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LindaX (California)
Posts: 11
Posted:
I am in California. Is board election is a cumulative voting? We have 3 position in board of directors. If the vote results end with 2 of nomination wins, remaining candidate has same votes. What is next step? Our CC&R does not have detail direction regarding to this case.

Here is one example, if A,B,C,D,E are all candidate, 9 members in vote.
If A has 6 votes, B have 6 votes, C,D,E are all have 5 votes. They are all above 51%. What is the next step cumulative vote system support ?

Is A and B are consider the winner and vote re-open for C,D,E to pickup the highest votes?

Is there any reference I can read?

Thanks

Linda
LindaX (California)
Posts: 11
Posted:
I read again CC&R, the vote is cumulative voting.

Still have question, if winner has same counts, what is the next step as I describe before? Was A and B consider a winner first, then revote for the canadidate hold the same counts? or revote again?

Is any one can help me?
MaryB19 (Florida)
Posts: 25
Posted:
I would say it is up to the members, you could ask the remaining candidate's
would a they consider a drawing? since its not stated it is up to the members.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Linda:

If A & B win and there is a tie between C,D, & E. Then A & B would fill the first two positions and a vote done again to break the tie betwee C, D, & E. Chances of this happening are slim, as usually there will be 3 top winners even if it is by one vote.

A cumulative voting election elects the top vote-getters, just as with a simple plurality election.
RichardP13 (California)
Posts: 1,767
Posted:
In your Bylaws there may be a provision that allows for cumulative voting. This is where units are allowed to put all their votes toward one individual or divide them accordingly. So if you had 5 people running for three position, a unit owner could cast all their votes for one candidate, cast one vote for three candidate, or maybe two votes for one and one for another. Cumulative voting was put into the Bylaws to keep the develop in control of a Board while they were building the community.
AnnD2 (Connecticut)
Posts: 76
Posted:
Check out Robert's Rules of Order at www.rulesonline.com Most states require their HOA's to follow these procedures when the state law and the individual bylaws don't address a matter covered by this authority.

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