HOA threatens American flag-flying homeowners as they fight for Old Glory
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As Americans prepare to celebrate the nation's 250th birthday, homeowners in an upscale Southern California community say they're being threatened with fines for flying Old Glory.
Residents in San Marcos, whose townhome community is governed by the Ambiance Owners Association, are refusing to remove American flags displayed outside their homes despite notices from the homeowners' association.
Real estate websites show townhomes in the community are valued at just under $1 million.
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Documents reviewed by Fox News Digital show the dispute dates back at least three years. In May 2023, the HOA notified one homeowner that sports flags were prohibited while stating that "the American flag is the only approved flag to be hung on and within common property."
By May 2026, however, the HOA issued Amy and Christopher Cooke a violation notice alleging the American flag mounted outside their home violated the association's flag policy and directing them to remove the flag mount within 15 days or face enforcement action.
Neighbor Terri Collins also received a violation notice over the American flag displayed outside her home and said she's prepared to fight the HOA alongside the Cookes.
"The journey has been long and hard, and we are ready to put an end to it once and for all," Collins told Fox News Digital.
Amy Cooke told Fox News Digital the controversy began after another resident attempted to fly a San Diego Padres flag, prompting the HOA to revisit its flag rules.
"Both American flags had been flying around here for decades without issue," Cooke said. "The fact is it's about the American flag, distinctly."
Cooke said she laughed when she first received notice that the HOA considered her American flag to be in violation.
Christopher and Amy Cooke are battling their homeowners' association to fly their American flag outside their home in San Marcos, California. (John Putman)
"My first reaction was, 'No,'" she said. "'Wait a minute, this isn't legal.'"
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According to Cooke, the flag has flown from her garage door frame for more than 20 years in honor of her husband's grandfather, who was killed in World War II while rescuing fellow sailors. He was posthumously awarded the Navy Cross and Purple Heart.
Cooke contends the HOA has repeatedly failed to explain why it considers her garage door frame to be a common area rather than an exclusive-use common area under the association's governing documents.
In a June 19 letter to the HOA obtained by Fox News Digital, the Cookes requested board meeting minutes adopting the flag policy, records supporting the HOA's interpretation of the property's common areas and the authority it relied upon in issuing the violation. They also asked that their disciplinary hearing be postponed until those records were produced, writing that the same questions "remain unanswered."
Cooke said she and her husband have spent nearly two years researching federal and California law, gathering HOA records, corresponding with the HOA and preparing for what they believe could become a lengthy legal battle.
The couple has since launched an online fundraiser to help cover attorney fees, court costs and other legal expenses if the dispute heads to court.
"This isn't about refusing to follow reasonable rules," Cooke wrote on the fundraising page. "We believe this is about preserving the right to display the American flag in our own community and ensuring that HOA rules are enforced fairly and consistently."
Cooke said any money remaining after legal expenses would be donated to patriotic organizations or causes supporting Gold Star military families.
The homeowners' fight has also attracted attention from legal advocates.
"California law is clear. While homeowners associations may adopt reasonable rules governing the manner, placement, or safety of flag displays, they cannot prohibit homeowners from flying the American flag on their own property," Courtney Corbello, counsel at the Center for American Liberty, told Fox News Digital.
"No homeowner should be threatened with fines for respectfully displaying the flag of the country they love, especially on the eve of America's 250th birthday. A blanket policy that sweeps in longstanding flag displays and punishes residents instead of pursuing reasonable solutions is likely to face serious legal scrutiny. HOAs cannot bully homeowners into taking down the Stars and Stripes."
The controversy has also reached the political arena.
"What is wrong with these people? We are just about to celebrate the 250th birthday of our country," California gubernatorial candidate Steve Hilton told the California Post.
"One of the most beautiful and magnificent things about America is the way we show our love of our country together all the time. ... And now these tin-pot bureaucrats at some ridiculous HOA want to trample on our flag and stifle national pride at this of all moments? What a bunch of anti-American losers."
Hilton urged residents to ignore the HOA's demands and respond by displaying even more American flags in celebration of America's 250th birthday.
Cooke said the dispute has already had a ripple effect throughout the neighborhood.
"We have flags going up and down emotionally, which is really sad," she said. "Just fly the flag. It shouldn't be an emotional decision."
She said she hopes the case encourages other homeowners not to be intimidated by their HOAs.
"Stand up for what you believe in. Show some pride in your country and appreciate what America gives you," Cooke said.
Fox News Digital has reached out to the Ambiance Owners Association and the San Marcos mayor's office for comment.