President getting 2nd vote to break tie

[rollinsbl]

Just received revised Bylaws of my Homeowners' Association, which the board of 5 may revise from time to time.   There is a change that board may consist of 3-5 members, ideally 5.

A new section states that if there is a tie vote such as 2-2 that the President may cast a 2nd vote to break a tie!

"Deadlock Provision. If the Board of Directors is composed of only four (4) persons at any point in
time, the President may cast a second vote in the event of a 2 to 2 tie on any motion made at a Board of Director’s meeting. If the President does not cast a second vote for a motion that ends in a tie, then the motion will fail."

So, if a Pres. voted yes during the tie vote, it sounds like he/she gets to vote another yes!  (Or No as the case may be).   This sounds rather ludicrous to me.   Comments?

[Chris Harrison]

I tend to agree but the HOA can put whatever they want in the bylaws (subject to any applicable laws of course).

[Guest Edgar]

 There is a change that board may consist of 3-5 members, ideally 5.

 

Do yourselves a favor and pick a number.

 

You don't have to spend much time here before you'll find someone asking a question about what to do when the bylaws say something like "the board shall consist of at least five, but no more than fifteen, members".

 

And don't fall into the trap of thinking that an even number of members is more likely to result in a tie vote than an odd number. Some members might be absent or simply choose not to vote at all.

 

And a tie vote is not a "deadlock". It simply means that the motion was defeated (or, in the case of an election, that you'll have to vote again).

[Gary Novosielski]

Just received revised Bylaws of my Homeowners' Association, which the board of 5 may revise from time to time.   There is a change that board may consist of 3-5 members, ideally 5.

A new section states that if there is a tie vote such as 2-2 that the President may cast a 2nd vote to break a tie!

"Deadlock Provision. If the Board of Directors is composed of only four (4) persons at any point in

time, the President may cast a second vote in the event of a 2 to 2 tie on any motion made at a Board of Director’s meeting. If the President does not cast a second vote for a motion that ends in a tie, then the motion will fail."

So, if a Pres. voted yes during the tie vote, it sounds like he/she gets to vote another yes!  (Or No as the case may be).   This sounds rather ludicrous to me.   Comments?

 

It violates a basic principle of one-person-one-vote, and may well be illegal according to your state's laws.  But as I am not a lawyer, I can only guess.  You'll have to consult one (a lawyer) who knows about the statutes regarding HoA governance.

[Rev Ed]

Firstly, if the HOA wants five members, then it should simply state this, and give a range of directors.

 

As for the second vote of the President, yes that's what the By-laws state.  It would be better to simply remove this clause.  It is too easy for abuse anytime there is a tie vote (which can happen even with a five member Board if a member is absent or abstains.)

[Guest Edgar]

Firstly, if the HOA wants five members, then it should simply state this, and give a range of directors.

 

The "not" hole gang strikes again?

[g40]

Just also be aware that you can have a "deadlock" (as you describe it)  with just about any number of board members - not just four. One or members might not attend the meeting or abstain from voting. Also consider that with, essentially, two votes it is possible (although probably not likely) that he/she might vote once YES and one NO.

 

Also, a 2-2 (or 1-1, etc.) vote, it seems to me, is not necessarily a "deadlock"; the motion fails. The result of a 2-2 vote on a motion is identical to a 0-1, 0-4, 1-3, etc.