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Ray, Lawyer
Category: Legal
Satisfied Customers: 41624
Experience:  30 years in civil, probate, real estate, elder law
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As you stated prior: The “president can appoint an interim

Customer Question

As you stated prior: The “president can appoint an interim officer”…”break a tie”. Where in the Uniform Condo Act does it say this? Chapter/page Remember we only had 2 Board members: President and Treasurer. The bank was requiring we have a Secy on accounts
asap not allowing time for a proper vote. You would think 12 people could get along! Thanks for you help
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi welcome back.Ray here again wanted to offer you some more information about this subject.It is not in the Condo Act but the Roberts Rules of Order which are followed by such Condo Associations.

According to the current edition of Robert's Rules of Order ("Robert's Rules of Order Newly Revised," 10th edition, 2000), the president of a small (12 or fewer) board or committee can vote any time (p. 471); in other situations, the president can vote with everyone else if it is a ballot vote, and in all other cases can choose to vote if his vote would make a difference.

Note that "in case of a tie" is a common way but inaccurate way to describe it.

Most motions need a majority (more than half) affirmative votes to adopt the motion. If it is a tie, it lacks a majority, and is defeated. But before declaring it defeated, if the chair is in favor, the chair can vote for it and it passes with a majority. But if the chair is against it, he lets the tie vote stand; he doesn't vote against it because it is already defeated.

So his actual vote is only needed if President wants it to pass, if he is against it he lets it stay tied and it fails.

I hope that resolves this.There should be reference to Roberts Rules of Order in your Condo Association Rules here and then they apply.

The Robert's Rules deal with the proceedings, here this is procedural in that it only comes up when there is a tie vote of the board and he has right to vote and either makes it pass by majority or lets it die since its a tie vote and it fails with a tie.

I appreciate the chance to follow up with you and clarify this as I know it is important to you.I am sorry for any confusion, the Roberts Rules are found in your condo rules and the statute provides for them but this is a actually a Roberts Rules/procedural issue.

Thanks again, let me know if you have follow up.Thanks for your patience.

Expert:  Ray replied 1 year ago.

Here is the Roberts Rules here on voting including the information above..

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