A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

voting tie

Started by DianaE • 14 replies • 1525 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DianaE (Colorado)
Posts: 40
Posted:
I know there must be an easy answer to this : our HOA has 34 units = 34 votes. There has never been an annual meeting where everyone showed up to vote, but this may be the year.What happens if a vote results in a tie? Who casts the deciding vote, since the three BODs were also unit owners and already voted. I cannot find this addressed in our documents.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am confused on what your voting on? Is it election of BOD members or is it a new rule? That needs more definition as there are majority membership votes and then there are board votes. Since the BOD represent the whole of the membership, their vote usually involves daily matters of operation. Votes of the membership usually cover things like elections and rule changes. So it needs better definition on what the voting is for.
Former HOA President
TimB4 (Tennessee)
Posts: 21,062
Posted:
Nobody casts a deciding vote.

If you need a simple majority to adopt and it's a tie, 17 yea to 17 nay, the measure fails because a simple majority wasn't reached.

DianaE (Colorado)
Posts: 40
Posted:
This is a vote for board members. If two people run for president and each receives 17 votes, do we keep voting till someone changes his vote?
TimB4 (Tennessee)
Posts: 21,062
Posted:
You hold another election (after proper notice, etc.).

DianaE (Colorado)
Posts: 40
Posted:
Thank you. That was what I was hoping for.......
GlenL (Ohio)
Posts: 5,491
Posted:
Do you directly elect a president or do you do like 90+% of most HOA's do and elect Board members who then appoint officers?
Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
You could also flip a coin or draw straws, I've heard of both methods used in municipal elections when there was a tie.
Studies show that 5 out of 4 people have problems with fractions
CarolR11 (Colorado)
Posts: 2,563
Posted:
Say, Diane, are you sure your governing documents say that homeowners vote for the board president? In every HOA I've heard about, the homeowners vote for directors. Then the directors vote for officers, e.g., president, VP, etc. Usually the president must be a member of the Board.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By DianaE on 02/26/2013 1:01 PM
This is a vote for board members. If two people run for president and each receives 17 votes, do we keep voting till someone changes his vote?

Yup. At least, that's what Roberts Rules tells you to do.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By DianaE on 02/26/2013 1:01 PM
This is a vote for board members. If two people run for president and each receives 17 votes, do we keep voting till someone changes his vote?

Yup. At least, that's what Roberts Rules tells you to do.
EricH8 (Virginia)
Posts: 116
Posted:
I agree that the homeowners should have continued debating and voting until the tie was broken.

A tie vote occurred at my HOA. 21-yes, 21-no.
The question was
"Are you in favor of allowing both the Board Secretary and any homeowner to audio and/or video record all meetings of the Board of Directors (including Public Forum)?"

Though nobody said this at the meeting, the meeting minutes asserted:
"The current resolution concerning this issue will remain in force."

The "current resolution" says homeowners will be fined $400 per board meeting for audio or video recording. There was no discussion before the vote. Most votes were mailed in before the annual homeowner meeting and the instructions said the mail-in votes would be unchangeable. There was no additional vote after the tie. Just a vague statement from the chairman that the issue will be readdressed later. Only the board president got his point of view out regarding how to vote, urging the homeowners to vote No. We had this vote because the board agreed to let the homeowners decide the issue, though it seems the board is still having the final say.
DianaE (Colorado)
Posts: 40
Posted:
Quote:
Posted By GlenL on 02/26/2013 1:57 PM
You could also flip a coin or draw straws, I've heard of both methods used in municipal elections when there was a tie.

Wish we could use a coin or straws- definitely less stressful.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By DianaE on 02/28/2013 2:34 PM

Wish we could use a coin or straws- definitely less stressful.

If the candidates who tied agree to it you may certainly flip a coin, cut cards, etc.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Believe it or not it can be a legal form of deciding to flip a coin. It has happened in court cases. We all know it happens at football games. All that has to be done is all the parties agree tossing the coin will be binding on the outcome.
If my history serves me right which it does not all the time, tossing a coin was used in court proceedings on many occassions in the past. The good old west and land deals...
Former HOA President

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement