Our firm has held hundreds of HOA board elections over more than 35 years and has found that while tie votes are not common, they do occur in about 3% of elections. When there is a tie vote, California law does not provide a means for resolving the tie so unless the election rules or bylaws provide a remedy, it requires the cooperation of the candidates to find a solution.

Since there is no automatic recount rule, a recount can be paid for by the candidates or the association.

A tie vote can also be settled by means of a runoff election or the flip of a coin if the candidates are agreeable.

It is recommended that homeowner associations amend their bylaws or election rules to address tie votes.