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CharlesG5 (Florida)
Posts: 60
Posted:
Live in a HOA community in Florida. The board members elect the officers and the board is nine members.At the meeting where the officers were elected there were only 8 board members present. After the president, and vice-president were elected, there were two nominations for secretary. After a secret ballot, the vote was a tie.The result, at the next board meeting, they agreed to have the board member that was not present break the tie.

NOW,the president wants to have another vote for secretary since there will be only seven board members present.Does anyone have this issue covered in their documents or can you offer any suggestions?
AllisonD (Florida)
Posts: 449
Posted:
It is my understanding that the president does not vote and only votes if there is a tie. So if the president voted for secretary, if you remove his or her vote, you would not need another vote. In this case, since it was a secret ballot, you will have to have another vote but this time make sure the president does not vote. The board member not present will not be breaking the tie, you will just be having another vote.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Charles,

As an HOA president, I would've refrained from voting on this particular issue but see nothing wrong if the president chose to participate. A whole board's choice to re-vote, with all members present, is a good compromise as well. It looks like your bases are covered.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Charles

I am not nor do I play a lawyer especially in FL

The original vote was a tie. That vote is over. I say a total new vote (including nominations and seconds) should be called for when the BOD is next in session.

In many cases a President does not vote or only gets to vote when there is a tie. In some cases the President votes on everything. What is your procedure? What do your docs say?

JohnB26 (South Carolina)
Posts: 1,569
Posted:
if they were electing officers there was no president for the purpose of the vote

DOH

the newly elected BOD votes for the NEW officers (incl. pres.)

DUH DOH DUH
CarolR11 (Colorado)
Posts: 2,563
Posted:
Only is a Board strictly follows Robert's Rules of Order does the president not have a vote. And even if abiding by Robert's, presidents of Boards of fewer than 12 or so often vote in all cases.

Do your governing documents or state law say otherwise Allison? Or did your board vote to have the president refrain from voting? Please cite your source(s).

With John46, it seems to me you simply vote for the office of secretary all over again at your next meeting. I believe this is covered in Robert's Rules if your Board adheres to it, Charles.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnB26 on 01/11/2014 8:11 AM
if they were electing officers there was no president for the purpose of the vote

DOH

the newly elected BOD votes for the NEW officers (incl. pres.)

DUH DOH DUH

It is not like all are elected at the same time. Usually there will be nominations and seconds for one position at a time starting with the President's Office.

Seems to me that the OP's case that some of the BOD Officers were elected except there is now a tie vote on one position. Easy enough to handle.

One politically astute thing to do is for the newly elected President to nominate his closest runner up (if he knows who it was) to be VP. Heals wounds.

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By CarolR11 on 01/11/2014 9:13 AM
Only is a Board strictly follows Robert's Rules of Order does the president not have a vote.

That is an absolutely false statement!

If the presiding officer (the president) is a member of the assembly (an elected director) he or she has the same right to vote as any other member, and usually always does so when the vote is by ballot (see Roberts Rules, 11th ed., Page 405). In other cases, to preserve the neutrality of the chair, the president normally should only vote when the vote would affect the result. However, this is not the same as saying the president does not have a vote. Furthermore, on page 407 of Roberts Rules: "It is a fundamental principle of parliamentary law that each person who is a member of a deliberative assembly is entitled to one - and only one - vote on a question." And, on page 3 you will find: "A member of an assembly, in the parliamentary sense, as mentioned above, is a person entitled to full participation in its proceedings, that is, as explained in 3 and 4, the right to attend meetings, to make motions, to speak in debate, and to vote."

Thus, strictly following Roberts Rules, the president, if a member of the assembly, does have a vote; not the other way around.
CarolR11 (Colorado)
Posts: 2,563
Posted:
I appreciate your correction Bruce since I know you're, thankfully, our expert on Robert's Rules.

I actually, without reading it carefully, thought that the president of large Boards--over a dozen or so--only voted to break or make a tie. This might happen as you wrote, Bruce, "In other cases, to preserve the neutrality of the chair, the president normally should only vote when the vote would affect the result."

But on our Board of seven, the president, who is a member of our Board, always votes (absent a conflict of interest).

So, I'm assuming that Allison's Board has made its own rule that the prez can never (?) vote at Board meetings. I believe that Board is free to do so, yes?
RichardP13 (California)
Posts: 1,767
Posted:
From what I have been told by legal counsel is that directors, not officers, vote on all matters brought before the Board. In California, parliamentary procedures only apply to membership meeting, unless your documents say otherwise, and I doubt very much if many do.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By CarolR11 on 01/11/2014 12:29 PM
So, I'm assuming that Allison's Board has made its own rule that the prez can never (?) vote at Board meetings. I believe that Board is free to do so, yes?

It could also be that the bylaws specify under what conditions the president may (or may not) vote. If that is the case, the bylaws trump any parliamentary rules, including Roberts. The board can make any rule it wants, but such rules might be undemocratic since, if the president is an elected member of the board and is restrained from voting, then he/she cannot properly represent those who elected him or her. Also, if the board does have to follow Roberts Rules, then it takes a 2/3 vote of the board to suspend those rules.
GlenL (Ohio)
Posts: 5,491
Posted:
Oh for Pete's sake, flip a coin, cut cards or draw straws. Or at the next meeting revote and if you still have a split then how about eenie meenie miney moe pick a secretary by their toe?

And before people complain that I'm being flippant, I've heard of tie political votes being decided by a game of chance.

Studies show that 5 out of 4 people have problems with fractions

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