COLUMN: President fills role of tie breaker

Q. I've been elected as a director on our homeowners association board. Our first duty is to appoint the officers, and I've been told that I will be appointed president. However, as president, wouldn't I only be allowed to vote in order to break a tie?

I believe that the homeowners have elected five directors to govern their complex and expect five, not four, to vote.

A. The information you received is derived from Robert's Rules of Order, which for many associations is the official guide to parliamentary procedure.

According to Robert's Rules, "If the presiding officer (president or chairman of a committee) is a member of the assembly (board of directors or specific committee), he can vote as any other member when the vote is by ballot. In all other cases, the presiding officer, if a member of the assembly (board of directors), can (but is not obligated) to vote whenever his vote will affect the result -- that is, he can vote to either break or to cause a tie, or in a case where a two-thirds vote is required, he can vote either to cause or to block the attainment of the necessary two-thirds."

If you are the president and if your board is voting on an issue by ballot, you are entitled to vote as any other member. But if voting is not by ballot, the president can vote only to break a tie or if a motion requires two-thirds vote.

If a president wants to debate an issue, she or he can pass the gavel to the next officer in line and then be recognized by the interim presiding officer who has not spoken and does not wish to speak on the issue. (If all of the board members have spoken, you could select another person attending the meeting upon unanimous consent or vote of the board members.) The person who receives the gavel cannot vote on that issue. The president can then debate and vote on this one issue, after which the gavel can then be passed back so she or he can continue to manage the meeting. However, this should be a rare occurrence, according to Robert's Rules.

Homeowners expect the president to demonstrate leadership, which does not necessarily mean voting on all issues. As president, you are the orchestra leader who must see that all of the players are working together as effectively and efficiently as possible. Being able to run a smooth board meeting requires skill and definitely makes a difference in what the board can accomplish. As president, you must spend adequate time in planning and organizing as well as motivating your board and the membership.

If voting on every issue is important to you, do not accept the position of president.

Q. After a heavy rain more than a year ago, the roof of my condo developed a leak. About five months later, the flat part of the roof was fixed, and I was reimbursed for the damage done to the ceiling and for a portion of my damaged carpet.

A few months later, the roof leaked again, damaging the ceiling worse than before. A repairman came two months later, fastened gutters on the roof and said it was fixed. A week after his visit, however, it rained and of course my roof has been leaking with every storm since. I have been unsuccessful in getting this situation resolved. Any advice?

A. Your association is responsible for the repair and replacement of the roof. You should have at least three reputable roofing companies inspect it and give you a written list of their recommendations with bids. Submit this information to your board of directors and lobby them to have this work completed.

Because of a shortage of funds, some associations repair roofs themselves and hope that the repairs last until funds can be obtained to replace the roofs.

If your board is unable or refuses to fix your roof, you have the option of informing the board that you will pay for the repairs and sue them for reimbursement unless they give you a credit towards your association dues for the cost of the roof.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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