Majority Rules
MAJORITY RULES – November 12, 2024 – Los Altos, California, USA
Rockway Community’s three elected officers were conducting official business. They sat in the only chairs available in the small reception area belonging to the accounting firm of Bean and Field. The officers were there to learn the result of the homeowner association’s latest vote. The official process demanded that all three meet in person with the accountant.
Hiring an outside accounting firm to tally and certify votes may have seemed like overkill to those not living in the Rockway Community. The HOA resorted to those drastic measures after previous votes produced obvious cheating. A paper-based procedure resulted in 64 votes cast out of 48 total households because someone copied and printed multiple ballots. Attempts at electronic voting produced similar results when some residents found a way to cast additional votes using multiple computers. Relying on a trustworthy, neutral party to certify votes via email seemed like the only way to ensure fairness.
HOA President, Gale Montana, shifted in his leather upholstered chair before addressing the other two officers. “We’ve been here so many times lately, feels like we should have our own parking spaces.”
Vice President, Nancy Stormaway, smiled and nodded. “Three times in the last month.”
“I’ve said it a hundred times, but I’ll say it again. All this voting is getting ridiculous,” Casper Sandusky, Secretary-Treasurer, added. “I wish someone would have told me the main part of this job was driving to the accountant’s office.”
“If you had to guess, how do you think the balloon vote will go?” Gale asked.
Nancy shrugged her shoulders and said, “Either way.”
Casper echoed the sentiment by adding, “No idea.”
The balloon vote started when Jacob Clauss tied helium balloons to his mailbox enclosure to celebrate his wife’s birthday. Attaching anything to a mailbox was a clear violation of HOA policy, but Jacob decided there should be an exception for birthdays. The balloons created an absolute uproar, but Jacob convinced the necessary number of residents to call for a vote on a birthday balloon provision that would allow future celebrations without penalty.
“I think this balloon thing has been even more controversial than voting on flagpoles,” Gale said thoughtfully.
“Very divisive,” Nancy replied. “And Jacob just won’t let it go. He must have sent me three messages every day to get me on his side.”
“The anti-ballooners were just as active,” Casper added. “William Fremont had a dinner party just to convince people to vote against balloons. Crazy to think about the time and energy people spent.”
Casper was interrupted when Lawrence Bean appeared wearing a gracious smile and bow tie. His hair was carefully parted and his clothing wrinkle-free. He was the Bean part of the Bean and Field firm and looked undeniably trustworthy.
“How are my favorite clients today?” Lawrence asked before shaking the officers’ hands. “I’m so sorry to keep you waiting. I got caught by a phone call.”
“No problem,” Gale replied.
“Let’s go to my office.”
Lawrence led the group back to his workspace, which had the same type of furniture as in the reception area. Nondescript photos of ferns and birds hung on his walls. His desk and bookshelves were bare and dust free. The room reeked of bland reliability.
“I know you’re eager to hear the result of the vote,” Lawrence said, moving to his computer. He sat down to read the official bylaw proposed to residents. “Balloons may be attached to the mailbox enclosure of any household during the birthday of any member of that household. The number of balloons is limited to three. Balloons of any type or color may be used. Each balloon must be no larger than two feet in any dimension.”
Lawrence looked up to make sure he had the HOA officers’ full attention. “Votes to approve the bylaw: 24. Votes against the bylaw: 24.”
Gale, the president, looked toward Nancy and Casper. “A tie? What happens in case of a tie?”
“I don’t know. I can’t remember having a tie before,” Nancy responded. “Does it say anywhere in the existing bylaws?”
“I’ve been through our code frontwards and backwards,” Casper answered. “There’s nothing about ties.”
“So now what?” Gale asked.
“You’re supposed to report the vote result to everyone,” Nancy replied. “After you send your message, then we can decide what to do.”
“Oh boy,” Gale replied with a shake of his head. “This is bound to stir up trouble.”
An hour later, Gale sent an email message to all Rockway residents informing them of the vote tally. He invited everyone to comment in an online forum and share opinions on how the tie should be handled. People immediately joined the discussion and they all agreed the balloon question could not be settled until they decided on a procedure for ties. One resident suggested the president should get an extra vote in case of a tie.
“Absolutely not!” replied one of the residents. “The president’s job is to oversee voting and enforce rules. They should not get an extra say in setting policy.”
“I agree,” another resident added. “We have the only purely democratic system in the world. We cannot endanger the fairness of one vote per household!”
Most everyone was against the extra president vote or some kind of coin flip. Someone brought up the idea of simply counting a tie vote as either a pass or a failure. Many people liked that proposal but there was no obvious agreement over whether a tie should equal a win. Gale took the next logical step and called for a vote about ties. The vote was set for seven days in the future.
“We got another vote coming your way,” Gale said to Lawrence, the accountant, on a phone call.
“You know I’m always eager to help,” Lawrence replied. “I’ll set up everything.”
For the next seven days, the Rockway Community buzzed with campaign activity, all behind closed doors of course. Posting campaign signs was a violation of strict HOA rules but phones rang and dinged to deliver calls and messages. One resident or another threw a dinner party each night as a forum for community politics.
Support and opposition to the tie-vote question split mainly along the lines established by the balloon vote. If a tie meant yes, that meant the balloon proposal could probably pass. Those who were anti-balloon realized a tie must mean no. A few undecided voters realized the long-term implications and did not want to be influenced merely by the balloons. Jacob Clauss tried to persuade anyone on the fence through invitations to lunch and pickleball games.
On the day of the vote, every household emailed an early response. Lawrence, the accountant, reported to Gale, the president, that all votes arrived by noon. An in-person meeting with all officers was scheduled for the next day to reveal the result. This time, there was no waiting in the reception area because the officers were ushered directly into Lawrence’s office.
“My favorite clients!” Lawrence said cheerily in greeting. He wore a sweater with a bow tie sticking out of the collar. “I don’t want to keep you waiting, so let’s get down to business.”
Lawrence looked at his computer screen and read the proposition on which Rockway residents voted. “A majority vote in favor of this proposition shall mean future tie votes shall result in the passage of future propositions. A majority vote against this proposition shall mean future tie votes shall result in the failure of future propositions.”
Lawrence cleared his throat. “In favor: 24. Against: 24.”
Gale looked at the other officers with disgust. “Another tie! We should have seen this coming. Now what? We’re back to square one.”
Nancy dropped her head to her chest. “We could re-suggest the idea of the president having two votes. Maybe people would go for it this time.”
Casper shook his head. “There’s no way.”
Lawrence cleared his throat again. “As you know, I remain completely neutral in your deliberations, but may I offer a suggestion? Why not simply hold another vote on the same question?”
Gale considered the idea. “I guess we could.”
“What happens if nothing changes?” Casper asked.
“Then vote again and again until something does,” Lawrence replied. “Someone is bound to change their mind to make progress.”
“I don’t know. We’re dealing with some pretty stubborn people,” Gale said in a tired voice.
“Well, that’s simply my suggestion. Perhaps you can share it with your members.”
“I will,” Gale replied. “And I have a feeling we’ll end up repeating this. I’ll probably be in touch about another vote.”
“You know I’m always happy to help Rockway any way I can.”
Lawrence stood up with the three officers and courteously walked them to the building’s front door. He smiled as he returned to his desk and recorded in his digital ledger that another Rockway vote was complete. He would send them their bill at the end of the month, with each vote costing them $2000. It was a small price to pay for fairness and the easiest money Lawrence made. If things worked out, all that voting would keep him afloat until tax season.
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