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Condo | HOA Lawyers

Election Results in a Tie – Now What?

One of the most important parts of the agenda at an association’s annual meeting is the election of board members.  Most association’s Bylaws provide an agenda for the annual meeting, which includes the election or appointment of inspectors followed by the election.
When there are more candidates than available board positions, owners complete their ballots and the inspectors then collect and count the votes.  But, what happens when there is a tie?
The association’s Bylaws may address this scenario.  For example, some Bylaws provide that tie votes be resolved by drawing of lots or by a flip of a coin.  If your association’s Bylaws are silent on how to resolve a tie vote, we recommend that the association first have a “run-off” where all of the owners vote again.  If the run-off results in a tie vote, the association can decide the winner by drawing of straws or lots (slips of paper) or by a coin toss.
Many times, however, when there is an election tie, one of the candidates will withdraw making a run-off or coin toss unnecessary.

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