What Happens When There is a Tie in a Condominium Election? – A Duel Til…

…the Death?  Not quite.

Unless your condominium’s by-laws contain specific guidelines, section 61B-23.0021 of The Florida Administrative Code is what should be relied upon for resolving ties in condominium elections, and I can assure you it does not involve dueling pistols or white wigs.

First and foremost, the issue of a tie is only applicable to scenarios which would result in one or more of the tying candidates not serving on the board.  By way of example, if a particular board has five vacancies and the top two vote-getters both receive the same number of votes then they are both elected as directors, with three spots left to be filled by the next highest vote-getters.  There is no need to address this tie because both individuals end up serving.  However, if there is a tie between two or more candidates that would necessarily result in one of them not serving (ie: three people tie and there are only two remaining board vacancies or two people tie and there is only a single remaining board vacancy), the following procedures, absent any specific by-law provisions, would apply:

Within seven (7) days of the date of the election at which the tie vote occurred the board shall mail or personally deliver to the voters, a notice of a runoff election.  The notice shall inform the voters of the date scheduled for the runoff election to occur, shall include a ballot, and shall include copies of any candidate information sheets which were previously submitted by the candidates (the candidates cannot alter or revise their information sheets for purposes of the runoff).  The runoff election must be held not less than twenty one (21) days, but not more than thirty (30) days, after the date of the election at which the tie vote occurred.  Additionally, the only candidates eligible for the runoff election are those candidates who received the tie vote at the previous election.  This means no one else can decide to throw their proverbial hat in the ring at this juncture.

If your association does happen to have a tie in an election and follows these procedures it will be complying with Florida law and in doing so, should avoid an old-fashioned duel with the DBPR on procedure!

Daniel Wasserstein

E-mail: danw@wassersteinpa.com