Voting Result?

[Guest Dennis Young]

Our HOA membership has six condos and each condo gets one vote.  We voted on increasing the dues from $300 per month to $350 per month.  We got three votes for the increase, one abstained, and two did not submit a vote.  Does the abstentia count?  Is the vote result three for and two against, in which case the increase passes?  Or is the vote three for, three are not for, in which case the increase does not pass?  Does the abstentia count for anything or do we just throw the abstentia out and base the results on five voters.  IE, three votes of five is a majority?

[Joshua Katz]

Unless there is something special in your rules, 3 voted for, and 3 abstained - to abstain is just to not vote. Thus, it passed.

[Richard Brown]

Not that it makes any difference because a pass is a pass is a pass, but it passed unanimously by a vote of 3 - 0.  You might check your bylaws and other rules, however, to make sure that they don't require the vote of a majority of all units for such an increase to be adopted, rather than a majority of the votes cast.  If your rules require an ordinary majority vote, then it passed.

[Josh Martin]

2 hours ago, Guest Dennis Young said:

We got three votes for the increase, one abstained, and two did not submit a vote.

I would first note that to "abstain" from voting is, by definition, to not vote. So based upon these facts, you actually had three votes in favor and three abstentions.

"The chair does not call for abstentions in taking a vote, since the number of members who respond to such a call is meaningless. To "abstain" means not to vote at all, and a member who makes no response if "abstentions" are called for abstains just as much as one who responds to that effect (see also 45:3)." RONR (12th ed.) 4:35

2 hours ago, Guest Dennis Young said:

Does the abstentia count?  Is the vote result three for and two against, in which case the increase passes?  Or is the vote three for, three are not for, in which case the increase does not pass?  Does the abstentia count for anything or do we just throw the abstentia out and base the results on five voters.  IE, three votes of five is a majority?

Generally speaking, abstentions are not included in the result, as the threshold is based upon the number of members present and voting. The case would be different in the event that the organization's rules require a majority of the members present, or a majority of all members. See FAQ #6.

I would clarify again that, in any event, you had three abstentions based upon the facts provided. If you had two people who "did not submit a vote," then those people abstained. A person has not cast a vote against the motion unless they actually vote no.

[Gary Novosielski]

It appears that the motion was adopted by a vote of 3-0.  The three abstentions would not affect the outcome.