KW3,
Perhaps this will help:
Roberts Rules Online - Article VIII Vote Scroll down to the 7th paragraph and you will find this:
"On a tie vote the motion is lost, and the chair, if a member of the assembly, may vote to make it a tie unless the vote is by ballot. The chair cannot, however, vote twice, first to make a tie and then give the casting vote."
Or this link:
Davis Sterling dot com site Scroll down to Voting, and clicking deadlocked board will get you this [emphasis added]:
"If an association has an even number of directors who are equally divided and cannot agree as to the management of the association's affairs, any director or members holding not less than 33 1/3 percent of the voting power
may bring an action to have the court appoint a provisional director to break the deadlock. Corp. Code §7225
A provisional director has all the rights and powers of a director until the deadlock in the board is broken or until the provisional director is removed by order of the court or by approval of a majority of all members."
The word "may" means that this is an option and not a requirement.
Using the davis-sterling.com link again, scroll down and click on "tie vote" and you will get this:
"Tie Vote by Board Members
QUESTION: If a board vote results in a tie because the president abstains from a vote, can the president at a later date cast her vote and break the tie?
ANSWER: The president cannot, after the vote was taken and the meeting adjourned, cast a vote to break the tie. The motion failed when the board deadlocked 2-2. However, under limited circumstances, the matter may be brought up for reconsideration. At that point, the president can cast her vote."
All of this was quickly discovered using Google searches.
Hope it helps,
Tim
