BYLAWS
REVISED October 20, 2007
TABLE OF CONTENTS
ARTICLE I - NAME
Section 1. Name
Section 2. REALTOR® Membership Mark in Name of Association
ARTICLE II - OBJECTIVES
Section 1. Objectives
ARTICLE III – NATIONAL AND STATE MEMBERSHIPS
Section 1. Association Membership in N.A.R. and C.A.R.
Section 2. Ownership and Use of REALTOR® Membership Marks
Section 3. Adoption & Enforcement of N.A.R. Code of Ethics; Compliance with N.A.R. & C.A.R. Governing Documents & Policies
Section 4. Other Association Rules, Regulations & Policies
ARTICLE IV – JURISDICTION
Section 1. Description of Jurisdiction
Section 2. Jurisdictional Rights
ARTICLE V –MEMBERSHIP, QUALIFICATION, APPLICATION AND ACCEPTANCE
Section 1. Classes of Membership
Section 2. Qualifications for REALTOR® Members
Section 3. Qualifications for Institute Affiliate Members
Section 4. Qualifications for Affiliate Members
Section 5. Qualifications for Public Service Members
Section 6. Qualifications for Honorary Members
Section 7. Qualifications for Student Members
Section 8. Membership Application
Section 9. Prior Membership Records
Section 10. Application Review and Acceptance
Section 11. New Member Code of Ethics Orientation
Section 12. Continuing Member Code of Ethics Training
Section 13. Status Changes
Section 14. Resignation
ARTICLE VI - PRIVILEGES AND OBLIGATIONS
Section 1. Member compliance with Bylaws, Policies, Rules and Regulations
Section 2. Member Discipline
Section 3. Resignation with Pending Arbitration or Disciplinary Hearing
Section 4. Voting rights and Eligibility for Elective Office
Section 5. Privileges and Duties of REALTOR® Members
Section 6. Privileges and Duties of Institute Affiliate Members
Section 7. Privileges and Duties of Affiliate Members
Section 8. Privileges and Duties of Public Service Members
Section 9. Privileges and Duties of Honorary Members
Section 10. Privileges and Duties of Student Members
Section 11. Certification by “Designated” REALTOR®
ARTICLE VII - PROFESSIONAL STANDARDS AND ARBITRATION
Section 1. Professional Standards and Arbitration
Section 2. Member Compliance with N.A.R. and C.A.R. Constitution, Bylaws, Policies, Rules, Regulations, and Code of Ethics.
ARTICLE VIII - USE OF THE TERMS REALTOR® AND REALTORS®
Section 1. Use and Control of REALTOR® Membership Marks
Section 2. Jurisdictional Limits on Use of REALTOR® Membership Marks
Section 3. Use of REALTOR® Membership Marks Dependent on Status of Firm Principals
Section 4. Institute Affiliate Members Ineligible to Use REALTOR® Membership Marks
ARTICLE IX - DUES AND ASSESSMENTS
Section 1. Application Fee
Section 2. Dues
Section 3. Dues Payable
Section 4. Nonpayment of Financial Obligations
Section 5. Reinstatement After Termination for Nonpayment of Financial Obligations
Section 6. Deposit
Section 7. Notice of Delinquent dues, Fees, Fines, Assessments and Other Financial Obligations of Members
ARTICLE X - OFFICERS AND DIRECTORS
Section 1. Officers
Section 2. Powers and Duties of Officers
Section 3. Board of Directors
Section 4. Powers and Duties of the Association of Directors
Section 5. Election of Officers and Directors
Section 6. Vacancies
Section 7. Removal of Officers and Directors
Section 8. Expenditures
ARTICLE XI - MEETINGS
Section 1. Annual Meetings
Section 2. Meetings of Directors
Section 3. Other Meetings
Section 4. Notice of Meetings
Section 5. Quorum
ARTICLE XII - COMMITTEES
Section 1. Standing Committees
Section 2. Special Committees
Section 3. Term of Committee Appointments
Section 4. Organization
Section 5. President
Section 6. Removal
ARTICLE XIII – FISCAL AND ELECTIVE YEAR
Section 1. Fiscal Year
Section 2. Elective Year
ARTICLE XIV - RULES OF ORDER
Section 1. Robert’s Rules of Order
ARTICLE XV - AMENDMENTS
Section 1. Amendment Upon Majority Vote of Membership
Section 2. Notice
Section 3. Approval of Amendments by N.A.R.
ARTICLE XVI - DISSOLUTION
Section 1. Dissolution
ARTICLE XVII - MULTIPLE LISTING
Section 1. Authority and Governing MLS Rules
Section 2. Purpose
Section 3. MLS Committee
Section 4. Access to Comparable and Statistical Information
ARTICLE XVIII - RIGHT TO INDEMNITY
BYLAWS OF THE
SAN LUIS OBISPO ASSOCIATION OF REALTORS® , INC.
(Amended October 2007)
ARTICLE I - NAME
Section 1. Name. The name of this organization shall be the San Luis Obispo Association of REALTORS®, Incorporated, (hereinafter referred to as the “A.O.R.” the term "Association" is used when referring to any Association of REALTORS®).
Section 2. REALTOR®. Membership Mark in Name of Association. Inclusion and retention of the registered collective membership mark "REALTORS® " in the name of the A.O.R. shall be governed by the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS® (hereinafter “N.A.R.”) as from time to time amended.
ARTICLE II - OBJECTIVES
Section 1. Objectives. The objectives of the A.O.R. are:
(a) 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. The “recognized branches of the real estate profession” include buying, selling, exchanging, renting or leasing, managing, appraising for other s for compensation, financing, building, developing or subdividing real estate.
(b) To promote and maintain high standards of conduct in the real estate profession as expressed in the Code of Ethics of N.A.R. (hereinafter “Code of Ethics”).
(c) 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.
(d) To further the interests of home and other real property ownership.
(e) To unite those engaged in the real estate profession in this community with the California Association of REALTORS® (hereinafter “C.A.R.”) 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.
(f) To designate, for the benefit of the public, those individuals within the state of California authorized to use the terms REALTOR® and REALTORS® as licensed, prescribed, and controlled by N.A.R.
ARTICLE III – NATIONAL AND STATE MEMBERSHIPS
Section 1. The territorial jurisdiction of the Association as a Member of N.A.R. shall include that portion of San Luis Obispo County lying generally South of the Cuesta Grade, North of the intersection of Highway 101 and San Luis Bay Drive, East of Point Buchon and North-Westerly of Lopez Dam, including the city of San Luis Obispo.
Section 2. Jurisdictional Rights. Territorial jurisdiction is defined to mean the right and duty to control the use of the terms REALTOR® and REALTORS subject to the conditions set forth in the Bylaws and those of N.A.R., and to protect and safeguard the property rights of N.A.R. in those terms.
ARTICLE V – MEMBERSHIP, QUALIFICATION, APPLICATION AND ACCEPTANCE
Section 1. Classes of Membership. There shall be six (6) classes of membership: (1) REALTOR® Members; (2) Institute Affiliate Members; (3) Affiliate Members; (4) Public Service Members; (5) Honorary Members; and (6) Student Members.
Section 2. Qualifications for REALTOR® Members.
2.1 REALTOR® members, whether primary or secondary, who are principals, partners, corporate officers or branch office managers of real estate firms shall:
(a) Maintain a current, valid California real estate broker or salesperson license or California real estate appraisal certification or license; and
(b) Act as a sole proprietor, partner, corporate officer of a real estate firm or office manager of a real estate firm acting on behalf of the firm’s principal (s); and
(c) Remain actively engaged in the real estate profession; and
(d) Maintain or be associated with a real estate office located within the state of California or a state contiguous thereto; and
(e) Have no record of official sanctions rendered by the courts or other lawful authorities within the past three years for violations of for (i) violations of civil rights laws or real estate license laws within the past three years or; (ii) real estate license laws;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. or (iii) any felony or crime of moral turpitude.
2.2 REALTOR® members, whether primary or secondary, other than principals, partners, corporate officers, or branch office mangers of real estate firms shall:
(a) Maintain a current, valid California real estate broker or salesperson license or California real estate appraisal certification or license; and
(b) Remain actively engaged in the real estate profession; and
(c) Remain employed by or affiliated as an independent contractor with a REALTOR® member who meets the requirements in Section 2.1 of this Article V for any Association in California or a state contiguous thereto.
2.3 REALTOR® members may be franchise corporate officers as described below in Article V, Section 2.8.
2.4 Each firm shall designate in writing one “Designated REALTOR®” member who shall be responsible for the conduct of individuals affiliated with the firm and accountable to the A.O.R. for all duties and obligations of A.O.R. membership, including, but not limited to, certification as set forth in Article VI, Section 11. The “Designated REALTOR®” must be the sole proprietor, partner, corporate officer or an office manager acting on behalf of the firm’s principal(s) and must have the authority to bind the firm in arbitrations and must meet all the other qualifications for REALTOR® membership set forth in Article V, Section 2.1 of the Bylaws.
2.5 Association of Choice.
Primary Membership Licensees affiliated with a REALTOR® firm may choose as their “primary” Association any Association within California where the firm maintains a “Designated REALTOR®”. If a REALTOR® is a primary member of the A.O.R., the A.O.R. pays C.A.R. and N.A.R. dues for that individual.
(b) Secondary Membership A REALTOR® who has joined another Association as a primary member may join this A.O.R. as a secondary member. There need not be a Designated REALTOR® member of this A.O.R. for licensees to select this A.O.R. as their secondary Association. The conditions for secondary membership shall be no more stringent than for primary membership, and the privileges of membership shall be the same including the right to vote and hold office.
2.6 All persons who are partners in a partnership or officers in a corporation, and actively engaged in the real estate profession within the state of California or a state contiguous thereto or are franchise corporate officers as described below shall be ineligible for any class of membership other than REALTOR® membership. Each is required to hold REALTOR® membership individually in a local Association in California (except as provided in Section 2.7) or in a state contiguous thereto, if they meet all other qualifications set forth in Article V, Sections 2.1, 2.2, or 2.3 of the Bylaws unless they otherwise qualify for Institute Affiliate membership as described in Article V, Section 3.
2.7 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 A.O.R. 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 Article V, Section 3.
2.8 Notwithstanding any other provision herein, franchise corporate officers of real estate brokerage franchise organizations with at least one hundred fifty franchisees located within the United States, its insular possessions and the commonwealth of Puerto Rico, may be elected to membership pursuant to the Constitution and Bylaws of N.A.R. (hereinafter “Franchise Corporate Officers”). Franchise Corporate Officers may or may not be licensed for California real estate broker or salesperson or appraisal activities. Franchise Corporate Officers shall enjoy all of the rights, privileges and obligations of REALTOR® membership, including compliance with the Code of Ethics, except: obligations related to A.O.R. mandated education, meeting attendance, or indoctrination classes or other similar requirements, if any; the right to use the term REALTOR® in connection with their franchise organization’s name; and the right to hold elective office in the A.O.R., C.A.R., and N.A.R.
Section 3. Qualifications for Institute Affiliate Members. Institute Affiliate members shall be individuals who hold a professional designation awarded by a qualified Institute, Society or Council affiliate with N.A.R. 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 vote or hold office. Any such individual, if otherwise eligible, may elect to hold REALTOR® membership subject to payment of applicable dues for such membership.
Section 4. Qualifications for Affiliate Members. Affiliate members shall be real estate owners, and other individuals or firms engaged in activities related to the real estate profession, who do not qualify for REALTOR® membership. Affiliate members have interests requiring information concerning real estate and sympathy with the objectives of the A.O.R.
Section 5. Qualifications for Public Service Members. Public Service Members shall be those members who maintain an interest in the real estate profession as employees or affiliates of 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.
Section 6. Qualifications for Honorary Members. Honorary Members shall be those persons recognized by the Board of Directors as persons who have performed notable service for the real estate profession, for the A.O.R., or for the public though not engaged in the real estate profession.
Section 7. Qualifications for Student Members. Student Members shall be students enrolled in an undergraduate or graduate degree program at an institution of higher education with a specialization or major in real estate, or who are seeking to obtain a real estate license or appraiser’s license but who are not eligible for REALTOR® membership.
Section 8. Membership Application.
(a) Each applicant for membership shall submit an application in such manner and form as may be prescribed by the A.O.R. Board of Directors (hereinafter “Board of Directors) and give his or her consent that the Board of Directors, through the A.O.R. Membership Committee (hereinafter “Membership Committee”) or otherwise, may obtain information about the applicant from any member, other persons or Associations and that any information furnished to the Board of Directors by any member, person or Association shall not form the basis of any action for slander, libel or defamation of character. The Board of Directors, through its Membership committee or otherwise, may consider the following in determining an applicant’s qualifications for membership: (1) all final findings of N.A.R. Code of Ethics violations and violations of other membership duties in any other Association within the past three (3) years; (2) pending ethics complaints or hearings; (3) unsatisfied discipline pending; (4) pending arbitration requests or hearings; (5) unpaid arbitration awards or unpaid financial obligations to any other Association or Association Multiple Listing Service (“MLS”).
(b) Applicants for membership shall be familiar with and agree to abide by the Bylaws and Rules and Regulations of the A.O.R., the Bylaws of C.A.R. and the N.A.R. Constitution, Bylaws and Code of Ethics, to the extent they are applicable, and pass such reasonable and nondiscriminatory written examination thereon as may be required by the Membership Committee. Applicants must also attend an orientation program as may be required by the Board of Directors, its Membership committee, or otherwise.
(c) Applicants who are sole proprietors, general partners, corporate officers, or branch office managers (Article V, Section 2) of a real estate firm for REALTOR® membership shall certify: (1) they have no record of official sanctions rendered by the courts or other lawful authorities for within the past three years for violations of (i) violations of civil rights laws or real estate license laws within the past three years or; (ii) real estate license laws;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. or (iii) any felony or crime of moral turpitude and (2) that they have not been suspended or expelled from an Association the past three years for violations of the N.A.R. Code of Ethics.
(d) Applicants who are sole proprietors, general partners, corporate officers, or branch office managers (Article V, Section 2) of a real estate firm must disclose: (1) whether they or their firms are subject to any pending bankruptcy proceedings; and (2) whether they or their firms have been adjudged bankrupt within the past three (3) years. If the applicant is party to pending bankruptcy or insolvency proceedings or has been adjudged bankrupt within the past three (3) years, the applicant may be required to pay cash in advance for A.O.R. and MLS fees for up to one year from the date that membership is approved or from the date that the applicant is discharged from bankruptcy, whichever is later. If the Board of Directors determines that such prepayments will not protect the interests of the A.O.R. or its members, such applications may be rejected.
Section 9. Prior Membership Records. The A.O.R. may consider information received from other Associations in determining whether an applicant satisfies the A.O.R.’s membership requirements. The A.O.R. may request from any Association where the applicant held prior membership, minimum “core” information including:
(a) All final findings of Code of Ethics violations and violations of other membership duties within the past three (3) years:
(b) Pending complaints alleging violations of the code of Ethics or alleging violations of other membership duties;
(c) Incomplete or (pending) disciplinary measures;