Who Wins Tied Election Between a Condo Owner and a Board Member?

S.F. from New Jersey writes:

Dear Mister Condo,

According to the NJ Condo act, who wins an election between a condo owner and a Board member if there is a tie?

Mister Condo replies:

S.F., I am not sure that the New Jersey Condo Act addresses such an issue. Typically, the association’s governance documents spell out how elections are handled. They may or may not address what happens when there is a tie between eligible candidates. Absent that, it is likely a matter to be decided by the association or its Board as the elected representatives of the association. I am curious as to the distinction you are trying to make between “a condo owner and a Board member”. If the association allows for Board members that are not condo owners to serve on the Board, there may be no distinction. Typically, associations are governed by their own unit owners as they have a vested interest in the success of the property. Again, look to your governing documents to see what they say. If they are silent, as I suspect they are, it may be time to amend them to address this unusual situation. Good luck!

One thought on “Who Wins Tied Election Between a Condo Owner and a Board Member?

  1. As an election integrity advocate and official, let me offer some alternatives either in bylaws or via resolution of the Board PRIOR to future elections. A revote/runoff between the two candidates, if there were only two candidates originally, best done at a new meeting. A coin toss – used to be the law in CT for state and local elections – still is in VA. PS: be sure to carefully recount the votes publicly before you accept it as a tie.

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