Board Member Conflict of Interest & A Tie Vote

One of our Board members ("Requestor") has called a special meeting to ask the remaining Board members to vote on an issue. He cannot vote because he is the one requesting the decision and it is a conflict of interest for this Board member to vote on their own behalf. The trouble is that there are only 2 other Board members remaining to decide the issue (there are 3 total Board members).

So what do we do if one Board member votes for the Requestor and the other Board member votes against the Requestor?

Any input is appreciated.

Thanks!

I would think a tie vote is a vote in the negative if the third voter must excuse himself.

So, a unanimous decision or compromise is in order from my non-legally binding perspective.

Jenn,

I don't see that there are any choices. A tie vote means the vote failed, plain and simple. I doubt you'll find this addressed anywhere -- state law or your assn docs. IMO, it's common sense. So if this happens, what can the board do? They can vote again and hope for a better outcome or they can dismiss the action. Also there may be a third option. If this is an important issue that cannot be dismissed and the board members are adamant in their vote the board can put the question to the membership for them to vote on. The easiest thing to do would be an action without a meeting whereby a ballot is sent to each member which is returned by mail to the board. A simple majority would decide the outcome.