Chris Cooke, along with neighbor Terri Collins, have refused to comply. Amy Cooke stated the flag has flown from her garage for more than 20 years, while Collins said her flag has been displayed for her entire 35-year residency.

The homeowners argue the HOA's actions violate both federal and state law. The Freedom to Display the American Flag Act of 2005 prohibits condo and homeowners associations from restricting members from flying the U.S. flag on their property. California's Civil Code 4705 similarly protects flag display on a...