SAN MARCOS, Calif., June 30 (Escondido Times) — An Escondido homeowners association has ordered residents to remove American flags mounted outside their homes, warned of fines and set a hearing over whether the displays violate community rules, according to HOA notices and homeowners involved in the dispute.
Amy and Christopher Cooke received a violation notice saying an American flag mounted outside their home broke the association’s flag policy and directing them to remove the flag mount within 15 days or face enforcement action, according to the notice. A neighboring homeowner, Terri Collins, also received a notice over a flag display.
An earlier HOA notice from May 2023 said sports flags were prohibited and that “the American flag is the only approved flag to be hung on and within common property.” Another hearing notice said flags, signs or banners in or extending into common areas are prohibited and alleged the Cookes’ flag was mounted on common-area fascia.
The hearing notice set a June 30 board appearance and said the couple faced a pending $100 fine, according to the document.
Amy Cooke said the dispute began after another resident tried to fly a San Diego Padres flag, prompting the board to revisit its flag rules. She has also questioned why the garage door frame is treated as a common area rather than an exclusive-use common area under the governing documents.
Courtney Corbello, an attorney with the Center for American Liberty, said California law allows homeowners associations to set reasonable rules on how flags are displayed but does not allow them to prohibit homeowners from flying the American flag on their own property. David Loy, legal director of the First Amendment Coalition, said HOAs may limit the size and placement of flags but cannot ban them entirely on private property.
HOA documents reviewed by Fox News Digital show the dispute has been going on for at least three years.
