Q: We live in a homeowner community where the board is planning to revise our documents without legal guidance. Could you address the dangers and consequences of this? They are not even planning to have the community vote on the changes. Our board needs a wake-up call concerning proper procedures. D.L., Lake Wales

A: The first question that needs to be asked is, why do they need to be modified? Is it because some members want to change members' rights or that they purchased in the community and do not like what they purchased? This is not a good idea. When you change or alter the documents, you are dealing with deed restrictions and a wrong word or phrase can seriously affect title transfer.

I know of a community that had altered their documents without legal guidance. The change prohibited title transfer, thus no units could be sold. It was a transcriber's error when part of a sentence was omitted. That omission resulted in major problems and required a new alteration to the documents.

Unless you have a major problem with the documents, I never recommend amendments. Your owners purchased their home with known deed restrictions and if you change the documents, you can, in effect, change their title as to what they purchased. Any change to the documents must be under an attorney's guidance and review.

Q: We are a maintenance-free adult homeowner community. After two years, the developer said the homeowners are responsible for the irrigation system. The documents say the association is responsible for maintenance. What does ``maintenance free'' mean?

G.R., Winter Haven

A: It is an oxymoron -- there is no such thing as free. It is a sales terminology that means the association will take care of certain maintenance, such as cutting the grass, for which you must pay a fee to the association and volunteer to serve. You are not getting your grass cut for free.

As a member of the association, you have certain duties. You should volunteer your time and services to other members; you should review the association's financial and operational records, attend meetings, and pay your share of the fees. You should have read your documents that define the association before you purchased. Now would be the time to check your closing records and to read your association documents. Find out what other duties you have to your association and what services you pay to receive.

Q: I am an elderly single lady living alone. Several people from the association entered my home when I was away. They only took personal papers but scattered other documents and items on the floor. Talking to neighbors, I know who entered into my home. What should I do and whom can I contact?

I.L., Orlando

A: While the board and the association have a right to enter for emergency situations to make repairs, they are not allowed to take any items, as you describe. In such a situation, call the police immediately. I would also check your credit reports to see if they are stealing your identification. Get a copy of the police report and notify the credit bureaus and your bank. Notify the board and ask that they take action to prevent future unauthorized entry. Normally the association is not responsible for any theft or unlawful entry. Call a locksmith and change your locks. I suggest that you look into installing an entry alarm system. Q: Is there anything in the state statutes or normally in association bylaws that prohibits the president from making a motion? We are being told by some members that Robert's Rules prohibit the president from making a motion. Even if that was true, my understanding is that Robert's Rules are only a guide to conducting a meeting.

R.E., Clearwater

A: You need to understand that your board members are elected by the members and they answer to the members. Motions and resolutions must be voted on by the directors, as they are responsible to the members. Directors elect the officers and the officers have duties to the directors. There is nothing in Robert's that covers this situation. In a board meeting, officers must assume the responsibilities as directors first and this requires that they make motions and vote.

Robert's is the most misunderstood guide as a directive in association board and member meetings. Not only can the president make motions and resolutions but the president should vote on such motions and resolutions. Robert's does not say that the president can only vote on ties. That is a simple misunderstanding of parliamentary rule. What you did not ask was if a chairperson is able to make motions and vote. It would depend on whether the chairperson was a director or not. Not all meetings are chaired by the president. A manager or an attorney could act as the chairperson and in that situation they would not make motions or vote. What matters is who the directors are and they should be able to make motions and resolutions and vote.

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