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Can a Board Break a member vote?

Started by JamesN10 • 8 replies • 268 views

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JamesN10 (Texas)
Posts: 2
Posted:
Here is our situation. Our Covenants and Restrictions state a majority vote is needed to pass special assessments. Since there are 10 lots in the community with votes, if 5 vote for and 5 against, how is a tie vote resolved? We are in Texas. Thanks for your insights.
AdamL1 (UnitedStates)
Posts: 559
Posted:
Quote:
Posted By JamesN10 on 02/15/2022 8:44 PM
Here is our situation. Our Covenants and Restrictions state a majority vote is needed to pass special assessments. Since there are 10 lots in the community with votes, if 5 vote for and 5 against, how is a tie vote resolved? We are in Texas. Thanks for your insights.

on its face, I would say absolutely not. Unless the governing docs state procedure to break a tie and elaborate about the board voting, then your SOL. The rules are the rules and the rules say majority. If majority, then yes....if no majority, then no.

no other way out.
PatJ1 (North Carolina)
Posts: 568
Posted:
Highly doubt your governing documents allow an owner 2 votes. One as an owner, and one as a Board member to break a tie.

All 10 owners are voting as owners, right? Membership vote, everybody votes. Including all Board members.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Nope.

A board member votes either as a homeowner (at the annual meeting/election or for other actions requiring homeowner approval such as an amendment to the CC&Rs) or as a board member (on decisions that are made by the board). Context absolutely matters.

I have never seen an instance where a board member can break a member vote. If it's a member vote, then the board member is acting as a homeowner and will have no more authority than any other homeowner.

The only instances I've seen where a person has multiple votes:

* the person owns more than one unit in their community and has one vote per unit

* the person has been named a proxy by another owner and will cast that person's vote as well as their own

It's possible some associations would allow fractional voting - I've seen something like that in some condo communities where people who own the bigger units have more say in what happens. But this is not the norm, and again it has nothing to do with whether or not the unit owner is a board member.

AugustinD
Posts: 3,698
Posted:
Quote:
Posted By JamesN10 on 02/15/2022 8:44 PM
Here is our situation. Our Covenants and Restrictions state a majority vote is needed to pass special assessments. Since there are 10 lots in the community with votes, if 5 vote for and 5 against, how is a tie vote resolved? We are in Texas.
JamesN10, are you certain that your governing documents state that owners vote on whether to impose a Special Assessment?

I can see this being more likely with a tiny HOA like yours. Still I would appreciate your confirmation.

Usually, though not always, whether to impose a Special Assessment is up to the Board.

Else I agree with AdamL1: If there is no procedure for breaking ties, then the status quo (no Special Assessment) continues.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
James

5 to 5 is a tie and the amendment/special assessment does not pass. It is dead.
JamesN10 (Texas)
Posts: 2
Posted:
@ Augustin - In our CCR's under the heading of Special Assessments for Capital Improvements it states: "...the association may levy any special assessment...Any such assessment must be approved by a majority vote of the members."

I appreciation more of your insights.

Thanks,
Jim
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By JamesN10 on 02/18/2022 6:29 AM
@ Augustin - In our CCR's under the heading of Special Assessments for Capital Improvements it states: "...the association may levy any special assessment...Any such assessment must be approved by a majority vote of the members."

I appreciation more of your insights.

Thanks,
Jim
Thank you for quoting the CCRs on this.

As others said: When the vote is tied 5-5, then there is no Special Assessment.

Those wanting the Special Assessment would need to flip someone.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JamesN10 on 02/18/2022 6:29 AM
@ Augustin - In our CCR's under the heading of Special Assessments for Capital Improvements it states: "...the association may levy any special assessment...Any such assessment must be approved by a majority vote of the members."

I appreciation more of your insights.

Thanks,
Jim

James

I would argue that your by a majority of the members means all members/owners, not just the BOD Members.

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