Tie Votes - HOA Board Elections

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.


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