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<br />4810-5342-0509, v. 2
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<br />2.14 Displaying the U.S. Flag. The Board shall comply with California Civil Code Section 4705,
<br />by allowing an Owner to display the flag of the United States, as defined by California Government Code
<br />Section 434.5(b) within such Owner’s Unit or Exclusive Use Easement Area, in a location reasonably
<br />approved by the Board. For purposes of this Section, “Displaying the flag of the United States” means a
<br />flag of the United States made of fabric, cloth or paper displayed from a staff or pole or in a window and
<br />does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding,
<br />paving materials, flora, balloons or any other similar building, landscaping or decorative component.
<br />2.15 Drainage. Declarant may have installed one or more below-ground drain lines, surface
<br />Improvements such as area drains, earthen or concrete drainage swales or catch basins (each, a
<br />“Drainage Improvement”) in or on the Exclusive Use Easement Area and/or Association Property.
<br />Drainage Improvements are intended to collect and transport surface waters from each Exclusive Use
<br />Easement Area and from elsewhere in the Property to proper points of disposal. No Person may block or
<br />interfere with the proper function or maintenance of the Drainage Improvements within the Community.
<br />2.15.1 Established Drainage. There shall be no interference with or obstruction of
<br />the established surface drainage pattern(s) over any Exclusive Use Easement Area or in the Property,
<br />unless an adequate alternative provision is made for proper drainage, consistent with all Applicable Laws.
<br />For the purpose hereof, “established” drainage is defined as the drainage which exists at the time of the
<br />first conveyance to a First Owner, or as shown on any plan approved by the Board. Established drainage
<br />includes drainage from and to a Exclusive Use Easement Area and/or Association Property and to and from
<br />property lying outside or within the Property.
<br />2.15.2 Maintenance of Drainage Improvements. Each Owner must maintain, and
<br />keep free of debris and obstructions, all Drainage Improvements located on or under the Owner’s Exclusive
<br />Use Easement Area. To ensure adequate drainage within the Property, it is essential that the Drainage
<br />Improvements not be modified, removed or blocked without having first made alternative drainage
<br />arrangements. Therefore, no Owner may install, alter, modify, remove or replace any Drainage
<br />Improvements without first making alternative drainage arrangements approved in writing by the Board and
<br />by all applicable Governmental Entities.
<br />2.15.3 Indemnity. Any Owner and the Association who violates the restrictions in
<br />this Declaration relating to drainage shall indemnify, protect, defend and hold each other Owner and
<br />Declarant free and harmless from any and all liabilities, actions, penalties and damages arising from or
<br />attributable to any such violation.
<br />2.16 Storm Water Pollution and Best Management Practices. Each Owner and the
<br />Association acknowledge that water that enters a storm drain flows to waterways, creeks, streams, rivers,
<br />lakes and/or oceans. Accordingly, the National Pollutant Discharge Elimination System, the Federal Clean
<br />Water Act, and the policies and ordinances of the City prohibit discharging anything other than natural rain
<br />water into storm drainage systems, including gutters and streets which drain into storm drains. Toxic
<br />chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint
<br />thinners, wood preservatives, fertilizers, lawn clippings, yard waste, detergents, pet waste, paints and other
<br />such materials and pollutants shall not be discharged into any street, public or private, gutters, or into storm
<br />drains or storm water conveyance systems. The disposal of such pollutants and materials into a storm
<br />drain system may result in significant penalties and fines and Owners and the Association may be
<br />responsible for any activities by their respective contractors (e.g., painters, etc.) who dispose of such
<br />pollutants within the Community into a storm drain system. Use and disposal of pesticides, fungicides,
<br />herbicides, insecticides, fertilizers, and other such chemicals shall meet all requirements of Governmental
<br />Entities.
<br />2.16.1 Best Management Practices. To comply with the requirements of
<br />Governmental Entities and the Storm Water Agreement in connection with the storm water pollution
<br />prevention Best Management Practices, each Owner and the Association agree that they will, at all times,
<br />maintain all Improvements located within a Unit, or in the case of the Association, within the Association
<br />Property, in a clean, safe and attractive condition, free and clear of any and all debris and in accordance
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