Homeowner Faces $100 Fine for Flying American Flag in California HOA

One California neighborhood says it’s fighting for patriotism after its homeowners association banned residents from flying the American flag.

Amy Cooke, a resident of this San Marcos, California, community, was told she would be fined $100 if she did not remove the flag she has displayed outside her home for the last 20 years.

“I’m not going to stop,” Cooke said in an interview with Inewsource. “It’s clear that I have the right to fly the American flag.”

According to homeowners, the dispute began after some residents started displaying sports team flags, something the HOA did not want.

They say the HOA responded by adopting a 2024 policy prohibiting all flags from being displayed, including the American flag. 

While the HOA says residents are free to fly the American flag, it argues that residents cannot fly them from areas it considers common property, including the garage where Cooke has displayed hers for the past 20 years. 

The legal debate centers around what qualifies as an “exclusive use common area”—areas like balconies, patios, parking spaces, and exterior doors that are designated for one homeowner’s use but are still considered common property under HOA rules. 

In an article written by association lawyer Kelly G. Richardson, he details this nuance. 

“Many condominiums are bought with the mistaken belief that the exclusive use area, such as perhaps 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. Therefore, associations often have rules regarding use of particular exclusive use areas, such as balconies or patios.”

Homeowners argue that regardless of where the flag is mounted, the HOA’s policy conflicts with federal and California protections for displaying the American flag. 

The federal 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 the time, place, or manner in which it is displayed.

The HOA board has not released a statement or responded to the Daily Signal’s request for comment by the time of publication.