In the event of a tie when voting

Started by AnnieB • 10 replies • 5040 views

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AnnieB (Washington)
Posts: 12

Posted:

We have an even number of directors on our HOA board, which was established approximately 20 years ago. If we were to have a tie during voting, does anyone have an idea or any experience as to how this is handled?
Annie

GlenL (Ohio)
Posts: 5,491

Posted:

Simple in the situation you presented a tie vote means the matter fails. This is why most Boards have an odd number of members; a tie can still happen if one person recluses themselves but it shouldn't happen as often. Do your documents call for an even number or are you short someone?

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

SusanW1 (Michigan)
Posts: 5,202

Posted:

The motion can be stated again and another vote taken. During the "debate" time of the motion, it is the opportunity for both sides to present their case. The presiding officer then re-states the motion and puts it for a vote.

AnnieB (Washington)
Posts: 12

Posted:

Susan and GlenL, thank you both for your replies. Our CCRs do not give an exact number for board members, just that there be a President, VP, Treasurer, and Secretary. I don't know when, over the years, the 2 member-at-large positions began.

GlenL, is the idea that a tie is equivalent to a lost vote pretty standard? I just had never heard of it before.

MW (California)
Posts: 16

Posted:

We have a President, VP, Treasurer, Secretary and 1 member-at-large. This works well for us. As you can see, it's not a good idea to have an even number of directors.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Annie,

Glen covered quite well what happens when a tie vote occurs.

As others have stated it's much better to have an uneven number of directors, if only to prevent a tie vote. Since your bylaws do not state how many members must make up the BOD, only that 4 officers are required, I would suggest either increasing or decreasing the board by 1 member. Depending upon the size of your assn and how much work is involved to run it, a 5-member board should be adequate. It's best to have a specific "job" for each board member so that everyone has some official task to perform. It serves no good purpose to have too many "members-at-large" with idle hands.

JeanaN (California)
Posts: 2

Posted:

We have 9 board members with 1 being a vacancy. So currently we have 8 on the board. We all vote with the exception of our President. This person would be the tie breaker. Is that accurate?

SusanW1 (Michigan)
Posts: 5,202

Posted:

In small boards, the president votes UNLESS your documents state that he/she does not vote.

Having an uneven board number does not guarantee a split vote. Someone may abstain.

The best way to get or stop passage of a motion is to state your case at the debate time in a persuasive manner.

EllenS1 (Florida)
Posts: 1,148

Posted:

AnnieB,

This is the reason a board should consist of uneven numbers. Can you get one other to serve?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jean,

IMO, the pres should vote on all matters. Some Pres'. feel they should only vote to break a tie, but I view this as being unwilling to take resp. for their actions. By abstaining from voting a board member can always claim "I didn't vote for that" regarding issues that are controversial. The Pres' position on an issue should be known the same as any other board member's position.

I'm wondering why your board hasn't appointed a member to fill the vacant board position? Most bylaws give the board the authority to do that.

DwightT (Idaho)
Posts: 664

Posted:

Quote:

Posted By AnnieB on 06/17/2009 6:12 PM
Susan and GlenL, thank you both for your replies. Our CCRs do not give an exact number for board members, just that there be a President, VP, Treasurer, and Secretary. I don't know when, over the years, the 2 member-at-large positions began.

GlenL, is the idea that a tie is equivalent to a lost vote pretty standard? I just had never heard of it before.

A tie isn't a "lost" vote, but the measure fails. Whatever is being voted on should be phrased as a question: "Shall funds be allocated for .....". In order for the measure to pass, a majority must vote in favor. Since a tie is not a majority, the measure fails.

However, that doesn't mean it has to be the end of the story. As was mentioned, the measure can be restated and voted on again. I suppose in theory that cycle could continue forever, but at some point the presiding officer should declare the matter closed and move on to other issues.

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