As communities across the country prepare to celebrate the 250th anniversary of the United States this week, a San Marcos homeowners association has found itself at the center of a growing controversy after threatening residents with fines for displaying American flags outside their homes. Two longtime residents of the Ambiance townhome community say they have no intention of taking down the Stars and Stripes despite receiving notices warning they could face $100 fines.
"I’m not taking my flag down," resident Terri Collins said.
The dispute involves the 112-unit Ambiance Homeowners Association in San Marcos, where residents Amy and Christopher Cooke, along with Collins, have been ordered to remove American flags that have allegedly flown outside their homes for decades.
According to notices received by the homeowners, the HOA contends the flags violate the association's flag policy because they are mounted on what it considers common area property. Amy Cooke's flag has flown from her garage door frame for more than 20 years, while Collins says her flag has been displayed outside her home for approximately 35 years.
The HOA reportedly adopted a new flag policy in 2024 after another resident sought permission to display a San Diego Padres flag. An internal memo reviewed by multiple news organizations quoted the association's attorney as warning that allowing flags on common property could encourage other residents to display flags, signs or banners expressing "political or affiliative" views, causing the common area to "degrade." The policy ultimately prohibited residential flag displays in those areas.
The decision has drawn criticism from homeowners, legal experts and national media outlets, particularly with Independence Day celebrations approaching.
"Having to defend our freedom to display the symbol of freedom is something I never thought I'd experience in America," Amy Cooke told ABC 10News.
Cooke and her husband display their flag in honor of Christopher Cooke's grandfather, Alexander Christie, a U.S. Navy sailor who was killed during the 1944 Battle of Leyte Gulf while attempting to rescue fellow sailors. Christie was posthumously awarded both the Navy Cross and Purple Heart.
"We've always been very proud of his legacy as a defender of our freedom," Christopher Cooke said.
Collins said her own flag represents decades of family tradition and military service.
"Forty-two years of my life, my husband and I hung a flag, and prior to that, my father hung a flag," Collins said. "It's just always been part of our family."
The homeowners argue the HOA's position conflicts with both federal and California law.
The Freedom to Display the American Flag Act of 2005 prohibits homeowners associations from adopting policies that prevent residents from displaying the American flag on residential property. California Civil Code Section 4705 similarly prohibits HOAs from banning the display of the American flag within a homeowner's separate interest or exclusive-use common area, while still allowing reasonable regulations concerning placement, size and safety.
According to documents reviewed by inewsource, the Ambiance HOA's own governing documents classify door frames, where Cooke's flag is mounted, as exclusive-use common areas.
"The law is crystal clear," HOA attorney Michael Kushner told inewsource. "I would tell these people to stand firm and under no circumstances should they remove that flag."
Douglas Kruschen, a homeowner advocate specializing in HOA disputes, agreed, telling the nonprofit newsroom that the association appears to be "trying to start a war with homeowners."
David Loy, legal director of the First Amendment Coalition, also told ABC 10News that while homeowners associations may impose reasonable restrictions on the manner in which flags are displayed, they generally cannot prohibit them outright on homeowners' property.
The controversy has also reportedly had a chilling effect within the neighborhood.
Cooke and Collins say several neighbors who had flown American flags for years have already taken them down after receiving warnings or seeing enforcement actions begin. They believe they are now the last two residents continuing to display Old Glory at the front of their homes.
"We have flags going up and down emotionally, which is really sad," Cooke told Fox News. "Just fly the flag. It shouldn't be an emotional decision."
The Cookes and Collins were scheduled to appear before the HOA board this week to contest the alleged violations. If fined, both homeowners say they intend to continue flying their flags and pursue legal action to challenge the penalties. The Cookes have also launched an online fundraiser to help cover potential legal expenses.
Despite repeated requests from multiple media outlets, including ABC 10News, inewsource and Fox News, the Ambiance Homeowners Association has not publicly commented on the dispute.
With Independence Day celebrations just days away, the outcome of the dispute could become an important test of how far California homeowners associations can go in regulating one of the nation's most recognizable symbols.
Originally published on June 30, 2026.
