SAN MARCOS, Calif., June 30 (Escondido Times) — An Escondido homeowners association has ordered residents to remove American flags mounted outside their homes and threatened fines, setting up a dispute over how far an HOA can go in regulating Old Glory on private property.
The Ambiance Owners Association sent violation notices to Amy and Christopher Cooke saying an American flag mounted outside their home violated the community’s flag policy and must be removed within 15 days or face enforcement action, according to HOA records and the homeowners. A neighbor, Terri Collins, also received a notice over an American flag displayed outside her home.
A hearing notice said the association considered the flags a problem because they were installed on the common-area fascia and that “flags, signs or banners within and on common areas and/or extending out and into common areas are prohibited.” The notice also said the Cookes faced a pending $100 fine and were ordered to attend a hearing on June 30.
Amy Cooke said the dispute began after another resident tried to fly a San Diego Padres flag, prompting the HOA to revisit its flag rules. “Having to defend our freedom to display the symbol of freedom is something I never thought I’d experience in America,” she said.
Legal observers quoted in the reporting said HOAs may set reasonable limits on the size, placement and safety of flag displays, but cannot ban homeowners from flying the American flag on their own property. Court records or HOA filings reviewed in the reporting did not show whether any fines had been upheld, paid or appealed.
