In an election of the condominium association Board of Directors, what should the association do if two or more candidates receive the same number of votes? When a condominium association election results in a tie vote that affects which candidate will serve on the board or the length of a candidate’s term, Rule 61B-23.0021 of the Florida Administrative Code requires the association to conduct a run-off election unless the association’s bylaws provide otherwise. Alternatively, it is common for candidates who tie to simply flip a coin or draw straws to decide the matter. This practice is not specifically mentioned or validated in the law, but if all candidates are willing to live with the results, it may be a way to avoid the time and expense of a run-off election. The Association may want to get all tied candidates to agree to this approach in writing before the coin toss. There is a risk with this approach, as one of the candidates may later decide to challenge the result, though it would seem they would be hard pressed to show they did not waive their right to the run-off, especially if the candidates agreed to the coin flip or drawing of straws in writing.
If an agreed-upon alternative is not available or desirable, the Rule requires the run-off election, which is intended to break the tie and determine the successful candidate for the contested board position.
For the run-off election, the board must act promptly following the tied election. Within seven (7) days after the election at which the tie occurred, the association must mail or personally deliver notice of the run-off election to all eligible voters. Only those candidates who received the tie votes are eligible to appear on the run-off ballot. The notice must include a ballot that complies with the condominium election procedures, and copies of any candidate information sheets previously submitted by the tied candidates.
The run-off election itself must be scheduled and held no fewer than twenty-one (21) days and no more than thirty (30) days after the original election. Voting is conducted using the same procedures applicable to regular condominium board elections, including the use of secret ballots (or statutorily compliant email ballots that waive secrecy), inner and outer envelopes for secret ballots, voter verification procedures, and ballot submission and counting requirements.
By requiring a prompt and structured run-off process, the rule ensures that tied elections are resolved fairly and efficiently while preserving the integrity of the association’s election procedures. Boards should carefully comply with the notice, timing, and voting requirements to avoid challenges to the run-off election results and to ensure that the vacancy is filled in accordance with Florida law.
In order to avoid an election challenge following a tie vote, it may be prudent to contact legal counsel to review your options before proceeding.
