SAN MARCOS — Residents in a neighborhood in eastern San Marcos are refusing to back down after their homeowners association threatened a $100 fine if they did not remove the American flags hanging outside their homes, which the association claims violates regulations.
Resident Amy Cooke said she and her husband, Chris, have had their Stars and Stripes hanging outside her home in the Ambiance community on Matin Drive for over 20 years without issue. They fly it in honor of family members who have served in the military and to remember their ancestors from the American Revolution.
However, a couple of years ago, when a neighbor expressed interest in hanging up a San Diego Padres flag, Cooke said the Ambiance Owners Association — the neighborhood HOA — informed residents that no flags, signs or banners could be displayed on common property.
After two years of back-and-forth with the HOA, Cooke has still refused to take down her flag, claiming that the law allows her to display it. In June, Cooke received a notice from the HOA of a pending $100 fine for failing to take down her flag mount and flag.
“My flag has protections by the state and federal government,” Cooke said. “All they have to do is let me fly my flag like I have been for 20 years.”
Around the corner from the Cookes, resident Terri Collins has faced the same situation. Collins said she and her husband have flown their flag outside their home for over 30 years and were also surprised to see the HOA suddenly say that all flags were no longer allowed to be flown outside of homes. 
Collins has also been fined, but says she is not going to back down.
“I hang my flag to show my pride for my country. It’s kind of like a badge I can wear on the outside of my home. Just like any family, we’ve had people who served in the military on both sides of our family,” Collins said.
Following interviews with media outlets, Cooke’s and Collins’ stories have drawn national attention, especially in the lead-up to the recent Fourth of July holiday. Since then, Cooke said the HOA has decided to “table” the flag policy for 60 days.
Cooke has since retained an attorney and plans to sue the HOA if it does not cease its enforcement.
Michael Kushner, the attorney representing the Cookes, said the HOA has no basis to regulate American flags in this way, given existing laws governing the display of the flag and the locations where it is displayed.
Federal and state laws state that residential management associations, such as HOAs, cannot restrict the display of the American flag in areas where residents have exclusive use of a common area, unless required to protect public health and safety.
Kushner said the area where Cooke has attached her flag for display, alongside the garage door trim, constitutes an exclusive use of a common area.
“In no way can this HOA win this. They’re gonna back down,” Kushner said.
The HOA has not responded to The Coast News’ requests for comment. However, an HOA memo sent to residents and provided to The Coast News states that the rules do not regulate which flags can be displayed, but where they can be displayed.
The July 1 memo states that flags cannot be attached to the garage door trim and frames, as these are areas maintained by the HOA and are therefore common-use areas.
“The Association’s Flag Policy allows homeowners to display the American flag in locations permitted by law and the governing documents, including within their homes and within their exclusive use common areas when permitted. The policy does not prohibit the display of the American flag,” the HOA said.
The HOA also stated that making an exception only for the American flag while not allowing other flags could expose the association to legal challenges.
Since the situation drew more attention, Cooke noted that more residents in the neighborhood have put up their own American flags outside their garages, seemingly in solidarity.
