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Old 3rd May 2011, 21:33   #1 (permalink)
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management question

we are on a complex of 14 villas and already have a manager who is one of the english owners and is doing a great job , now one of the turkish owners says he wants to stand for manager at this years AGM . my question is what happens if both men who stand for manager has 7 votes each ? does the present manager keep his position or does it go to the courts to be decided ? thanks
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Old 3rd May 2011, 23:31   #2 (permalink)
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Re: management question

Not sure but does or wouldn't the chair of your group not be entitled to a casting vote?

As you have a even number of people in your group and something that may effect all of the members then surely a casting vote system should be written into your groups minutes.

Other than that, what's the chance of a 7 for and 7 against vote?

Obviously anything you can resolve yourselves would be better than going to a court of whatever description. (Keep it in house)
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Old 3rd May 2011, 23:43   #3 (permalink)
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Re: management question

Under the standard rules (the book) the Chairman has the deciding vote (but does not vote first time around).
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Old 4th May 2011, 00:08   #4 (permalink)
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Re: management question

Yes but my point is if the vote is at 7 for 6 against, then the chairs vote could make it a stalemate of 7 - 7.

Which is why (if not already) the chair should be able to have a casting vote to avoid the stalemate situation.
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Old 4th May 2011, 07:33   #5 (permalink)
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Re: management question

If everyone's happy with the English guy, then it's unlikely that the Turk will get a look in.
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Old 4th May 2011, 07:39   #6 (permalink)
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Re: management question

there is a strong possibility of a 7-7 vote as there are 7 english votes and 7 turkish votes and they all stick together , just wanted to know if its stalemate does the current manager keep his position . thanks
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Old 4th May 2011, 07:57   #7 (permalink)
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Re: management question

Quote:
Under the standard rules (the book) the Chairman has the deciding vote (but does not vote first time around)
Surely the first time round the chairman votes as a property owner same as everyone else and only uses his Chairmans vote if there has been a tie the first time round.
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Old 4th May 2011, 08:06   #8 (permalink)
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Re: management question

Found this.

Question 1:
Is it true that the president can vote only to break a tie?
Answer:
No, it is not true that the president can vote only to break a tie. If the president is a member of the assembly, he or she has exactly the same rights and privileges as all other members have, including the right to make motions, speak in debate and to vote on all questions. However, the impartiality required of the presiding officer of an assembly (especially a large one) precludes exercising the right to make motions or debate while presiding, and also requires refraining from voting except (i) when the vote is by ballot, or (ii) whenever his or her vote will affect the result.

When will the chair's vote affect the result? On a vote which is not by ballot, if a majority vote is required and there is a tie, he or she may vote in the affirmative to cause the motion to prevail. If there is one more in the affirmative than in the negative, he or she can create a tie by voting in the negative to cause the motion to fail. Similarly, if a two-thirds vote is required, he or she may vote either to cause, or to block, attainment of the necessary two thirds. [RONR (10th ed.), p. 392-93; see also Table A, p.190 of RONR In Brief.]
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Old 4th May 2011, 14:53   #9 (permalink)
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Re: management question

The problem with all of our replies, is basically it all depends on which set of rules have been "officially" adopted by the group when it was first formed.

Or even if any rules exist at all.
If there are currently no rules in force, then they can be creating problems where they should not exist, so it;s time to set some rules once and for all.

Another question would be is it one vote per dwelling or one vote for each person on the Tapu?
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Old 4th May 2011, 15:18   #10 (permalink)
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Re: management question

According the Comdominium Law it is one vote per Tapu, not per owner on the Tapu.
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