California HOA threatens fines for flying the U.S. flag. Some residents are fighting back - BERITAJA

Amy Cooke and her hubby person been proudly flying the U.S. emblem extracurricular their San Marcos condominium for much than 20 years.

But now their homeowners relation is threatening them pinch a $100 fine, arguing the show of Old Glory flies successful the look of organization rules.

Cooke has made it clear that the emblem isn’t coming down without a fight.

“It’s a awesome of freedom,” she said successful an question and reply pinch The Times. “What does it opportunity to group who are risking their lives for our state ... that we can’t alert this flag? It makes maine very angry.”

The conflict betwixt residents successful the analyzable and the Ambiance Owners Assn. began successful 2024, aft the HOA passed a argumentation prohibiting immoderate flags, signs aliases banners from being displayed successful communal areas.

At the time, neighbors for illustration Cooke thought the argumentation was meant to deter flags showing support for sports teams aliases espousing governmental views. Cooke said she assumed the American emblem would beryllium excluded, fixed that flying the banner is protected nether authorities and national law.

But not agelong aft the argumentation was enacted, neighbors successful the San Diego County organization started getting letters about their Stars and Stripes.

Resident Terri Collins has already been fined $100 — a punishment she’s refused to salary — for flying the U.S. emblem extracurricular her condo.

The red, achromatic and bluish banner has been connected show extracurricular each location Collins has ever lived in, moreover the flat she and her husband, Dave, occupied soon aft they were married.

“Dave and I grew up successful homes wherever it was very patriotic,” she said. “It’s ever been our tradition. We’ve ever stuck a emblem retired successful beforehand of our location and it will ever beryllium that way. These group aren’t going to bully me.”

The Ambiance Owners Assn. did not respond to a telephone telephone seeking remark from The Times connected Wednesday.

In a memo circulated to residents successful October 2024, the association’s committee of board said banning flags successful communal areas was successful the champion liking of everyone successful the community.

“Once the members let usage of communal spot by an proprietor to definitive what is fundamentally a governmental aliases affiliative position successful a flag, sign, aliases banner, different owners will want to do the aforesaid and the communal area will degrade,” the missive states, quoting the association’s attorney.

The argumentation states that flags successful communal areas aliases extending into communal areas are prohibited. The rules besides authorities that only 1 flag, motion aliases banner whitethorn beryllium flown per family successful exclusive usage communal areas — which are reserved for the backstage usage of circumstantial homeowners but owned by the full relation — and that flags are to beryllium a maximum of 4 feet by 5 feet successful size.

State and national rule does protect people’s correct to alert American flags connected their backstage property.

In 2005, Congress passed the Freedom to Display the American Flag Act, which ensures HOAs aliases akin groups can’t prohibit residents from displaying the U.S. emblem connected their property. The rule does springiness HOAs immoderate leeway to find really the emblem is displayed.

Similarly, California rule states that “except arsenic required for the protection of the nationalist wellness aliases safety,” nary statement shall limit aliases prohibition the show of the emblem wrong an exclusive usage communal area.

In Cooke’s case, the HOA based on successful a June missive that the emblem equine connected the couple’s car shed doorway framework is installed connected “HOA communal area fascia.”

David Keating, the president of the nonprofit Institute for Free Speech, said the HOA’s mentation of communal area is simply a agelong and apt to beryllium challenged if the business is taken to court. A GoFundMe launched by Cooke for ineligible fees related to the conflict had raised much than $2,700 arsenic of Wednesday afternoon.

“They’re really opening themselves up to about apt a successful suit against attempts to enforce this, not to mention nationalist ridicule connected the eve of the nation’s 250th birthday,” Keating said.