SAN MARCOS, Calif., June 30 (Escondido Times) — An Escondido homeowners association has ordered residents to take down American flags or face fines, setting off a dispute with homeowners who say they will keep the flags up ahead of the nation’s 250th birthday.
HOA documents reviewed by Fox News Digital show the conflict has stretched back at least three years. In a May 2023 notice, the association said sports flags were prohibited and that the American flag was the only approved flag allowed on common property.
A later violation notice sent to Amy and Christopher Cooke said an American flag mounted outside their home violated the association’s flag policy and had to be removed within 15 days, according to the document. Another neighbor, Terri Collins, also received a notice over an American flag displayed outside her home.
A hearing notice reviewed by 10News said the HOA alleged the flag was installed on the common-area fascia and that flags, signs or banners extending into common areas were prohibited. The notice said the Cookes faced a pending $100 fine and were scheduled for a June 30 hearing.
Amy Cooke told Fox News Digital the dispute began after another resident tried to fly a San Diego Padres flag, prompting the association to revisit its rules. She said the HOA has not explained why her garage door frame is being treated as a common area rather than an 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 and safety of flag displays but does not allow an HOA to ban the American flag on private property. David Loy, legal director for the First Amendment Coalition, said HOAs may set reasonable limits on size and placement, but cannot prohibit flags entirely on private property.
