A patriotic tradition and a homeowners association's rulebook have collided in San Marcos, just in time for the Fourth of July.

The dispute

The Ambiance Owners' Association, which governs a 112-unit townhome development in San Marcos, sent violation notices to at least two residents in May, ordering them to remove American flags from their homes or face $100 fines, the nonprofit outlet inewsource reported. One resident, Amy Cooke, has flown a flag for more than two decades in honor of her husband's grandfather, a decorated World War II Navy veteran; a neighbor said she has displayed one for 35 years. Both were summoned to a June 30 board hearing. "I'm not taking it down," the neighbor said, according to 10News.

The HOA's argument

The association adopted a policy in 2024 barring flags and banners on or extending into common areas, and its notice said the residents' flags were mounted on the building's common-area fascia. In a memo cited by inewsource, the HOA's attorney argued that once owners are allowed to mount personal displays on shared property, "the common area will degrade." The association did not respond to media requests for comment.

What the law says

Residents and legal advocates counter that a flat ban runs against the law. The federal Freedom to Display the American Flag Act of 2005 bars homeowner and condo associations from prohibiting members from flying the U.S. flag on property they own or exclusively control, according to Congress, though it allows "reasonable" limits on size or placement. California's Civil Code goes further, barring HOAs from restricting flag display in a member's separate interest or exclusive-use area. David Loy, legal director of the First Amendment Coalition, told local media that an association can regulate a flag's size and placement but cannot ban it outright on private or exclusively used space.

The unresolved question

The case turns on a narrow point: whether the building fascia where the flags are mounted counts as "common area," which would give the HOA more control, or as space the residents exclusively use, which the law protects. That distinction may ultimately be settled in negotiation or court. For now, with the holiday approaching, the flags remain up on Knob Hill Road — and the residents say they intend to keep them there.