Tie Vote Issue

[Guest Tom Carr]

At the annual meeting of a condominium unit owners' Association, the election of a director to fill the position of a director whose term was expiring resulted in a tie vote between the two candidates. The Articles and Bylaws of the Association do not provide a mechanism for breaking ties. There are several possibilities --

--as no successor director was elected, the existing director continues to serve until a vote not resulting in a tie occurs,

--there being a vacancy on the Board, pursuant to the Bylaws it is filled by the remaining directors, or

--a tie-breaking mechanism such as "drawing straws" is employed.

Any suggestions or opinions?

Thank you for your input.

[Guest Edgar]

Any suggestions or opinions?

You have what's known as an "incomplete election". The proper solution is to conduct additional rounds of voting until someone (who is eligible and willing to serve) is elected.

[jstackpo]

Absent any other rules in your bylaws/Articles/&c (best to recheck them carefully) AND an explicit inclusion of RONR in your bylaws as the "default" rules, then the first of your options is probably the correct one.

However, the "continues to serve" rule is also something that must be in your bylaws. If it isn't there, then the office is vacant until you complete the election. It is not the sort of vacancy that is filled by the Board.

[Rev Ed]

Keep voting until someone is elected. It's that simple.

[Tim Wynn]

At the annual meeting of a condominium unit owners' Association, the election of a director to fill the position of a director whose term was expiring resulted in a tie vote between the two candidates. The Articles and Bylaws of the Association do not provide a mechanism for breaking ties. There are several possibilities --

--as no successor director was elected, the existing director continues to serve until a vote not resulting in a tie occurs,

--there being a vacancy on the Board, pursuant to the Bylaws it is filled by the remaining directors, or

--a tie-breaking mechanism such as "drawing straws" is employed.

Any suggestions or opinions?

Thank you for your input.

Keep voting until a candidate receives a majority. If the next regular meeting will be held within a quarterly time interval, the incomplete election can be completed there.

[Tim Wynn]

Keep voting until a candidate receives a majority. If the next regular meeting will be held within a quarterly time interval, the incomplete election can be completed there.

See RONR (11th ed.), p. 444.