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shall maintain, repair and replace at the Condominium Association's expense all <br /> Common Elements in the Condominium Property. Provided, however, that if any <br /> of such repair or replacement shall be necessitated as a result of the negligence or <br /> misuse of the Common Elements by a Unit Owner, his invitees, employees, <br /> customers or patrons, such cost shall be assessed to such Unit Owner as a special <br /> assessment. All signs and signage located within the Common Elements shall be <br /> the responsibility of the Condominium Association and a Common Expense of <br /> the Unit Owners, provided the cost for maintenance of signs identifying a <br /> particular Unit shall be charged to that particular Unit. Notwithstanding the <br /> foregoing, if a Unit is leased, signs and signage shall be the responsibility of the <br /> lessee. <br /> (2) Surface or Stormwater Management System.The Developer has <br /> constructed a Surface or Stormwater Management System upon the site for the <br /> purpose of managing and containing the flow of excess surface water, if any, <br /> found upon the Condominium Property from time to time. The Association shall <br /> be responsible for the maintenance, operation and repair of the Stormwater <br /> Management System on the site. Maintenance, operation and repair shall mean <br /> the exercise of practices, such as mowing and erosion repair, which allow the <br /> Surface or Stormwater Management System to provide drainage, water storage, <br /> conveyance or other surface or stormwater management capabilities as permitted <br /> by the South Florida Water Management District. Filling, excavation, <br /> construction of fences or other wise obstructing the surface water flow <br /> Stormwater Management System is prohibited. No alteration of the Surface or <br /> Stormwater Management System shall be authorized and any damage to the <br /> Surface or Stormwater Management System, whether cause by natural or human- <br /> induced phenomena, shall be repaired and the Surface or Stormwater <br /> Management System returned to its former condition as soon as possible by the <br /> Association. <br /> 12. USE RESTRICTIONS: The use of the Condominium Property shall be in accordance <br /> with the following provisions so long as the Condominium exists: <br /> A. Owners and Units Subject to Declaration. All Owners, tenants and <br /> occupants of Units and their employees, patrons, invitees and any other person who use <br /> the facilities of the Condominium Property in any manner shall be subject to the <br /> provisions of this Declaration, the Articles and By-Laws as they may be amended from <br /> time to time, including all restrictions, covenants, agreements, dedications and easements <br /> of record. The acceptance of a Condominium Unit conveyance by any Owner or the <br /> entering into occupancy of a Unit by an Owner, tenant or occupant shall constitute <br /> agreement that the provisions of this Declaration and the By-Laws as they may be <br /> amended from time to time, including all restrictions, covenants, agreements, dedications <br /> and easements of record are accepted and ratified by such Owner, tenant or occupant. <br /> The restrictions and burdens imposed by the provisions of this Declaration and the <br /> Exhibits annexed hereto, are intended to and shall constitute an equitable servitude upon <br /> each Unit and its appurtenant undivided interests in the Common Elements, binding upon <br /> 17 <br />