SAN MARCOS, Calif., June 30 (Escondido Times) — An Escondido homeowners association has ordered residents to remove American flags mounted outside their homes and is threatening fines, setting up a dispute over how far HOAs can go in regulating patriotic displays on private property.
Amy and Christopher Cooke received a violation notice in May telling them to remove a flag mount within 15 days or face enforcement action, according to HOA documents reviewed by Fox News Digital. The notice said the flag violated the association’s policy because it was mounted on common-area fascia, and neighbor Terri Collins also received a notice over an American flag outside her home.
The dispute has lasted at least three years, according to HOA documents reviewed by Fox News Digital. A May 2023 notice told one homeowner that sports flags were prohibited and that the American flag was the only approved flag to be hung on and within common property.
The association’s 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.” The notice ordered the Cookes to a June 30 hearing and said they faced a pending $100 fine.
Amy Cooke said the conflict began after another resident tried to fly a San Diego Padres flag. She said the association has not explained why her garage door frame is being treated as common area rather than exclusive-use common area under the governing documents.
Courtney Corbello of the Center for American Liberty said California law allows reasonable rules on the manner, placement or safety of flag displays but bars HOAs from prohibiting homeowners from flying the American flag on their own property. David Loy, legal director for the First Amendment Coalition, said HOAs can set limits on the size and placement of flags but cannot ban them entirely on private property.
