A California community is fighting for what seems like a given right in the United States — to hang an American flag from their homes.
People living in the San Marcos townhome community said they’re being threatened with fines by their homeowners’ association for flying the flag, according to Fox News.
Homeowners say the Ambiance Owners Association is posting notices on homes about the violation.
The HOA sent one homeowner a violation notice alleging the American flag mounted outside their home violated policy. The homeowners were told to remove the flag within 15 days, according to Fox.
The association argued that the flag flying from the homeowner’s garage was in a common area, which violates the association’s governing documents.
The homeowner, Amy Cooke, said the association has failed to explain how her garage is considered a common area and not an exclusive-use area.
Cooke told Fox that the flag has flown from her garage for more than 20 years. She said when she first received the notice, she laughed and thought, “Wait a minute, this isn’t legal.”
The Freedom to Display the American Flag Act of 2005 states that condo associations, cooperative associations, or residential real estate management associations cannot restrict members from flying the U.S. flag on their property.
California’s parallel Civil Code § 4705 says “no governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by a member on or in the member’s separate interest or within the member’s exclusive use common area.”
Cooke said they aren’t giving up. She encouraged other neighbors to stand with her and not be bullied by the HOA.
Cooke and her husband are prepared to fight a lengthy legal battle to have their flags permitted. They even launched an online fundraiser to help cover fees.
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“We have flags going up and down emotionally, which is really sad,” Cooke told Fox. “Just fly the flag. It shouldn’t be an emotional decision.”
“Stand up for what you believe in,” Cooke said. “Show some pride in your country and appreciate what America gives you.”