Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
It was only a tie for the office of President. Also, our by-laws state that our meetings will be held in accordance with the Robert's Rules of Order, where it is not otherwise stated in our by-laws.
So the question came up as to what Robert's Rules of order states as it concerns a tie vote. I apologize, but I was aware of the fact that the rules state that you continue balloting until the vote is tied.
However, in our community association meeting last month, when we held the elections, we adjourned the meeting without reballoting, because of the contentious nature of a few of the members in the meeting. We will be coming back together this month to continue the balloting for president until someone is elected.
However, since that time, one of the board members wants to include more persons in the reballotting process than were eligible to vote when we took the initial votes in our elections of officers. Because September is the beginning of our fiscal year, we had new members come and pay their dues, that did not pay last year, and therefore were not eligible to vote in our election of officers.
What I have tried to do as President is explain to this person that you cannot increase the number of persons in the reballoting process than were not eligible to vote when the initial vote was taken.
Am I correct in my explanation, as our by-laws does not address this unique situation?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).