Breaking a tie vote in a small HOA

We have a small 10 home HOA in western Washington. We recently had an annual meeting and 3 board positions were up for re-election. Three
new people were nominated for the board and the existing board members were also on the ballot. Each position received a vote of 5 votes for
a person and 5 votes for the newly nominated person. How do you break the tie of 5-5?

3 persons that were on the board already were up for re-election. Three new people were running for those psoitions. Each of the 3 board members
got 5 votes. Each of the e new people nominated got 5 votes.

So, if the votes were all equal, as in 5-5 how do you determine a tie breaker?

Lynne,

When there is a tie vote, the issue dies. However, in the case of an election, there should be a run-off. In this case the election would have to be held again and hope there is not another tie vote. If there is, maybe all 6 candidates could draw straws! Seriously, in answer to your question, the only way to break a tie vote is to hold another election.

Karen,
I often wonder about the terminolgy "appoint" and "elect." Board Officers and Committee Members are volunteers. How can you nominate someone who isn't interested in volunteering in the first place? On our three-member Board out here in Walla Walla it is I, the President, and then the VP/Sec. and the Treasurer. We have one ARC with three members who volunteered, and that is it for the "governing" committees in this 41-household association. Our Treasurer is resigning as of January 2011. That leaves two. Notice went out for volunteers three times with no takers. If no one volunteers at the annual meeting in January then either I or the VP will have to be Treasurer, which our Bylaws permit us to do. We couldn't really "appoint" anyone, as in, "Hey Larry, you are now Treasurer." if Larry clearly hasn't volunteered. And we couldn't really have an election if there is no one to elect. I don't see how any HOA can have a one-person Board, holding all positions. So, your remaining officer would have to call a special meeting of the association and talk about the options of maintaining the association if no one volunteers, as in hiring a management company, or dissolution entirely. Neither is a desired alternative.

Mary,
Good to hear from you as always. Also, good to know that even with a management company there needs to be a Board. That would not solve the problem Karen of Washington is having with the one-officer Board. In our HOA the likelihood of anyone NOT being voted in for any position is slim. Also, most people SO DO NOT want to serve, that they would never dream of nominating or appointing anyone else who hadn't expressed any interest in the first, second or third pass of asking for volunteers. The way I got to be President was when the sitting President announced his resignation at the annual meeting and asked for volunteers. For literally 10 minutes no one said a word, until finally I couldn't stand it anymore and raised my hand and said I would do it. Of course, it was instantly unanimously approved, which spurred a volunteer for Vice-President, which was also open. Maybe that is what will happen again in January. It is also up to us officers to present it in such a way as to make it amenable.

Dorothy

Yikes! It sounds like a mediation is called for. Any homeowner is permitted to bring an action against a Board member, and mediation is always the preferred solution, other than a lawsuit for mismanagement. If tie-breaking is standard operating procedure, with the final decision creating an unfavorable situation, your association members are obligated to address this.

Dorothy