Electing a three-member board: candidates’ relative vote totals matter
Editorial summary
The association successfully appealed the partial invalidation of its board election. With three seats available, the candidate receiving the fewest votes was not elected merely by reaching a particular vote total.
Narva linn, Kangelaste prospekt 42 korteriühistu · 80175430
Participants and roles
- XX — claimant and association member
- KÜ Kangelaste 42 — defendant and appellant
The dispute and the court’s decision
XX challenged the decisions of KÜ Kangelaste 42’s meeting of 12 August 2009, alleging discrepancies in minutes, proxies and vote counting. On 15 April 2011 the county court invalidated the board-election decision insofar as one candidate had not been elected, treating that candidate’s 26 votes as sufficient. The association appealed that finding.
The circuit court reviewed that particular part of the judgment. The articles provided for three board members, while four candidates stood. The special rule for electing individuals applied: candidates receiving more votes than the others are elected unless the articles impose a higher threshold. The articles’ general majority rule did not replace that rule. The candidate with 26 votes received fewer than the other candidates and could not become a fourth member of a three-member board. The court also identified an error in the county court’s majority calculation.
The appeal was allowed, the county judgment set aside and the claim to invalidate point 2 dismissed. The association had not proved its separate assertion that a later meeting confirmed the disputed decision. Costs in both instances were allocated to XX. Entry into force and actual enforcement have not been separately verified.
Outcome of this decision
The association’s appeal was allowed and XX’s claim to invalidate the board-election point dismissed. XX bears the costs of both instances.