Board tied after important vote. Now what?

Started by JenniferM9 • 10 replies • 3841 views

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JenniferM9 (California)
Posts: 42

Posted:

Our HOA has always had an even number of board members, six. For the first time in 30 years (according to an original owner), the board is evenly split on a fairly important decision, at least to us.

Our by-laws have no provisions for a tie vote, so our president suggested we open the vote up to the residents. We only have 10 units, so it's not that big of a deal, but the question at hand is what color of paint to use when we repaint our units.

I searched Davis-Stirling and didn't really find anything helpful. Is this one of those situations where the board has to meet again until a decision is made? Opening the vote up to the residents doesn't seem right. Of course with an even number of units assuming everyone votes, there is still potential for a tie. : /

Thank you!

~Jennifer

TimB4 (Tennessee)
Posts: 21,062

Posted:

In the event of a tie vote on any motion by the board, the motion fails to pass.

The board may either:

1) let the motion fail and move on
2) let the motion fail and revisit it later
3) Make a motion to bring the issue to the membership for a vote

In the event of a tie vote on a proposal before the membership, the proposal fails and the Board has the following options:

1) let the proposal fail and move on
2) let the proposal fail and revisit it later

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I say shoot one of the members to get the "odd" vote of 5...Just kidding!!! It does sound like a good idea for the rest of the members to have a say in this decision. Hopefully, the board has just narrowed down the color of paint, type, and contractor to apply it. I think giving the residents a top 3 choice to vote on would be equitable to all. Not everyone is going to be happy but atleast they won't have a reason to blame the board for the decision. It was everyone's feedback involved.

Just make sure to be applying the paint in optimum weather conditions. Decide to brush, spray, or roll-on the paint. Make sure to get long lasting quality paint. 20 year paint may mean 15 years. May bring in an paint expert to the meeting if they are willing to consult on the best choices be it color or quality. Sherwin Williams may be a good source.

Lots of details go into painting so make sure to have on hand the best information for informed decisions...

Former HOA President

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By JenniferM9 on 09/25/2012 10:01 AM
Our HOA has always had an even number of board members, six. For the first time in 30 years (according to an original owner), the board is evenly split on a fairly important decision, at least to us.

This is why I believe the bylaws of most HOAs specify an odd number of board members.

Acceptable parliamentary procedure requires a majority to pass. A tie is not a majority and so the motion fails. The motion can be made again at a future meeting. Perhaps someone will change their mind before then.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Isn't the motion "dead" for the term of that particular board of directors' term unless a person who voted "NO" moves to re-consider the motion and re-vote on it? Otherwise, you can keep bringing up the same defeated motion, meeting after meeting.

I cover a state legislature as a reporter and a reconsideration of a motion requires a person who voted on the "prevailing side" to request it, but the reconsideration vote requires a majority to bring the defeated motion back. The rule makes sense.

Once a new term begins after the annual meeting, the motion becomes 'new' again.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Jennifer,

The suggestion that the owners vote on the color is a good one.

Considering that you have only ten units, there is little reason to turn this into big deal. You announce a member's meeting and take a vote on the color at the meeting. Keep your fingers crossed that you do not have another tie vote.

You may want to use the opportunity to reduce the number of directors to an odd number, like three.

EricH8 (Virginia)
Posts: 116

Posted:

Let all the residents vote who care to vote. There is a wide spectrum of colors to choose from. Get a wide variety of colors from the paint store to choose from. Each voter gets 10 weighted votes ranging from 1 to 10, 10 being most favorite. The paint color with the highest vote total wins. So for example if every resident gave their 10-point vote to the same color, that color would score 100 points. If there is still a tie, eliminate all but the 10 highest scoring colors and have a runoff election. Still a tie? Negotiate and vote again.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By KellyM3 on 09/25/2012 6:41 PM
Isn't the motion "dead" for the term of that particular board of directors' term unless a person who voted "NO" moves to re-consider the motion and re-vote on it?

Not necessarily. You're confusing legislative rules with Roberts Rules. I believe there are only one or two states that use Roberts Rules. Most states, I believe, use Mason's Manual of Legislative Procedure.

The rules usually prohibit raising the same motion again during the present session. For most legislatures, the "regular" session begins shortly after the beginning of the year and ends some months later. Daily meetings are not adjourned, they are recessed until the next meeting.

For deliberative societies that use Roberts Rules (whether formally or not) a session begins when a meeting is called to order and ends when the meeting is adjourned. Thus, a session normally is only one meeting. The next meeting is a different session. The rules prohibit the same motion being made during the same session (meeting), but the motion may be made again at the next session (meeting).

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By LarryB13 on 09/25/2012 8:03 PM
Jennifer,

The suggestion that the owners vote on the color is a good one.

Considering that you have only ten units, there is little reason to turn this into big deal. You announce a member's meeting and take a vote on the color at the meeting. Keep your fingers crossed that you do not have another tie vote.

You may want to use the opportunity to reduce the number of directors to an odd number, like three.

I agree with Larry, especially get the BOD to 3.

With only a 10 member association then it should be easy enough to get the opinion of the owners for any changes, especially asthetic ones.

ChrisP5 (Missouri)
Posts: 165

Posted:

Slightly off topic but I am impressed that you manage to find 6 of 10 members willing to serve. Most boards would love to have that level of interest. We have a hard enough time finding 7 out of over 200 members.

CarolR11 (Colorado)
Posts: 2,563

Posted:

WE have the same problem as ChrisP-- over 200 units and trouble getting 7. Still in such a small HOA, 3 would be just right.

Per Tim, the Board should make a motion to let each unit cast a vote. I like Eric's voting process idea. We did that in my previous life--committee of the whole = 14. The votes were on selecting new members. We typically had three finalists and could only select one

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