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JillM4 (Georgia)
Posts: 1
Posted:

If there is a tie between candidates at our Election for a BOD, how do we break it? I can't find anything in the GA Property Owners Act.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I'm understanding that there are two candidates for one seat and the numbers are tied.

When this happens, the options (as I see them) are simple:

1) ask if the two of them can come to an agreement amongst themselves as to who will serve and who will voluntarily step down.

2) Hold a runoff election.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Pistols. 10 paces.
SusanM22 (Florida)
Posts: 154
Posted:
Quote:
Posted By JillM4 on 10/24/2013 7:32 AM

If there is a tie between candidates at our Election for a BOD, how do we break it? I can't find anything in the GA Property Owners Act.

I take this is a Georgia HOA, not a Condo, right ? Have you double checked your Bylaws ? Is this a BOD election by Proxy or secret/absentee ballot ?? BTW, I have served on the board of my former Atlanta, GA HOA back in the late 90s. Proxy are usually good for up to 60-90 days unless otherwise specified.

What Tim suggests sounds sensible to me. Otherwise, I would daresay it is technically a failed election. If new election date is set, it is universally recommended that announcement of new date be made at time of adjournment.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By TimB4 on 10/24/2013 8:12 AM
I'm understanding that there are two candidates for one seat and the numbers are tied.

When this happens, the options (as I see them) are simple:

1) ask if the two of them can come to an agreement amongst themselves as to who will serve and who will voluntarily step down.

2) Hold a runoff election.

Number 2 is similar to proper, published parliamentary procedure. You keep casting ballots until one candidate receives a majority.
SusanM22 (Florida)
Posts: 154
Posted:
The OP has not responded with critical details in order to provide better guidance. The topic is relevant and timely since lots of associations across the country hold elections sometime between Nov and Jan of the following year.

I am quoting one of my national accredited Parlamentarian experts, and member of CAI:

"The answer will likely vary by state and association as there are several variables. Some states have detailed election process statutes, and I've also seen governing documents with many election specifics. Also, would vary depending on whether the election is at a meeting (where a revote can easily be had) or outside of a meeting through a mail vote or electronic means.

Generally, if a majority vote is not received by a candidate in an election requiring a majority vote (some associations) or there is a tie between candidates in an election requiring a majority or plurality vote which causes there to be an undecided vote, there is said to be "no election." If you are in a meeting, new ballots would typically be distributed for those positions that weren't filled and a revote taken. Since elections outside of meetings generally require statutory and governing document details, that process should be followed in the need of a revote."
TimB4 (Tennessee)
Posts: 21,059
Posted:
Susan,

Nice quote.

I believe that it echos the advice that has been provided.
TomM26 (Florida)
Posts: 3
Posted:
We just had a tie. Two candidates for a resident, pre-turnover director. This was a second election as the first was overturned due to malfeasance by the builder and one of the candidates being declared ineligible. Florida arbitrator said to do a re-do election. It was a tie. Builder has said there won’t be another election so the residents will not have their statutorily allowed Director. We expect turnover within 4 to 6 months.

An immediate second round of voting wouldn’t work as we are a 55+ community in Florida and many residents for both candidates used a proxy. The proxy voters would not have any way to cast a ballot.

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