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By CondoAssociation.com • June 20, 2017

Did we run our condo board election correctly?

Our condo in Maryland last week held its 2017 annual election. There were four candidates and two director positions to be filled.

One candidate received more votes than any of the other four candidates.

Two other candidates received the next highest numbers of votes and they tied for votes. The third candidate received very few votes and would not have been elected because his election message was increases in monthly assessment were needed to replenish the Condo's Replacement Reserves that had been used to pay for operating expenses, so that those Reserves were owed - according to the last audit - tens of thousands of dollars.

The Condo's Property Manager said another election must be held immediately to break the tie vote but that election would be between just three of the candidates out of the four. And the candidate who received the fewest number of votes was excluded from the second vote.

The second vote was carried out and this time there wasn't a tie between the two candidates who were previously tied. Not incidentally, the two candidates who were elected were the Condo's President and Treasurer who were up for re-election.

Nothing is said in our Condo's Bylaws or in the Maryland Condominium Act - and as far as I can make out in Robert's Rules - about this situation of a tie vote occurring. And questions are: 1. "Was this election legal?" 2. "Should the second vote have occurred at a future date instead of immediately after the first vote?" And 3. "Is their any basis for another vote or is it too late as the meeting occurred four days ago?"

A quorum was present throughout the meeting and at least two proxies were present at the meeting. It was not clear to me afterwards that the proxies could be used for voting for directors. I objected to the procedure carried out by our Property Manager because I had never heard of such a procedure.

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.

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