Tie vote for Board member

Started by HelenJ • 7 replies • 2079 views

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HelenJ (Georgia)
Posts: 1

Posted:

Annual meeting to elect new Board members was held and one position resulted in a tie vote even after proxies were counted. What happens now. All homeowners but one voted and that homeowner did not attend, give a proxy or indicate he wanted to participate.

SheliaH (Indiana)
Posts: 6,964

Posted:

Check your documents to be certain, but you'll probably need to need to hold another election and persuade the one homeowner to at least assign a proxy so someone can vote in his behalf.

Would one of the candidates be willing to step aside? He or she could still volunteer for the association - perhaps the Board could put him/her in charge of an advisory committee. It would be a great way to get things done and the former candidate's performance as chairperson would help him/her learn more about how the association is run, and he/she might turn out to be a better board member down the road.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

LarryB13 (Arizona)
Posts: 4,099

Posted:

In public elections tie votes are decided by a game of chance, such as cutting a deck of cards.

KerryL1 (California)
Posts: 14,550

Posted:

Like Larry, I, too, have heard that the winner is decided by a game of chance.

Sheila's idea of inviting the non-winner sort of other position is a good one! Form an ad hoc committee to explore something that needs to be done and suggest s/he be chair.

Or, if your bylaws permit, create an office position for the person (tho' it too would be advisory as the officer would not be able to vote

TimB4 (Tennessee)
Posts: 21,059

Posted:

Have a meeting with the two candidates.

Explain the costs of holding a run-off election.

Ask how they want to settle the tie (game of chance, run-off election, one candidate wants to serve more than the other, etc.) and go with what they decide.

KerryL1 (California)
Posts: 14,550

Posted:

a meeting with the two sounds good as one might, as Sheila suggests, decide to bow out. but I don't think a run-off is required. But that might vary from one state to another..

TimB4 (Tennessee)
Posts: 21,059

Posted:

I suspect that most (if not all) governing documents and applicable statutes are silent on how tie's are dealt with.

Without any guidance from those documents, the candidates are free to agree to any method. Short of an agreement, it would be appropriate to have a run-off election.

Here are some articles on the topic:

IT’S A TIE! from the sun-sentinel

McNeil v. Heathgate arbitration (also from FL)

What Happens If Your HOA Election Ends In a Tie? from HOA-Leader

Handling Tie Votes from Roberts Rules

Breaking a Tie from davis-stirling website

RichardP13 (California)
Posts: 3,868

Posted:

IMO, the tie should have been resolved at the meeting. Because it wasn't and for the members that voted, a runoff would be in order.

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