ByLaws

Massanutten Association NAR Approved ByLaws

BYLAWS OF THE

MASSANUTTEN ASSOCIATION OF REALTORS®, INC.

(In compliance per the NATIONAL ASSOCIATION OF REALTORS®)
November 2015 – December 2017

Article I – Name

Section 1 Name. The name of this organization shall be the Massanutten Association of REALTORS®,

Incorporated, hereinafter referred to as the “Association”.

Section 2. REALTORS®. Inclusion and retention of the Registered Collective Membership Mark

REALTORS® in the name of the Association shall be governed by the Constitution and
Bylaws of the NATIONAL ASSOCIATION OF REALTORS® as from time to time amended.

Article II – Objectives

The objectives of the Association are:

Section 1. To unite those engaged in the recognized branches of the real estate profession for the

purpose of exerting a beneficial influence upon the profession and related interests.

Section 2. To promote and maintain high standards of conduct in the real estate profession as

expressed in the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®

Section 3. To provide a unified medium for real estate owners and those engaged in the real estate

profession whereby their interests may be safeguarded and advanced.

Section 4. To further the interests of home and other real property ownership.

Section 5. To unite those engaged in the real estate profession in this community with the Virginia
Association of REALTORS® and the NATIONAL ASSOCIATION OF REALTORS®, thereby
furthering their own objectives throughout the state and nation, and obtaining the benefits and
privileges of membership therein.

Section 6. To designate, for the benefit of the public, those individuals authorized to use the term

REALTOR® and REALTORS® as licensed, prescribed, and controlled by the NATIONAL
ASSOCIATION OF REALTORS®.

Article III – Jurisdiction

Section 1. The territorial jurisdiction of the Association as a Member of the NATIONAL
ASSOCIATION OF REALTORS® is: Shenandoah County and Page County in the Commonwealth
of Virginia.

Section 2. Territorial jurisdiction is defined to mean:

(a) The right and duty to control the use of the terms REALTOR® and REALTORS®, subject to

the conditions set forth in these Bylaws and those of the NATIONAL ASSOCIATION OF

REALTORS®, in return for which the Association agrees to protect and safeguard
the property rights of the National Association of REALTORS® in the terms.

Article IV – Membership

Section 1. There shall be six classes of Members as follows:

  1. REALTOR® Members. REALTOR® Members, whether Primary or Secondary shall be:

(1) Individuals who, as sole proprietors, partners, corporate officers, or branch office managers, are engaged actively in the real estate profession, including buying, selling, exchanging, renting or leasing, managing, appraising for others for compensation, counseling, building, developing or subdividing real estate, and who maintain or are associated with an established real estate office located in the State of Virginia or a State contiguous thereto. All persons who are partners in a partnership, or all officers in a corporation who are actively engaged in the real estate profession within the State or a State contiguous thereto shall qualify for REALTOR® Membership only, and each is required to hold REALTOR® Membership (except as provided in the following paragraph) in an Association of REALTORS® within the State or a State contiguous thereto unless otherwise qualified for Institute Affiliate Membership as described in Section 1(b) of Article IV.

In the case of a real estate firm, partnership, or corporation, whose business activity is substantially all commercial, only those principals actively engaged in the real estate business in connection with the same office, or any other offices within the jurisdiction of the Association in which one of the firm’s principals holds REALTOR® membership, shall be required to hold REALTOR® membership unless otherwise qualified for Institute Affiliate Membership as described in Section 1(b) of Article IV. (Amended 01/2005)

NOTE: REALTOR® Members may obtain Membership in a “Secondary” Association in another
state.

(2) Individuals who are engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office managers and are associated with a REALTOR® Member and meet the qualifications set out in Article V.

(3) Franchise REALTORS® Membership. Corporate officers (who may be licensed or unlicensed) of a real estate brokerage franchise organization with at least one hundred fifty (150) franchisees located within the United States, its insular possessions and the Commonwealth of Puerto Rico, elected to membership pursuant to the provisions in the National Association of REALTORS® Constitution and Bylaws. Such individuals shall enjoy all of the rights, privileges and obligations of REALTOR® Membership (including compliance with the Code of Ethics) except: obligations related to Association mandated education, meeting attendance, or indoctrination classes or other similar requirements; the right to use the term REALTOR® in connection with their franchise organization’s name; and the right to hold elective office in the local Association, State Association and National Association. (Adopted 01/1996)

(4) Primary and Secondary REALTORS® Members. An individual is a Primary Member if the Association pays State and National dues based on such Member. An individual is a Secondary Member if State and National dues are remitted through another Association. One of the principals in a real estate firm must be a Designated REALTOR® Member of the Association in order for licensees affiliated with the firm to select the Association as their “Primary” Association.

(5) Designated REALTOR® Members. Each firm (or office in the case of firms with multiple office locations) shall designate in writing one REALTOR® Member who shall be responsible for all duties and obligations of Membership including the obligation to arbitrate (or to mediate if required by the Association) pursuant Article 17 of the Code of Ethics and the payment of Association dues as established in Article X of the Bylaws. The “Designated REALTOR®” must be a sole proprietor, partner, corporate officer, or branch office manager acting on behalf of the firm’s principal(s) and must meet all other qualifications for REALTOR® Membership established in Article V, Section 2, of the Bylaws. (Amended 10/2014)

(b) Institute Affiliate Members. Institute Affiliate Members shall be individuals who hold a professional designation awarded by an Institute, Society or Council affiliated with the NATIONAL ASSOCIATION OF REALTORS® that addresses a specialty area other than residential brokerage or individuals who otherwise hold a class of Membership in such Institute, Society or Council that confers the right to hold office. Any such individual, if otherwise eligible, may elect to hold REALTOR® or REALTOR®-ASSOCIATE Membership, subject to payment of applicable dues for such Membership. (Amended 01/2002)

(c) Affiliate Members. Affiliate Members shall be real estate owners and other individuals or firms who, while not engaged in the real estate profession as defined in paragraphs (a) or (b) of this Section, have interests requiring information concerning real estate, and are in sympathy with the objectives of the Association. Affiliate Membership shall also be granted to individuals licensed or certified to engage in real estate practice who, if otherwise eligible, do not elect to hold REALTOR® membership in the Association, provided the applicant is engaged exclusively in a specialty of the real estate business other than brokerage of real property.

(d) Public Service Members. Public Service Members shall be individuals who are interested in the real estate profession as employees of or affiliated with educational, public utility, governmental or other similar organizations, but are not engaged in the real estate profession on their own account or in Association with an established real estate business.

(e) Honorary Members. Honorary Members shall be individuals not engaged in the real estate profession who have performed notable service for the real estate profession, for the Association, or for the public.

(f) Student Members. Student Members shall be individuals who are seeking an undergraduate or graduate degree with a specialization or major in real estate at institutions of higher learning, and who have completed at least two years of college and at least one college level course in real estate, but are not engaged in the real estate profession on their own account or not associated with an established real estate office.

Article V – Qualification and Election

Section 1. Application.

(a) An application for Membership shall be made in such manner and form as may be prescribed by the Board of Directors and made available to anyone requesting it. The application form shall contain among the statements to be signed by the applicant (1) that applicant agrees as a condition to Membership to thoroughly familiarize himself/herself with the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, the Constitutions, Bylaws, and Rules and Regulations of the Association, the State and National Associations, and if elected a member, will abide by the Constitutions and Bylaws and Rules and Regulations of the Association, State and National Associations and, if a REALTOR® member, will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, including the obligation to arbitrate (or to mediate if required by the Association) controversies arising out of real estate transactions as specified by Article 17 of the Code of Ethics, and as further specified in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®, as from time to time amended, and (2) that applicant consents that the Association, through itsBoard of Directors or otherwise, may invite and receive information and comment about applicant from any Member or other persons, and that applicant agrees that any information and comment furnished to the Association by any person in response to the invitation shall be conclusively deemed to be privileged and not form the basis of any action for slander, libel, or defamation of character. The applicant shall, with the form of application, have access to a copy of the Bylaws, Constitution, Rules and Regulations, and Code of Ethics referred to above. (Amended 10/2014)

  1. Section 2. Qualification

(a) An applicant for REALTOR® Membership who is a sole proprietor, partner, corporate officer, or branch office manager of a real estate firm shall supply evidence satisfactory to the Association through its Board of Directors or otherwise, that he/she is actively engaged in the real estate profession, and maintains a current, valid real estate broker’s or salesperson’s license or is licensed or certified by an appropriate State regulatory agency to engage in the appraisal or real property, has a place of business within the State or a State contiguous thereto (unless a Secondary Member), has no record of recent or pending bankruptcy*, has no record of official sanctions involving unprofessional conduct**, agrees to complete a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, and shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Committee, and shall agree that if elected to Membership, he/she will abide by such Constitution, Bylaws, Rules and Regulations, and Code of Ethics. (Amended 10/2014)

*NO RECENT OR PENDING BANKRUPTCY is intended to mean that the applicant or any real estate firm, in which the applicant is a sole proprietor, general partner, corporate officer, or branch office manager, is not involved in any pending bankruptcy or insolvency proceedings or, has not been adjudged bankrupt in the past three (3) years. If a bankruptcy proceeding as described above exists, membership may not be rejected unless the Association establishes that its interests and those of its Members and the public could not be adequately protected by requiring that the bankrupt applicant pay cash in advance for any and all cost/fees associated with the Association for up to one (1) year from the date that Membership is approved or from the date that the applicant is discharged from bankruptcy (whichever is later). In the event that an existing Member initiates bankruptcy proceedings, the Member may be placed on a “cash basis” from the date that bankruptcy is initiated until one (1) year from the date that the Member has been discharged from bankruptcy.

**No record of official sanctions involving unprofessional conduct is intended to mean that
the Association may only consider:

A. judgments against the applicant within the past three (3) years of violations of (1) civil
rights laws, (2) real estate license laws, and (3) or other laws prohibiting unprofessional
conduct against the applicant rendered by the courts or other lawful authorities

  1. criminal convictions if (1) the crime was punishable by death or imprisonment in excess of one year under the law under which the applicant was convicted, and (2) no more than ten (10) years have elapsed since the date of the conviction or the release of the applicant from the confinement imposed for that conviction, whichever is the later date (Amended 05/2007)

NOTE 1: Article IV, Section 2, of the National Association of REALTORS® Bylaws prohibits Member Boards from knowingly granting REALTOR® or REALTOR-ASSOCIATE® Membership to any applicant who has an unfulfilled sanction pending which was imposed by another Association of REALTORS® for violation of the Code of Ethics. (Adopted 01/2001)

(b) Individuals who are actively engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office managers in order to qualify for REALTOR® Membership, shall at the time of application be associated either as an employee or as an independent contractor with a Designated REALTOR® Member of the Association or a Designated REALTOR® Member of another Association (if a Secondary Member) and must maintain a current, valid real estate broker’s or salesperson’s license or be licensed or certified by an appropriate State regulatory agency to engage in the appraisal of real property, and has no record of official sanctions involving unprofessional conduct, *No record of official sanctions involving unprofessional conduct is intended to mean that the Association may only consider:

  1. judgments against the applicant within the past three (3) years of violations of (1) civil rights laws, (2) real estate license laws, and (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities

  2. criminal convictions if (1) the crime was punishable by death or imprisonment in excess of one year under the law under which the applicant was convicted, and (2) no more than ten years have elapsed since the date of the conviction or the release of the applicant from the confinement imposed for that conviction, whichever is the later date (Adopted 05/2007)

* He/She shall complete a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATIONS OF REALTORS®, and shall pass such reasonable and nondiscriminatory written examinations thereon as may be required by the Membership Committee and shall agree in writing that if elected to membership he/she will abide by such Constitution, Bylaws, Rules and Regulations, and the Code of Ethics. (Amended 05/2007)

(c) The Association will also consider the following in determining an applicant’s qualifications for REALTOR® Membership:

    1. All final findings of Code of Ethics violations and violations of other Membership duties in any other Realtor® Association within the past three (3) years.

    2. Pending ethics complaints (or hearings).

    3. Unsatisfied discipline pending.

    4. Pending arbitration request (or hearings).

    5. Unpaid arbitration awards or unpaid financial obligations to this or any other Realtor® Association or Realtor® Association MLS.

    6. Any misuse of the term REALTOR® or REALTORS® in the name of the applicant’s firm.

If a Member resigns from another Association with an ethics complaint or arbitration request pending, the Association may condition Membership on the applicant’s certification that he/she will submit to the pending ethics or arbitration proceeding (in accordance with the established procedures of the association to which the applicant has made application) and will abide by the decision of the hearing panel. (Amended 10/2014)

Section 3. Election.

The procedure for election to membership shall be as follows.

(a) Applicants for REALTOR® (and REALTOR-ASSOCIATE®, where applicable) membership shall be granted provisional membership immediately upon submission of a completed application form and remittance of applicable association dues and any application fee. Provisional members shall be considered REALTORS® (or REALTOR-ASSOCIATES®) and shall be subject to all of the same privileges and obligations of membership. Provisional membership is granted subject to subsequent review of the application by the board of directors. If the board of directors determines that the individual does not meet all of the qualifications for membership as established in the association’s Bylaws, or, if the individual does not satisfy all of the requirements of membership (for example, completion of a mandatory orientation program) within 15 days from the association’s receipt of their application, membership may, at the discretion of the board of directors, be terminated.

(b) Dues shall be computed from the date of application and shall be non-refundable unless the association’s board of directors terminates the individual’s membership in accordance with Subsection (a) above. In such instances, dues shall be returned to the individual less a prorated amount to cover the number of days that the individual received association services and any application fee.

(c) The board of directors may not terminate any provisional membership without providing the provisional member with advance notice, an opportunity to appear before the board of directors, to call witnesses on his/her behalf, to be represented by counsel, and to make such statements as he/she deems relevant. The board of directors may also have counsel present. The board of directors shall require that written minutes be made of any hearing before it or may electronically or mechanically record the proceedings.

(d) If the board of directors determines that provisional membership should be terminated, it shall record its reasons with the secretary/chief staff executive [select one]. If the board of directors believes that termination of provisional membership may become the basis of litigation and a claim of damage by a provisional member, it may specify that termination shall become effective upon entry in a suit by the association for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the termination violates no rights of the individual. (Amended 10/2015)

Section 4. New Members Code of Ethics Orientation.

Applicants for REALTOR® Membership and provisional REALTOR® Members (where applicable) shall complete an orientation program on the Code of Ethics of not less than two hours and thirty minutes of instructional time. This requirement does not apply to applicants for REALTOR®

Membership or provisional members who have completed comparable orientation in another Association, provided that REALTOR® Membership has been continuous, or that any break in Membership is for one year or less.

Failure to satisfy this requirement within 180 days of the date of application (or, alternatively, the date that provisional membership was granted), will result in denial of the membership application or termination of provisional membership.

NOTE: Orientation programs must meet the learning objectives of minimum criteria established from time to time by the NATIONAL ASSOCIATION OF REALTORS®. (Adopted01/2001)

Section 5. Realtor® Code of Ethics Training.

Effective January 1, 2001, through December 31, 2004, and for successive four year periods

thereafter, each REALTOR® Member of the Association (with the exception of REALTOR® Members granted REALTOR® Emeritus status by the National Association) shall be required to complete quadrennial ethics training of not less than two hours and thirty minutes of instructional time. This requirement will be satisfied upon presentation of documentation that the Member has completed a course of instruction conducted by this or another Association, the State Association of REALTORS®, the NATIONAL ASSOCIATION OF REALTORS®, or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the NATIONAL ASSOCIATION OF REALTORS® from time to time. REALTOR® Members who have completed training as a requirement of Membership in another Association and REALTOR® Members who have completed the New Member Code of Ethics Orientation during any four year cycle shall not be required to complete additional ethics training until a new four year cycle commences.

Failure to complete the required periodic ethics training shall be considered a violation of a membership duty.

Failure to meet the requirement will result in suspension of Membership for the first two months (January and February) of the year following the end of any four (4)-year cycle or until the requirement is met, whichever occurs sooner. On March 1 of that year, the Membership of a Member who is still suspended as of that date will be automatically terminated. (Adopted 01/2001, Amended 11/2008)

Section 6. Status Changes.

(a) A REALTOR® who changes the conditions under which he/she holds membership shall be required to provide written notification to the Association within thirty (30) days. A REALTOR®(non-principal) who becomes a principal in the firm with which he/she has been licensed or, alternatively, becomes a principal in a new firm which will be comprised of REALTOR® principals may be required to satisfy any previously unsatisfied Membership requirements applicable to REALTOR® (principal) Members but shall, during the period of transition from one status of Membership to another, be subject to all of the privileges and obligations of a REALTOR® (principal). If the REALTOR® (non-principal) does not satisfy the requirements established in these Bylaws for the category of membership to which they have transferred within thirty (30) days of the date they advised the Association of their change in status, their new membership application will terminate automatically unless otherwise so directed by the Board of Directors.

A REALTOR® (or REALTOR-ASSOCIATE®, where applicable) who is transferring his/her license from one firm comprised of REALTOR® principals to another firm comprised of REALTOR® principals shall be subject to all of the privileges and obligations of membership during the period of transition. If the transfer is not completed within thirty (30) days of the date the Association is advised of the disaffiliation with the current firm, Membership will terminate automatically unless otherwise so directed by the Board of Directors. (Amended 01/1998)

NOTE: The Board of Directors, at its discretion, may waive any qualification which the applicant has already fulfilled in accordance with the Association’s Bylaws.

(b) Any application fee related to a change in Membership status shall be reduced by an amount equal to any application fee previously paid by the applicant.

(c) Dues shall be prorated from the first day of the month in which the member is notified of election by the Board of Directors and shall be based on the new membership status for the remainder of the year. (Amended 01/2005)

Article VI – Privileges and Obligations

Section 1.

The privileges and obligations of Members, in addition to those otherwise provided in these Bylaws,
shall be specified in this Article.

Section 2.

Any member of the association may be reprimanded, fined, placed on probation, suspended, or expelled by the board of directors for a violation of these Bylaws and association rules and regulations consistent with these Bylaws, after a hearing as provided in the Code of Ethics and Arbitration Manual of the association. Although members other than REALTORS® are not subject to the Code of Ethics, nor its enforcement by the association, such members are encouraged to abide by the principles established in the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® and conduct their business and professional practices accordingly. Further, members other than REALTORS® may, upon recommendation of the membership committee, or upon recommendation by a hearing panel of the professional standards committee, be subject to discipline as described above, for any conduct, which in the opinion of the board of directors, applied on a nondiscriminatory basis, reflects adversely on the terms REALTOR® or REALTORS®, and the real estate industry, or for conduct that is inconsistent with or adverse to the objectives and purposes of the local association, the State Association, and the NATIONAL ASSOCIATION OF REALTORS® (Amended 10/2015)

Section 3.

Any REALTOR® Member of the Association may be disciplined by the Board of Directors for violations of the Code of Ethics or other duties of Membership, after a hearing as described in the Code of Ethics and Arbitration Manual of the Board, provided that the discipline imposed is consistent with the discipline authorized by the Professional Standards Committee of the NATIONAL ASSOCIATION OF REALTORS® as set forth in the Code of Ethics and Arbitration Manual of the National Association.

Section 4.

Resignations of Members shall become effective when received in writing by the Board of Directors, provided, however, that if any Member submitting the resignation is indebted to the Association for dues, fees, fines, or other assessments of the Association or any of its services, departments, divisions, or subsidiaries, the Association may condition the right of the resigning Member to reapply for membership upon payment in full of all such monies owed.

Section 5.

If a Member resigns from the Association or otherwise causes membership to terminate with an ethics complaint pending, that Board of Directors may condition the right of the resigning Member to reapply for membership upon the applicant’s certification that he/she will submit to the pending ethics proceeding and will abide by the decision of the hearing panel.

(a) If a Member resigns or otherwise causes membership to terminate, the duty to submit to arbitration (or to
mediate if required by the Association) continues in effect even after membership lapses or is terminated,
provided that the dispute arose while the former member was a REALTOR®.
(Amended 11/2011)

Section 6.

REALTOR® Members, whether Primary or Secondary, in good standing whose financial obligations to the Association are paid in full shall be entitled to vote and to hold elective office in the Association; may use the terms REALTOR® and REALTORS®, which use shall be subject to the provisions of Article VIII; and have the primary responsibility to safeguard and promote the standards, interests, and welfare of the Association and the real estate profession.

(a) If a REALTOR® Member is a sole proprietor in a firm, a partner in a partnership or an officer in a corporation and is suspended or expelled, the firm, partnership, or corporation shall not use the terms REALTOR® or REALTORS® in connection with its business during the period of suspension, or until readmission to REALTOR® Membership, or unless connection with the firm, partnership, or corporation is severed, whichever may apply. The Membership of all other principals, partners, or corporate officers shall suspend or terminate during the period of suspension of the disciplined member, or until readmission of the disciplined Member, or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, whichever may apply. Further, the Membership of REALTORS® other than principals who are employed by or affiliated as independent contractors with the disciplined member shall suspend or terminate during the period of suspension of the disciplined member or until readmission of the disciplined member or until connection of the disciplined member with the firm, partnership, or corporation is severed, or unless the REALTOR® Member (non-principal) elects to sever his/her connection with the REALTOR® and affiliate with another REALTOR® Member in good standing in the Association, whichever may apply.

If a REALTOR® member who is other than a principal in a firm, partnership, or corporation is suspended or expelled, the use of the terms REALTOR® or REALTORS® by the firm, partnership, or corporation shall not be affected.*

(b) In any action taken against a REALTOR® Member for suspension or expulsion under Section 6(a) hereof, notice of such action shall be given to all REALTORS® employed by or affiliated as independent contractors with such REALTOR® Member and they shall be advised that the provisions in Article VI, Section 6(a) shall apply.

Section 7.

Institute Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors consistent with the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS®.

NOTE: Local Associations establish the rights and privileges to be conferred on Institute Affiliate Members except that no Institute Affiliate Member may be granted the right to use the term REALTOR®, REALTOR-ASSOCIATE®, or the REALTOR® logo; to serve as President of the local Association; or to be a Participant in the local Association’s Multiple Listing Service.

(Amended 01/2002)

Section 8.

Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.

Section 9.

Public Service Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.

Section 10.

Honorary Members shall confer only the right to attend meetings and participate in discussions.

Section 11.

Student Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.

Section 12.

Certification by REALTOR®. “Designated” REALTOR® Members of the Association shall certify to the Association during the month of January, on a form provided by the Association, a complete listing of all individuals licensed or certified in the REALTOR®’s office(s) and shall designate a Primary Association for each individual who holds Membership. Designated REALTORS® shall also identify any non-member licensees in the REALTOR®’s office(s) and if Designated REALTOR® dues have been paid to another Association based on said non-member licensees, the Designated REALTOR® shall identify the Association to which dues have been remitted. These declarations shall be used for purposes of calculating dues under Article X, Section 2(a) of the Bylaws. “Designated” REALTOR® Members shall also notify the Association of any additional individual(s) licensed or certified with the firm(s) within thirty (30) days of the date of affiliation or severance of the individual.

Section 13.

HARASSMENT. Any member of the Association may be reprimanded, placed on probation, suspended or expelled for harassment of an Association employee, Association Member, Association Executive Officer, or Director after a an investigation in accordance with the procedures of the Association. Disciplinary action may also consist of any sanction authorized in the Association’s Code of Ethics and Arbitration Manual. As used in this Section, harassment means any verbal or physical conduct including threatening or obscene language, unwelcome sexual advances, stalking, actions including strikes, shoves, kicks, or other similar physical contact, or threats to do the same, or any other conduct with the purpose or effect of unreasonably interfering with an individual’s work performance by creating a hostile, intimidating or offensive work environment. The decision of the appropriate disciplinary action to be taken shall be made by the investigatory team comprised of the President or President-elect and one Member of the Board of Directors selected by the highest ranking officer not named in the complaint, upon consultation with legal counsel for the Association. If the complaint names the President or President-Elect, they may not participate in the proceedings and shall be replaced by the Immediate Past President or, alternatively, by another Member of the Board of Directors selected by the highest ranking officer not named in the complaint.(Amended 10/2014)

NOTE: Suggested procedures for processing complaints of harassment are available on line at http://www.REALTOR.org/mempolweb.nsf/pages/HarassmentProcedure?OpenDocument, or from the Member Policy Department. (Amended 05/2008)

Article VII – Professional Standards and Arbitration

Section 1.

The responsibility of the Association and of the Association Members relating to the enforcement of the Code of Ethics, the disciplining of Members, and the arbitration of disputes, and the organization and procedures incident thereto shall be governed by the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®, as amended from time to time, which is by the reference incorporated into these Bylaws, provided, however, that any provision deemed inconsistent with state law shall be deleted and amended to comply with state law.

Section 2.

It shall be the duty and responsibility of every REALTOR® Member of this Association to abide by the Constitution and Bylaws and the Rules and Regulations of the Association, the Constitution and Bylaws of the Virginia Association of REALTORS®, the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS®, and to abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, including the duty to mediate and arbitrate controversies arising out of real estate transactions as specified by Article 17 of the Code of Ethics, and as further defined and in accordance with the procedures set forth in the Code of Ethics and Arbitration Manual of the Association as from time to time amended.

(Adopted 11/2011)

Section 3.

The responsibility of the Association and Association Members relating to the enforcement of the Code of Ethics, the disciplining of Members, the arbitration of disputes, and the organization and procedures incident thereto, shall be consistent with the cooperative professional standards enforcement agreement entered into by the Association, which by this reference is made a part of these Bylaws.

Article VIII – Use of the Terms REALTOR® and REALTORS®

Section 1.

Use of the terms REALTOR® and REALTORS® by Members shall, at all times, be subject to the provisions of the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS® and to the Rules and Regulations prescribed by its Board of Directors. The Board shall have the authority to control, jointly and in full cooperation with the NATIONAL ASSOCIATION OF REALTORS®, use of the terms within its jurisdiction. Any misuse of the terms by Members is a violation of a membership duty and may subject Members to disciplinary action by the Board of Directors after a hearing as provided for in the Association’s Code of Ethics and Arbitration Manual. (Amended 05/2006)

Section 2.

REALTOR® Members of the Association shall have the privilege of using the terms REALTOR® and REALTORS® in connection with their places of business within the State or a State contiguous thereto so long as they remain REALTOR® Members in good standing. No other class of Members shall have this privilege. (Amended 01/1996)

Section 3.

A REALTOR® Member who is a principal of a real estate firm, partnership, or corporation may use the terms REALTOR® and REALTORS® only if all the principals of such firm, partnership, or corporation who are actively engaged in the real estate profession within the State or a State contiguous thereto are REALTOR® Members or Institute Affiliate Members as described in Section 1(b) of Article IV.

(a) In the case of a REALTOR® Member who is a principal of a real estate firm, partnership, or corporation whose business activity is substantially all commercial, the right to use the term REALTOR® or REALTORS® shall be limited to office locations in which a principal, partner, corporate officer, or branch office manager of the firm, partnership, or corporation holds REALTOR® Membership. If a firm, partnership, or corporation operates additional places of business in which no principal, partner, corporate officer, or branch office manager holds REALTOR® Membership, the term REALTOR® or REALTORS® may not be used in any reference to those additional places of business. (Amended 01/2001)

Section 4.

Institute Affiliate Members shall not use the terms REALTOR® or REALTORS®, nor the imprint of the emblem seal of the NATIONAL ASSOCIATION OF REALTORS®.

Article IX – State and National Memberships

Section l.

The Association shall be a Member of the NATIONAL ASSOCIATION OF REALTORS® and the Virginia Association of REALTORS®. By reason of the Association’s Membership, each REALTOR® Member of the Member Association shall be entitled to membership in the NATIONAL ASSOCIATION OF REALTORS® and the Virginia Association of REALTORS® without further payment of dues and upon payment of dues as established by the Virginia Associationof REALTORS®, to Membership in the State Association. The Association shall continue as a Member of the State and National Associations, unless by a majority vote of its REALTOR® Members, decision is made to withdraw, in which case the State and National Associations shall be notified at least one month in advance of the date designated for the termination of such membership.

Section 2.

The Association recognizes the exclusive property rights of the NATIONAL ASSOCIATION OF REALTORS® in the terms REALTOR® and REALTORS®. The Association shall discontinue use of the terms in any form in its name, upon ceasing to be a Member of the National Association of REALTORS®, or upon a determination by the Board of Directors of the National Association of REALTORS® that it has violated the conditions imposed upon the terms.

Section 3.

The Association adopts the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® and agrees to enforce the Code among its REALTOR® Members. The Association and all of its Members agree to abide by the Constitution, Bylaws, Rules and Regulations, and policies of the National Association and the Virginia Association of REALTORS®.

Article X – Dues and Assessments

Section 1. Application Fee

The Board of Directors may adopt an application fee for REALTOR® Membership in reasonable amount, not exceeding three times the amount of the annual dues for REALTOR® Membership, which shall be required to accompany each application for REALTOR® Membership and which shall become the property of the Association upon final approval of the application. (Amended 01/2002)

Section 2. Dues

The Annual Dues of Members shall be as follows:

(a) REALTOR® Members. The Annual dues of each Designated REALTOR® Member shall be in such amount as established annually by the Board of Directors, plus an additional amount to be established annually by the Board of Directors times the number of real estate salespersons and licensed or certified appraisers who (1) are employed by or affiliated as independent contractors, or who are otherwise directly or indirectly licensed with such REALTOR® Member, and (2) are not REALTOR® Members of any Association in the State or a State contiguous thereto or Institute Affiliate Members of the Association. In calculating the dues payable to the Association by a Designated REALTOR® Member, non-member licensees as defined in (1) and (2) of this paragraph shall not be included in the computation of dues if the Designated REALTOR® has paid dues based on said non-member licensees in another Association in the State or a State contiguous thereto, provided the Designated REALTOR® notifies the Association in writing of the identity of the Association to which dues have been remitted. In case of a Designated REALTOR® Member in a firm, partnership, or corporation whose business activity is substantially all commercial, any assessments for non-member licensees shall be limited to licensees affiliated with the Designated REALTOR® (as defined in (1) and (2) of this paragraph) in the office where the Designated REALTOR® holds membership, and any other offices of the firm located within the jurisdiction of this Association. (Amended 01/2005)

(1) For the purpose of this Section, a REALTOR® Member of a Member Association shall be held to be any Member who has a place or places of business within the state or a state contiguous thereto and who, as a principal, partner, corporate officer, or branch office manager of a real estate firm, partnership, or corporation, is actively engaged in the real estate profession as defined in Article III, Section 1, of the Constitution of the NATIONAL ASSOCIATION OF REALTORS®. An individual shall be deemed to be licensed with a REALTOR® if the license of the individual is held by the REALTOR®, or by any broker who is licensed with the REALTOR®, or by any entity in which the REALTOR® has a direct or indirect ownership interest, and which is engaged in other aspects of the real estate business (except as provided for in Section 2(a)(1) hereof) provided that such licensee is not otherwise included in the computation of dues payable by the principal, partner, or corporate officer, or branch office manager of the entity.

A REALTOR® with a direct or indirect ownership interest in an entity engaged exclusively in soliciting and/or referring clients and customers to the REALTOR® for consideration on a substantially exclusive basis shall annually file with the Association on a form approved by the Association a list of the licensees affiliated with that entity and shall certify that all of the licensees affiliated with the entity are solely engaged in referring clients and customers and are not engaged in listing, selling, leasing, renting, managing, counseling or appraising real property. The individuals disclosed on such form shall not be deemed to be licensed with the REALTOR® filing the form for purposes of this Section and shall not be included in calculating the annual dues of the Designated REALTOR®.

The exemption for any licensee included on the certification form shall automatically be revoked upon the individual being engaged in real estate licensed activities (listing, selling, leasing, renting, managing, counseling, or appraising real property) other than referrals, and dues for the current fiscal year shall be payable.

Membership dues shall be prorated for any licensee included on a certification form submitted to the Association who during the same calendar year applies for REALTOR® or REALTOR-ASSOCIATE® Membership in the Association. However, Membership dues shall not be prorated if the licensee held REALTOR® or REALTOR ASSOCIATE® Membership during the preceding calendar year. (Amended 11/2009)

(b) REALTOR® Members. The annual dues of REALTOR® Members other than the Designated REALTOR® shall be as established by the Board of Directors. (Amended 11/2005)

(c) Institute Affiliate Members. The annual dues of each Institute Affiliate Member shall be as established in Article II of the Bylaws of the NATIONAL ASSOCIATION OF REALTORS®.

NOTE: The Institutes, Societies and Councils of the National Association of REALTORS® shall be responsible for collecting and remitting dues to the National Association of REALTORS® for Institute Affiliate Members ($105 ). The National Association of REALTORS® shall credit $35 to the account of a Local Association for each Institute Affiliate Member whose office address is within the assigned territorial jurisdiction of that Association, provided, however, if the office location is also within the territorial jurisdiction of a Commercial Overlay Board (COB), the $35 amount will be credited to COB, unless the Institute Affiliate Member directs that the dues be distributed to the other board. The National Association of REALTORS® shall also credit $35 to the account of State Associations for each Institute Affiliate Member whose office address is located within the territorial jurisdiction of the State Association. Local and State Associations may not establish any additional entrance, initiation fees or dues for Institute Affiliate Members, but may provide service packages to which Institute Affiliate Members may voluntarily subscribe. (Amended 11/2013)

(d) Affiliate Members. The annual dues of each Affiliate Member shall be as established annually by the Board of Directors. (Amended 01/2005)

(e) Public Service Members. The annual dues of each Public Service Member shall be established by the Board of Directors. (Amended 01/2005)

(f) Honorary Members. Dues payable, if any shall be at the discretion of the Board of Directors. (Amended 01/2005)

(g) Student Members. Dues payable, if any, shall be at the discretion of the Board of Directors. (Amended 01/2005 )

Section 3. Dues Payable

Dues for all Members shall be payable annually, in advance, January. Dues for new members shall be computed from the first day of the month in which a Member is notified of election and shall be prorated for the remainder of the year. (Amended 01/2005)

(a) In the event a sales licensee or licensed or certified appraiser who holds REALTOR® Membership is dropped for nonpayment of Board Dues, and the individual remains with the designated REALTOR®’s firm, the dues obligation of the “designated” REALTOR® (as set forth in Article X, Section 2(a)) will be increased to reflect the addition of a non-member licensee. Dues shall be calculated from the first day of the current fiscal year and are payable within 30 days of the notice of termination.

Section 4. Nonpayment of Financial Obligations

If dues, fees, fines, or other assessments including amounts owed to the Association are not paid within one (1) month after the due date, the nonpaying Member is subject to suspension at the discretion of the Board of Directors. Two (2) months after the due date, membership of the nonpaying Member may be terminated at the discretion of the Board of Directors. Three (3) months after the due date, membership of the nonpaying Member shall automatically terminate unless within that time the amount due is paid. However, no action shall be taken to expend or expel a Member for nonpayment of disputed amounts until the accuracy of the amount owed has been confirmed by the Board of Directors. A former member who has had his/her membership terminated for nonpayment of dues, fees, fines, or other assessments duly levied in accordance with the provisions of these Bylaws or the provisions of other Rules and Regulations of the Association or any of its services, departments, divisions or subsidiaries may apply for reinstatement in a manner prescribed for new applicants for membership, after making payment in full of all accounts due as of the date of termination.

Section 5. Deposits

All monies received by the Association for any purpose shall be deposited to the credit of the Association in a financial institution or institutions selected by resolution of the Board of Directors.

Section 6. Expenditures

The Board of Directors shall administer the day to day finances of the Association. Capital expenditures in excess of $2000.00 must be approved by the Board of Directors, Members will be notified via email and at the following Membership Meeting. (Amended 10/2014)

Section 7. Notice of Dues, Fees, Fines, Assessments, and Other Financial Obligations of Members

All dues, fees, fines, assessments, or other financial obligations to the Association shall be noticed to the delinquent Association Member in writing setting forth the amount owed and due date.

Section 8.

The dues of REALTOR® Members who are REALTOR Emeriti (as recognized by the National Association of REALTORS®), Past Presidents and Past Treasurers of the National Association of REALTORS® or recipients of the Distinguished Service Award shall be as determined by the Board of Directors. (Amended 11/2013)

NOTE: A Members Board’s dues obligation to the National Association of REALTORS® is reduced by an amount equal to the amount which the Association is assessed for a REALTOR® Member, times the number of REALTOR® Emeriti (as recognized by the National Association of REALTORS®), Past Presidents and Past Treasurers of the National Association of REALTORS®, and recipients of the Distinguished Service Award of the National Association of REALTORS® who are REALTOR® Members of the Association. The dues obligation of such individuals to the Local Association would be reduced to reflect the reduction in the Association’s dues obligation to the National Association of REALTORS®. The Association may, at its option, choose to have no dues requirement for such individuals except as may be required to meet the Association’s obligation to the State Association with respect to such individuals. Member Boards should determine whether the dues payable by the Association to the State Association are reduced with respect to such individuals. It should be noted that this does not affect a “designated” REALTOR®’s dues obligation to the Association with respect to those licensees employed by or affiliated with the “designated” REALTOR® who are not Members of the Local Association. (Amended 11/2013)

Article XI – Officers and Directors

Section l. Officers

The elected Officers of the Association shall be: a President, a President-Elect, a Secretary, and a Treasurer. (The Secretary and Treasurer may be the same person.) They shall be elected for terms of one year. No more than Officers or Directors, or an Officer and a Director affiliated with the same office, shall be on the Board during the year. If an Officer, or Director transfers to another company, and that company has (2) two Officer s or (2) two Director s, or an Officer and a Director on the Board of Directors, then the transferring Officer or Director shall step down and the Board of Directors shall elect a REALTOR® Member to complete that Officer’s or Director’s remaining term. All Officers and Directors can serve (3) three consecutive years on the Board of Directors and then shall be off the Board for (1) one year before serving again. with the exception of President-Elect.

(Admended 11/2015)

Section 2. Duties of Officers

The duties of the Officers shall be such as their titles, by general usage, would indicate and such as may be assigned to them by the Board of Directors. It shall be the particular duty of the Association Executive Officer to keep the records of the Association and to carry on all necessary correspondence with the NATIONAL ASSOCIATION OF REALTORS® and the Virginia Association of REALTORS®. (Amended 01/2005)

Section 3. Board of Directors

The governing body of the Association shall be a Board of Directors consisting of the elected officers and three (3) REALTOR® Members of the Association. Directors shall be elected to serve for terms of three years. Thereafter, as many Directors shall be elected each year as are required to fill vacancies. The immediate past President shall serve as an ex officio, non-voting, member of the Board of Directors in an advisory capacity.

Section 4. Election of Officers and Directors

(a) At least two (2) months before the annual election, a Nominating Committee of three (3) REALTOR® Members being the (3) three most current active (active meaning attending at least (3) three Membership Meetings within the last year) Past Presidents.The Nominating Committee shall select one candidate for each office and one candidate for each place to be filled on the Board of Directors. The report of the Nominating Committee shall be e-mailed to each Member eligible to vote at least three (3) weeks preceding the election. Additional candidates for the offices to be filled may be placed in nomination by petition signed by at least 20% of the REALTOR Members eligible to vote. The petition shall be filed with the Association Executive Officer at least two (2) weeks before the election. The Association Executive Officer shall send notice of such additional nominations to all Members eligible to vote before the election. (Amended 10/2014)

(b) The election of Officers and Directors shall take place at the annual November meeting. Elections shall be by ballot and all votes shall be cast in person. The ballot shall contain the names of all candidates and the officers for which they are nominated, except that, in the event that there is not more than one candidate for each office, the Secretary may be instructed by voice vote to cast a unanimous vote for each candidate.

(c) The President, with the approval of the Board of Directors, shall appoint an Election Committee of two (2) REALTOR Members to conduct the election. In case of a tie vote, the issue shall be determined by lot.

Section 5. Vacancies

Vacancies among the Officers and the Board of Directors shall be filled by a simple majority vote of the Board of Directors until the next annual election.

Section 6. Removal of Officers and Directors

In the event that an Officer or Director is deemed to be incapable of fulfilling the duties for which elected, but will not resign from office voluntarily, the Officer or Director may be removed from office under the following procedure:

(a) A petition requiring the removal of an Officer or Director and signed by not less than one-third of the voting membership or a majority of all Directors shall be filed with the President, or if the President is the subject of the petition, with the next-ranking officer, and shall specifically set forth the reasons the individual is deemed to be disqualified for further service.

(b) Upon receipt of the petition, and not less than twenty (20) days or more than forty-five (45) days thereafter, a special meeting of the voting membership of the Association shall be held, and the sole business of the meeting shall be to consider the charge against the Officer or Director, and to render a decision on such petition.

(c) The special meeting shall be noticed to all voting Members at least ten (10) days prior to the meeting, and shall be conducted by the President of the Association unless the President’s continued service in office is being considered at the meeting. In such case, the next-ranking officer will conduct the meeting of the hearing by the Members. Provided a quorum (15% of eligible members) is present, a three-fourths vote of Members present and voting shall be required for removal from office.

Section 7. Association Executive Officer.

There shall be an Association Executive Officer, appointed by the Board of Directors; the
Association Executive Officer shall have the authority to supervise other staff, if any, and to
perform duties as prescribed by the Board of Directors. (Amended 08/2012)

    1. Article XII – Meetings

Section 1. Annual Meetings

The annual meeting of the Association shall be held during November of each year, the date, place, and hour to be designated by the Board of Directors and the Member Service Committee. (Amended 10/2014)

Section 2. Meetings of Directors

The Board of Directors shall designate a regular time and place of meetings. Absence from three (3) regular meetings shall be construed as resignation. A quorum for the transaction of business shall be a majority of the Board of Directors, except as may otherwise be required by state law. (Amended 10/2014)

Section 3. Other Meetings

Meetings of the Members may be held at other times as the President or the Board of Directors may determine, or upon the written request of at least 10% of the Members eligible to vote.

Section 4. Notice of Meetings

Notice shall be given, via email to every Member entitled to participate in the meeting at least one (1) week preceding all meetings. If a special meeting is called, it shall be accompanied by a statement of the purpose of the meeting.

Section 5. Quorum

A quorum for the transaction of business at general and/or special meetings of the membership shall consist of 15% of the Members eligible to vote, except as may otherwise be required by state law. A majority of the Directors shall constitute a quorum of the Board of Directors for the transaction of business. (Amended 10/2014)

  1. Section 6. Electronic Transaction of Business

To the fullest extend permitted by law, the Board of Directors or membership may conduct business by electronic means. (Adopted 01/2005)

Article XIII – Committees

Section 1. Standing Committees

The President shall appoint from among the REALTOR® Members, subject to confirmation by the Board of Directors, the following standing committees:

  • Professional Standards

  • Member Service

  • Public Relations

  • Rules/Regulations

  • Budget & Finance

  • Grievance

  • Realtor Political Action

  • Affiliates

(Amended 10/ 2014)

Appointments to the Professional Standards Committee and Grievance Committee shall be consistent with the cooperative Professional Standards enforcement agreement of the Board.

Section 2. Special Committees

The President shall appoint, subject to confirmation by the Board of Directors, special committees as deemed necessary.

Section 3. Organization

All committees shall be of such size and shall have duties, functions, and powers as assigned by the President or the Board of Directors except as otherwise provided in these Bylaws.

Section 4. President

The President shall be an ex-officio member of all standing committees and shall be notified of their meetings.

Section 5. Attendance by Telephone. Members of a committee may participate in any meeting through the use of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Such participation shall be at the discretion of the President and shall constitute presence at the meeting. (Adopted 01/2005)

Article XIV – Fiscal and Elective Year

Section l

The fiscal and elective year of the Board shall be the calendar year.

Article XV – Rules of Order

Section l

Robert’s Rules of Order, latest edition, shall be recognized as the authority governing meetings of the Association, its Board of Directors, and committees, in all instances wherein its provisions do not conflict with these Bylaws.

Article XVI – Amendments

Section l

These Bylaws may be amended by the majority vote of the members present and qualified to vote at any meeting at which a quorum is present, provided the substance of such proposed amendment or amendments shall be plainly stated in the call for the meeting, except that the Board of Directors may, at any regular or special meeting of the Board of Directors at which a quorum is present, approve amendments to the Bylaws which are mandated by NAR policy.

Section 2

Notice of all meetings at which amendment(s) are to be considered shall be e-mailed to every member eligible to vote as evidenced by sent date, and verbal notice at the next monthly Membership Meeting following the approved admendment(s) of the Board of Directors Meeting. (Amended 10/2014)

Section 3

Amendments to these Bylaws affecting the admission or qualifications of REALTOR® and Institute Affiliate Members, the use of the terms REALTOR® and REALTORS®, or any alteration in the territorial jurisdiction of the Board shall become effective upon their approval as authorized by the Board of Directors of the NATIONAL ASSOCIATION OF REALTORS®.

Article XVII – Dissolution

Section 1.

Upon the dissolution of this Association, the Board of Directors, after providing for the payment of all obligations shall distribute any remaining assets to the Virginia Association of REALTORS®, or, within its discretion, to any non-profit tax exempt organization. (Amended 01/2005)

Article XVIII – Multiple Listing

Section 1. Authority

The Association is a stockholder in the Metropolitan Regional Information Systems (MRIS), Inc.
of Rockville, Maryland. Members of the Association obtain Multiple Listing Services from MRIS
and are subject to their rules and regulations. Fees and fines associated with membership in MRIS
are direct billed by MRIS to our Association subscribers. This Association has no management or
policy-making responsibility with respect to MRIS.

Membership Policy Statements Approved by the Board of Directors

NATIONAL ASSOCIATION OF REALTORS®

(The following policy statements are informational, and not part of the Bylaws)

Statements of Membership Policy Related to Implementation of Board of Choice

That, effective upon approval by the Board of Directors, the following statements of membership policy and amendments to the Model Association Bylaws to implement the Board of choice proposal be adopted.

The Primary Board of affiliation elected by a REALTOR® must be in the State where the REALTOR® is licensed and maintains his/her principal place of business. Licensees affiliated with a REALTOR® firm may choose as their “Primary”Association, any Association in the State where the firm maintains a “Designated” REALTOR®.

Membership shall be available in a Secondary Association on terms and conditions no more stringent than the requirements established in the Association’s Bylaws for REALTOR® and (REALTOR®-ASSOCIATE where applicable) membership. The privileges of membership shall be the same including the right to vote and hold office. Membership will be granted to individuals who hold REALTOR® or REALTOR®-ASSOCIATE Membership in their Primary Association without any requirement that the Designated REALTOR® they are licensed or affiliated with hold membership in the Secondary Association. However, MLS services will only be available if the Designated REALTOR® participates in the MLS. Association dues shall not include a national allocation since NAR dues have been paid through the Member’s Primary Association. A state allocation may only be included if the Member’s Primary Association is located in a different state.

REALTOR® shall be entitled to purchase services from boards other than their Primary Association without the necessity of holding membership in those boards. Service fees will be determined by the individual Associations. However, the Association may require that a REALTOR (principal) be licensed in the State as a condition of MLS participation. (Adopted 02/1994; amended 11/1996)

Concerning Board of Choice Across State Lines

That the membership choices currently provided under Board of Choice be expanded across state lines as follows:

Members may join a Primary Association across contiguous State lines. State Association membership would be in the State where PrimaryAssociation Membership is held. To become effective July 1, 1996, with optional Local Association adoption sooner. (Adopted 11/1995)

Portability of Membership Records (Files)

In order to facilitate timely processing of applications for membership and to assist Associations in determining an applicant’s qualification for REALTOR® or REALTOR®-ASSOCIATE Membership, Associations shall, based on a request from another Association, share information about current or former Members. Minimum “core” Member information shall include:

1. Previous applications for membership.

2. All final findings of Code of Ethics violations and violations of other membership duties in this or
any other REALTOR® Association within the past three (3) years (when available).

3. Pending complaints alleging violations of the Code of Ethics or alleging violations of other membership duties.

4. Incomplete or (pending) disciplinary measures.

5. Pending arbitration requests (or hearings).

6. Unpaid arbitration awards or unpaid financial obligations to this or any other
REALTOR® Association or its MLS.

7. Any misuse of the term REALTOR® or REALTORS® in the name of the applicant’s firm

An Association may, at its discretion, consider information received from other Associations when determining whether an applicant satisfies the Association’s membership requirements as established in the Association’s bylaws (not to exceed NAR’s Membership Qualification Criteria). (Adopted 02/1996, Amended 11/2009)

Clarification of the Term “Principal”

The term “principal” as used in the National Associations of REALTORS® Constitution and Bylaws and in other relevant policies, includes licensed or certified individuals who are sole proprietors, partners in a partnership, officers or majority shareholders of a corporation, or office managers (including branch office managers) acting on behalf of principals of a real estate firm. (Adopted 11/1996)

Secondary Membership in a Board/Association

When a Member has joined a Primary Association and paid Local, State, and National dues, Secondary Membership may be held in a Local Association in another State (provided the applicant meets all the qualifications for membership) without holding membership in that State Association, or alternatively, Secondary Membership may be held directly in the State Association without holding membership in a Local Association in that State. (Adopted 11/1996)

Membership Requirements Related to Multiple Office Locations

When considering an applicant for REALTOR® membership who is a principal in the real estate firm, Associations have an obligation to determine that all of the principals of the real estate firm who are actively engaged in the real estate business in the State are either applying for or already hold REALTOR® membership (of Institute Affiliate membership, if applicable) in a Board Association. (Adopted 11/1996 )

If an Association (Local, State, National) is notified by another Association that a REALTOR® Member has an office location elsewhere in the State that is not functioning as a “REALTOR®-office” (i.e., licensees affiliated with the office are not Members or are not accounted for under the DR dues formula) the Association where the REALTOR® holds Primary Membership shall be responsible, in cooperation with the State and National Associations, for ensuring compliance with applicable membership policies (i.e., that said licensees hold membership in the REALTOR®’s Primary Association – or some other Association in the State where the firm maintains a designated REALTOR® presence – or that dues have been paid to an Association based on non-member licensees affiliated with the office. (Adopted 11/1996)

      1. Association Satellite Offices in Other Association Jurisdictions

NAR policy does not prohibit associations from establishing satellite offices (service centers) in other Association jurisdictions. (Adopted 05/2008)

      1. Membership Recruitment Dues Incentives

NAR policy does not prohibit Associations from offering membership recruitment dues incentives. (Adopted 05/2008) (Revised 10/2014)