SAN MARCOS, Calif. (KGTV) — Some San Marcos residents are preparing for a battle with their HOA board just days before America’s 250th birthday after being threatened with $100 fines for having American flags displayed outside their townhouses.
“Having to defend our freedom to display the symbol of freedom is something I never thought I'd experience in America,” said Amy Cooke, who’s been instructed by the Ambiance Owners' Association to take down a flag displayed on her garage door frame.
She and her husband Chris display the flag to honor his grandfather, who died in World War II.
“He was awarded the Navy Cross and also the Purple Heart. We've always been very proud of his legacy as a defender of our freedom,” Chris said.
The Ambiance Owners' Association alleged in a hearing notice sent to the couple last week their flag violated HOA policy by being installed on the common area fascia.
“Flags, signs or banners within and on common areas and/or extending out and into common areas are prohibited,” the notice says.
The couple has been ordered to attend a hearing on June 30 and now face a pending $100 fine.
Around the corner, resident Terri Collins received the same notice for a flag she says has been outside her home for decades.
“We've lived here 35 years, it's been here 35 years,” Collins said.
Collins believes the Freedom to Display the American Flag Act of 2005 protects her right to keep the red, white and blue up.
“The flag is important to me because I'm proud of where I live. This is the United States of America. I'm very proud to live here.”
David Loy, legal director for the First Amendment Coalition, said that while California law permits HOAs to set reasonable limits on the size and placement of flags, they cannot prohibit them entirely on private property.
“The general rule is that HOAs, even if they’re still private entities and not subject to the First Amendment, they still don't have a blank check to say no signs, no flags whatsoever on your own private property,” Loy said.
In recent days, Collins said several of her neighbors have taken down their American flags, but she refuses to comply.
“I'm not gonna be bullied by them."
Collins now also faces a $100 fine and will appear before the HOA board hearing next week.
The Ambiance Owners' Association did not respond to requests for comment.
Investigative Reporter Austin Grabish can be reached at austin.grabish@10news.com
