SAN MARCOS, Calif., June 30 (Escondido Times) — A homeowners association governing a townhome community in Escondido has ordered residents to remove American flags from outside their homes and threatened $100 fines, setting up a fight as homeowners say they will keep Old Glory flying ahead of America’s 250th birthday.
HOA notices reviewed by reporters said the Ambiance Owners Association told Amy and Christopher Cooke to remove a flag mount within 15 days or face enforcement action. 10News reported the board also set a June 30 hearing and said the Cookes faced a pending $100 fine.
The association said the flag violated its policy because it was mounted on common-area fascia. The hearing notice quoted by 10News said, “Flags, signs or banners within and on common areas and/or extending out and into common areas are prohibited.”
Amy Cooke said the dispute began after another resident tried to fly a San Diego Padres flag, prompting the board to revisit its rules. She said the HOA has not explained why her garage door frame should be treated as a common area rather than an exclusive-use common area under the governing documents.
A neighbor, Terri Collins, also received a violation notice over an American flag outside her home. She said she would not take it down.
“I’m not taking my flag down. They can fine me, $100, $200, $1,000, I’m not paying it,” Collins said.
Courtney Corbello, a lawyer with the Center for American Liberty, said California law allows associations to set reasonable rules on the manner, placement or safety of flag displays but not prohibit homeowners from flying the American flag on their own property. David Loy, legal director for the First Amendment Coalition, said HOAs may set reasonable limits on size and placement, but cannot ban flags entirely on private property.
The notices reviewed in the reporting did not show whether the board ultimately upheld the fine or whether the homeowners removed the flags after the hearing date.
