Question:
At an upcoming HOA annual meeting, the election of officers is for 2 positions – there are 3 candidates. One candidate has received the most votes by Proxy – the other 2 candidates are tied. That leaves only one seat available – how do you run a run-off or break the tie for the 2nd seat when there are 2 candidates with the same number of votes? Thank you.
– Shane
Answer:
Hi Shane,
Kindly check the bylaws to see how ties should be handled in elections. If there are provisions for tie-breakers, the HOA must use the method specified. Otherwise, some HOAs may break the tie if one of the candidates is willing to step aside. However, if neither candidate is willing, the HOA may consider conducting a special election to fill in the last position.
Some HOAs also include a coin toss method to choose between the tied candidates. Regardless, if there are no provisions for tie-breakers in the governing documents, it may be wise to amend them to add provisions to help the future board navigate this issue. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
