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How does an abstain vote affect a ballot? we have 32 lots in

Customer Question

how does an abstain vote affect a ballot? we have 32 lots in our hoa. the deed says we must have a majority vote for any major acts on our common property. does the abstain vote bring the majority down one vote or not. i have looked up robert rules and ended up confused on this subject. we are at a tie except for the abstain vote
thanks
andy
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 11 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

Sounds like you got a tricky voting situation here. Unless your rules clearly specify otherwise, an abstention is tantamount to no vote at all and cannot count as a vote for or against any measure. So, if you are at a tie without the abstention vote, the act at issue cannot be voted in. If you are in favor of passing the rule, you will have to try again. The abstention/tie does not prevent further voting because, just as the abstention could not be construed in favor of the act, it likewise does not count against it. So, the measure has not been voted down, either.

I hope this helps. If you need additional information or clarification, just let me know and I will be happy to continue assisting. If I have addressed to your issue, please remember to leave a positive rating when prompted.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 10 months ago.

Please let me know if there's anything else I can do for you. If I have addressed your issue, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help provided.

Best,

Attorney 1

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