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This pertains to a coop in Queens. If there are an even number of board members (8), and a vote is taken, and there is a tie, is it legal for the president to always cast the deciding vote. The president says that the only time he votes is if there is a tie. That means whatever he wants he will vote that way.
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I agree with Yonkers. This was incredibly short sighted planning by the co-op’s authors since you’re now experiencing the result.
You should consult with the co-op’s attorney because you’ll need to amend the bylaws. That will normally require 2/3 of the shareholders approval to pass. This will require a coordinated effort akin to a political campaign in order for you to succeed.
Good luck!
This sentence in your question is odd: "The president says that the only time he votes is if there is a tie." Do you mean that you actually have *nine* board members and the president usually doesn't vote? Or do you mean that the president is not a board member? That would be unusual but not impossible. Some by-laws permit officers who are not directors, though the president usually has to be.
Check your by-laws, but typically, only directors can vote. If your president is a director, then he should *always* be voting, not just to break ties. And if your president isn't a director, then he usually wouldn't have a vote even in case of a tie.
If you really do have a board with only eight directors and eight votes, I agree with the other comments that this is just bad practice. You should change to an odd number of directors, following the procedures outlined in your by-laws.
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That's odd that the by-laws would allow an even-numbered amount of Board members or even allow the President to cast a deciding vote on matters. I would suggest to review the by-laws to confirm that's the case and, if so, at the next annual meeting lead an effort to change the number to 7 or 9, where the President's authority is limited in that regard. Best of luck!
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