FACT or FICTION: President may only vote in case of tie by Joel M. Kriger, Esq. Many homeowner association boards routinely follow this practice. While the president presides over the meeting, he is prohibited from voting except in the case of a tie. In this article, the A&K News researched the origins of this practice and the law searching for the answer to this question. Parliamentary rules provide guidelines on calling a meeting to order, making motions, adjournment of meetings, etc. While most homeowners association follow some form of parliamentary procedure, little is known on their origins. The parliamentary rules most often used are the "Robert's Rules of Order." These parliamentary rules originated in England in the late 1870's to facilitate public debates. Some form of these rules are used at meetings by board of directors, city councils, homeowners associations, and other governing bodies. Parliamentary procedures are not "laws." There is no law prohibiting a board president from voting, or which mandates that a president votes only to break a tie-vote. Parliamentary rules are simply guidelines, which, through the passage of time, have become standardized. The only reference to parliamentary procedures in the Civil Code (governing homeowner associations) is at Section 1363 (d) which states that some form of parliamentary procedure must be adopted and followed at membership meetings. The civil code does not mandate parliamentary rules at board meetings. Dr. Charles H. Johnson, C.P.P. (Certified Professional Parliamentarian), is the first vice-president of the American Institute of Parliamentarians. In his 40 years of experience, he has counseled city counsels, judges, homeowners associations, and other governing bodies on parliamentary procedure. He says that the board president can vote on a motion, unless prohibited by the Bylaws. He adds that a president usually votes where it "makes a difference" on the outcome of the vote. For example, if there is a tie vote, the president can vote to break the tie. If there is a 2-3 vote, the president can vote to tie-up the vote, hence making it fail. The California Corporations Code while not addressing this question directly makes it very clear there is no distinction between the board member's right to vote based upon the office held. Section 7211(a)(8) provides that decisions made by a majority of the directors present at a meeting duly held at which a quorum is present is the act of the board. Unless a rule has been adopted prohibiting the president from voting under certain circumstances, or the Bylaws prohibit the president from voting, all board members, including the president has the right to vote on all matters. © 1995 by Anderson & Kriger << Back to Avalon Samples and Articles Page Portions of this page Copyright 2004 Avalon Management Group Inc. All Rights Reserved, other content may be copyrighted by the respective author(s.)