Officers - Tie vote

At our next board meeting we have to vote on appointment of officers. We are a board of 5, however one person cannot attend. So two directors want to be president. There will be two votes for one director and two for the other. So what happens in a tie? Our bylaws and cc&r don't address this issue.

Here is what Davis-stiling site has to say about tie votes:

On a tie vote, a motion requiring a majority vote for adoption is lost, since a tie is not a majority. (Robert's Rules, 11th ed., p. 405.)

Under limited circumstances, the matter may be brought up for reconsideration

It's unlikely we will have a full board any time soon as one of the directors refuses to resign, but doesn't show up to meetings. It's almost impossible to get enough votes for a quoroum to remove. Two of the members are new to the board so we have to assign officer positions. So I'm not sure what to do if we get a tie vote. We can't continue indefinitely without officers.

Hi Aaron

A situation like yours is what got me on the board. Board split 2 to 2 on every issue. 5th person never wanted to be the deciding vote. Board was floundering. Nothing was getting done. When #5 was up for re-election (which would have happened if no one else ran), I put my name in and got elected instead.

When is your deadhead up for re-election?

Aaron

What you are looking for would not be in the Bylaws or CCRs, but in Parliamentary Rules, such as Robert's Rules of Order.

Kerry, you are correct. The President only has one vote and is simply a title. I am one of the members that want to be president. Why? Because over the last year (as secretary) I have gone above and beyond for the association. I've worked very hard to ensure a smooth running board, learning about laws and duties. I believe I have earned the title.

The other person who wants to be president is new to the board this year. He did serve as a board member for several years previously and only wanted to be member at large. He's great at sending out lengthy emails but that's about it. He was also on the board during a time of homeowner mistrust of the board, mismanaged money, etc.

So yes it's just a title but I feel it is a title earned.

Oh, and another reason he wants to be president is because he doesn't want to get stuck with secretary and have to take minutes.

I would really hope that the President is not just one that only presides over meetings, because everything I have been taught and would teach others, just went out the window.

Kerry,

Being in a self governed HOA and having served as President for several years, I can assure you that the President for self governed Associations have the same duties as yours:

Set the Agenda (with input from others)
Preside over meetings
Sign documents (contracts, etc.) for the Association
Communicate with the Attorney (when the Board as a whole decides to seek legal advice)
Typically, be the main contact for the Board
Ensure that tasks are being completed (by making good agendas and asking for status)
Be the face and Voice of the Board (but the best response is to simply say that they will place the issue on the agenda)

I think that that list is typical and generic for all Associations.

As President, I agree with Richard. My duties involve much more than just chairing the meetings. I am responsible to see that the PM does the task requested by the Board. I am glad we have a good PM>
But sometimes I feel like a babysitter to some of our residents. I don't know how many times I have said to myself I am President not babysitter. I am more than willing to help our residents with any item the resident can not do by his or her self. But I do get frustrated when asked for information that I don't have or have any business having.

Aaron:

Do your bylaws say anything about missing board meetings? Here is a similar question from Davis-Stirling, which states if bylaws are silent then the BOD can try to get the membership to recall the non participating BOD member:

http://www.davis-stirling.com/MainIndex/MissedMeetings/tabid/4277/Default.aspx#axzz3QHfrhcE2

ps, if you feel your advancement to President is at risk to lose to a new board member, ask yourself why that is.

Jeff offers some useful ideas, Aaron! You can still volunteer to take minutes if you're president. I know from experience it's not easy while you're simultaneously presiding. Or your VP can write the minutes. But a lot depends on how much biz you actually conduct each meeting.

And maybe the one who refuses to attend in person will attend this organizational meeting by phone and vote for a president. Otherwise, do as Jeff suggests and recall him (yes, secret ballots and all, but might be worth it).

In CA the president, if I recall Corp Code correctly cannot be the same person as the secretary because sometimes, and especially minutes, must be signed by each. But the one who wants to be president can be sec'y mainly in name only and still sign things.

Our bylaws require that the president preside at board meetings. But perhaps your do not. Maybe you can cut a deal with this other person that he presides at meetings, and you do everything else that a prez in your HOA typically does. You can even elect him "Meeting Chairman," if that'll make him feel good. If, of course, he seems like a terrible presider, you board can vote him out of that titl.

Please remind us gain: do you have a PM? How may units/homes are in your HOA?

You quoted me, Tim but I think that quote shows that I'm completely aware that presidents of self managed HOAs do everything our prez does and waaay more! No debate. Your list is published in a lot of places and is typical.

What our president does not do that's on your list:

1. "Typically, be the main contact for the Board." All inquiries, etc., that residents might make to us as individuals directors are referred to our PM or Asst. mgr.

2. "Be the face and Voice of the Board (but the best response is to simply say that they will place the issue on the agenda)." All of us directors refer the matter to the PM or encourage the owner to write to the Board care of the PM. Some of us directors are visible than the prez, e.g., another director and I work out in our gym every day. That directors often reads poolside for a couple of hours per day.

3. "Ensure that tasks are being completed (by making good agendas and asking for status)" We directors place items on the agenda. Our prez is supposed to check on status of our directives per our bylaws, but often individual directors will if in a special interest area.