Bylaws of the
Greater Rome Board of
REALTORS®, Inc.
Adopted date September 17,
2008
Article I - Name
Section 1. Name.
The name of this organization shall be the Greater Rome Board of
REALTORS®, Incorporated, hereinafter referred to as
the "Board."
Section 2. REALTORS®.
Inclusion and retention of the Registered Collective Membership
Mark REALTORS®
in the name of the Board 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 Board 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 Georgia 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, individuals authorized to
use the terms REALTOR®
and REALTORS®
as licensed, prescribed, and controlled by the NATIONAL
ASSOCIATION OF REALTORS®.
Article III - Jurisdiction
Section 1. The territorial jurisdiction of the Board as
a Member of the NATIONAL ASSOCIATION OF REALTORS®
is:
Floyd and
Polk Counties of the State of Georgia.
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 Board agrees to protect and safeguard
the property rights of the National Association in the terms.
Article IV - Membership
Section 1. There shall be six classes of members as follows:
(a)
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 in the state of Georgia 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 a
Board 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 board 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 1/05)
NOTE:
REALTOR®
Members may obtain membership in a "secondary" Board 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 REALTOR®
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 NAR 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 board 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 board, state
association and National Association. (Adopted 1/96)
(4)
Primary and secondary REALTOR®
Members. An individual is a primary member if the Board pays
state and National dues based on such Member. An individual is a
secondary Member if state and National dues are remitted through
another Board. One of the principals in a real estate firm must
be a Designated REALTOR®
member of the Board in order for licensees affiliated with the
firm to select the Board as their "primary" Board.
(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 pursuant to
Article 17 of the Code of Ethics and the payment of Board 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.
(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 REALTORSÒ
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
REALTORÒ
or REALTOR-ASSOCIATEÒ
membership,
subject to payment of applicable dues for such membership.
(Amended 1/02)
(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
Board.
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 board, 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 Board, 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 with the Code of Ethics of the NATIONAL
ASSOCIATION OF REALTORS®,
the Constitutions, Bylaws, and Rules and Regulations of the
Board, the State and National Associations, and if elected a
Member, will abide by the Constitutions and Bylaws and Rules and
Regulations of the Board, 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 controversies arising out of real estate
transactions as specified by Article l7 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 Board, through its Membership Committee 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 Board 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.
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 Board
through its Membership Committee or otherwise that he 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 of 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
Board, 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 will abide by such
Constitution, Bylaws, Rules and Regulations, and Code of Ethics.
(Amended 1/05)
* 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 Board
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 Board and MLS fees
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 Board 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.
B.
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.
(Amended 5/07)
(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 Board or a Designated REALTOR®
Member of another Board (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,
has no record of official sanctions involving unprofessional
conduct*, shall complete a course of instruction covering the
Bylaws and Rules and Regulations of the Board, 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
examinations thereon as may be required by the Membership
Committee and shall agree in writing that if elected to
membership he will abide by such Constitution, Bylaws, Rules and
Regulations, and the Code of Ethics. (Amended 5/07)
* No
record of official sanctions involving unprofessional conduct is
intended to mean that the Board 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.
B.
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 5/07)
(c) The
Board/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 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 MLS
6. Any
misuse of the term REALTORÒ
or REALTORSÒ
in the name of
the applicant’s firm.
"Provisional" membership may be granted in instances where
ethics complaints or arbitration requests (or hearings) are
pending in other associations or where the applicant for
membership has unsatisfied discipline pending in another
association (except for violations of the Code of Ethics; See
Article V, Section 2(a) NOTE 2) provided all other
qualifications for membership have been satisfied. Associations
may reconsider the membership status of such individuals when
all pending ethics and arbitration matters (and related
discipline) have been resolved or if such matters are not
resolved within six months from the date that provisional
membership is approved. Provisional members shall be considered
REALTORS®
and shall be subject to all of the same privileges and
obligations of REALTOR®
membership. 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 5/06)
Section 3. Election
The
procedure for election to membership shall be as follows:
(a) The
Membership Committee shall determine whether the applicant is
applying for the appropriate class of membership. It shall then
give written notice to the REALTOR®
Members of such application and invite written comment. If one
or more of the REALTOR®
Members object to the approval of the application, basing such
objection on lack of qualification as set forth in these Bylaws,
the Committee shall invite any objecting Member to appear and
substantiate his objections. Objections, which are not
substantiated, shall be totally disregarded. The Committee may
not find objections substantiated without (l) informing the
applicant in advance, in writing, of the objections and
identifying the objecting Member, and (2) giving the applicant a
full opportunity to appear before the Committee and establish
his qualifications. The Committee shall thereafter make a
written report of its findings. The Membership Committee shall
conduct all proceedings with strict attention to the principles
of due process and compliance with the Bylaws of the Board.
(b)
Thereafter, within 7 days, the Membership Committee shall report
any recommendation to the Board of Directors in writing. If the
recommendation is adverse to the approval of the application,
the reasons shall be specifically stated. If any member of the
Membership Committee submits a dissenting recommendation, it
shall also be reported to the Board of Directors.
(c) The
Board of Directors shall review the qualifications of the
applicant and any recommendations of the Committee and then vote
on the applicant's eligibility for membership. If the applicant
receives a majority vote of the Board of Directors, he shall be
declared elected to membership and shall be advised by written
notice.
(d) The
Board of Directors may not reject an application without
providing the applicant with advance notice of the findings and
recommendations of the Membership Committee, an opportunity to
appear before the Board of Directors, to call witnesses on his
behalf, to be represented by counsel, and to make such
statements as he 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.
(e) If
the Board of Directors determines that the application should be
rejected, it shall record its reasons with the
Chief Staff Executive. If
the Board of Directors believes that denial of membership to the
applicant may become the basis of litigation and a claim of
damage by the applicant, it may specify that denial shall become
effective upon entry in a suit by the Board for a declaratory
judgment by a court of competent jurisdiction of a final
judgment declaring that the rejection violates no rights of the
applicant. (Amended 2/08)
Section 4. New Member
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 and
minimum criteria established from time to time by the NATIONAL
ASSOCIATION OF REALTORS®.
(Adopted 1/01)
Section 5. Continuing Member 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 satisfy this requirement shall be considered a violation of a
membership duty for which REALTOR®
membership shall be suspended until such time as the training is
completed.
Members
suspended for failing to meet the requirement for the first four
(4) year cycle (2001 through 2004) will have until December 31,
2005 to meet the requirement. Failure to meet the requirement
by that time will result in automatic termination of membership.
Failure
to meet the requirement for the second (2005 through 2008) cycle
and subsequent four (4) year cycles 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 1/01,
Amended 5/05)
Section 6. Status Changes.
(a) A
REALTOR®
who changes the conditions under which he holds membership shall
be required to provide written notification to the Board within
30 days. A REALTOR®
(non-principal) who becomes a principal in the firm with which
he 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 14 days of the date they advised the
Board 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 their 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 14 days of the date
the board is advised of the disaffiliation with the current
firm, membership will terminate automatically unless otherwise
so directed by the Board of Directors. (Amended 1/98)
(The
Board of Directors, at its discretion, may waive any
qualification which the applicant has already fulfilled in
accordance with the Board'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 affiliated with a member company
and shall be based on the new membership status for the
remainder of the year. (Amended 2/08)
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 Board may be reprimanded, fined, placed on
probation, suspended, or expelled by the Board of Directors for
a violation of these Bylaws and Board Rules and Regulations
consistent with these Bylaws, after a hearing as provided in the
Code of Ethics and Arbitration Manual of the Board. Although
Members other than REALTORS®
are not subject to the Code of Ethics nor its enforcement by the
Board, 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 Board, the State Association, and the NATIONAL
ASSOCIATION OF REALTORS®.
Section 3. Any REALTOR®
Member of the Board 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 Board
for dues, fees, fines, or other assessments of the Board or any
of its services, departments, divisions, or subsidiaries, the
Board 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 Board 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 continues in effect even after
membership lapses or is terminated, provided that the dispute
arose while the former member was a REALTOR®.
(Amended 1/00)
Section 6. REALTOR®
Members. REALTOR®
Members, whether primary or secondary, in good standing whose
financial obligations to the Board are paid in full shall be
entitled to vote and to hold elective office in the Board; 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 Board 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, or management control is relinquished,
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, or unless the REALTOR®
who is suspended or expelled removes himself from any form or
degree of management control of the firm for the term of the
suspension or until readmission to membership, whichever may
apply. Removal of an individual from any form or degree of
management control must be certified to the Board by the Member
who is being suspended or expelled and by the individual who is
assuming management control, and the signatures of such
certification must be notarized. In the event the suspended or
expelled Member is so certified to have relinquished all form or
degree of management control of the firm, the membership of
other partners, corporate officers, or other individuals
affiliated with the firm shall not be affected, and the firm,
partnership or corporation may continue to use the terms REALTOR®
and REALTORS®
in connection with its business during the period of suspension
or until the former Member is admitted to membership in the
Board. The foregoing is not intended to preclude a suspended or
expelled Member from functioning as an employee or independent
contractor, providing no management control is exercised.
Further, the membership of REALTORS®
other than principals who are employed 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 unless connection of the disciplined Member with the
firm, partnership, or corporation is severed, or management
control is relinquished, or unless the REALTOR®
Member (non-principal) elects to sever his connection with the
REALTOR®
and affiliate with another REALTOR®
Member in good standing in the Board, whichever may apply.
If a
REALTOR®
Member other than a sole proprietor in a firm, partner in a
partnership, or an officer of a corporation is suspended or
expelled, the use of the terms REALTOR®
or REALTORS®
by the firm, partnership or corporation shall not be affected.
(Adopted 3/08)
(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. 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 REALTORSÒ.
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 REALTORÒ,
REALTOR-ASSOCIATEÒ,
or the REALTORÒ
logo; to serve as President of the local association; or to be a
Participant in the local association’s Multiple Listing Service.
(Amended 1/02)
Section 8. Affiliate Members. Affiliate Members shall have rights and privileges
and be subject to obligations prescribed by the Board of
Directors.
Section 9. Public Service Members. Public Service Members shall have rights and
privileges and be subject to obligations prescribed by the Board
of Directors.
Section 10. Honorary Members. Honorary Membership shall confer only the right to
attend meetings and participate in discussions.
Section 11. Student Members. 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 Board shall certify to the Board during the month
of September on a form provided by the Board, a complete
listing of all individuals licensed or certified in the REALTOR®'s
office(s) and shall designate a primary Board 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 Board based on said non-member
licensees, the Designated REALTOR®
shall identify the Board 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 Board of any additional
individual(s) licensed or certified with the firm(s) within
seven (7) 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 or MLS employee or
Association Officer or Director after a hearing in accordance
with the established 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, and President-elect and/or Vice President 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, President-Elect or Vice President, 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.
NOTE:
Suggested procedures for processing complaints of harassment
are available online through http://www.REALTOR.org, or from the
Member Policy Department. (Amended 5/03)
Article VII - Professional
Standards and Arbitration
(Requires
verbatim adoption by member boards - - Selected Uniform
Provision)
Section 1. The
responsibility of the Board and of Board 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 this reference
incorporated into these Bylaws, provided, however, that any
provision deemed inconsistent with state law shall be deleted or
amended to comply with state law. (3/08)
Section 2. It shall be the duty and responsibility of every REALTOR®
Member of this Board to abide by the Constitution and Bylaws and
the Rules and Regulations of the Board, the Constitution and
Bylaws of the State Association, 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 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 this Board as from time to time amended.
Section 3. The
responsibility of the Board and Board 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
Board, which by this reference is made a part of these Bylaws.
(3/08)
Article VIII - Use of the
Terms REALTOR®
and REALTORS®
(Requires
verbatim adoption by member boards - - Selected Uniform
Provision)
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 5/06)
Section 2. REALTOR®
Members of the Board 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 1/96)
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 1/01)
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
(Requires
verbatim adoption by member boards - - Selected Uniform
Provision)
Section 1. The Board shall be a Member of the NATIONAL ASSOCIATION OF REALTORS®
and the Georgia Association of REALTORS®.
By reason of the Board's Membership, each REALTOR®
Member of the Member Board shall be entitled to membership in
the NATIONAL ASSOCIATION OF REALTORS®
and the Georgia Association of REALTORS®
without further payment of dues. The Board shall continue as a
Member of the State and National Associations, unless by a
majority vote of all 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 Board recognizes the exclusive property rights of the NATIONAL
ASSOCIATION OF REALTORS®
in the terms REALTOR®
and REALTORS®.
The Board shall discontinue use of the terms in any form in its
name, upon ceasing to be a Member of the National Association,
or upon a determination by the Board of Directors of the
National Association that it has violated the conditions imposed
upon the terms.
Section 3. The Board adopts the Code of Ethics of the NATIONAL ASSOCIATION OF
REALTORS®
and agrees to enforce the Code among its REALTOR®
Members. The Board and all of its Members agree to abide by the
Constitution, Bylaws, Rules and Regulations, and policies of the
National Association and the Georgia 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 Board upon
final approval of the application. (Amended 1/02)
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 Board in the state or a state contiguous thereto
or Institute Affiliate Members of the Board. In calculating the
dues payable to the Board 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
Board in the state or a state contiguous thereto, provided the
Designated REALTOR®
notifies the Board in writing of the identity of the Board to
which dues have been remitted. In the 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 board. (Amended 1/05)
(1) For
the purpose of this Section, a REALTOR®
Member of a Member Board 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 l, 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, 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, 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®.
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 5/03)
(b)
REALTOR®
Members. The annual dues of REALTOR®
Members other than the Designated REALTOR®
shall be as established annually by the Board of
Directors. (Amended 1/05)
(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 REALTORSÒ.
NOTE:
The Institutes, Societies and Councils of the National
Association shall be responsible for collecting and remitting
dues to the National Association for Institute Affiliate Members
($75.00). The National Association shall credit $25.00 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 $25.00 amount will be
credited to the COB, unless the Institute Affiliate Member
directs that the dues be distributed to the other board. The
National Association shall also credit $25.00 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 1/02)
(d)
Affiliate Members. The annual dues of each Affiliate Member
shall be as established annually by the Board of Directors.
(Amended 1/05)
(e)
Public Service Members. The annual dues of each Public Service
Member shall be as established annually by the Board of
Directors. (Amended 1/05)
(f)
Honorary Members. Dues payable, if any, shall be at the
discretion of the Board of Directors. (Amended 1/05)
(g)
Student Members. Dues payable, if any, shall be at the
discretion of the Board of Directors. (Amended 1/05)
Section 3. Dues
Payable.
Dues for all Members
shall be payable annually in advance on the first day of
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 1/05)
(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 Board or the Board's Multiple Listing Service are
not paid within one (l) 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 suspend 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 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 Board 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 and Expenditures.
Deposits and expenditures of funds shall be in accordance with
policies established by the Board of Directors. (Amended 1/05)
Section 6. Notice of Dues, Fees, Fines, Assessments, and Other Financial
Obligations of Members.
All dues, fees, fines, assessments, or other financial
obligations to the Board or Board Multiple Listing Service shall
be noticed to the delinquent Board Member in writing setting
forth the amount owed and due date.
Section 7. The dues of REALTOR®
Members who are REALTOR®
Emeriti (as recognized by the National Association), Past
Presidents of the National Association or recipients of the
Distinguished Service Award shall be as determined by the Board
of Directors.
NOTE: A
Member Board's dues obligation to the National Association is
reduced by an amount equal to the amount which the Board is
assessed for a REALTOR®
Member, times the number of REALTOR®
Emeriti (as recognized by the National Association), Past
Presidents of the National Association, and recipients of the
Distinguished Service Award of the National Association who are
REALTOR®
Members of the Board. The dues obligation of such individuals to
the local Board should be reduced to reflect the reduction in
the Board's dues obligation to the National Association. The
Board may, at its option, choose to have no dues requirement for
such individuals except as may be required to meet the Board's
obligation to the State Association with respect to such
individuals. Member Boards should determine whether the dues
payable by the Board 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 Board with respect to those licensees
employed by or affiliated with the "designated" REALTOR®
who are not Members of the local Board.
Article XI - Officers and
Directors
Section 1. Officers.
The elected officers of the Board shall be: a President, a Vice
President, a Secretary, and a Treasurer. The Secretary and
Treasurer may be the same person. They shall be elected for
terms of one year.
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 Chief Staff Executive to keep the records of the Board
and to carry on all necessary correspondence with the NATIONAL
ASSOCIATION OF REALTORS®
and the Georgia Association of REALTORS®.
(Amended 1/05)
Section 3. Board of Directors.
The governing body of the Board shall be a Board of Directors
consisting of the elected officers of the Board (President,
President-elect and Treasurer) the
immediate past President of the Board, and three REALTOR®
Members of the Board serving as local directors who shall be
elected for terms of three years or for lesser terms as may be
required to fill vacancies. Georgia Association of Realtors®
State Directors shall also serve on the Board of Directors.
(Amended, 1/2005, 4/2008)
(a) Term
Limits. No Director shall serve for more than a single
three-year term consecutively. (Adopted 1/05, Amended 4/2008)
Section 4. Election of Officers and Directors.
(a) At
least two (2) months before the annual election, a Nominating
Committee of three REALTOR®
Members shall be appointed by the President with the approval of
the Board of Directors. 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 mailed or where permitted by state
law, electronically transmitted 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
Chief Staff Executive at least two (2) weeks before the
election. The Chief Staff Executive shall send notice of such
additional nominations to all Members eligible to vote before
the election. (Amended 1/05)
(b) The
election of Officers and Directors shall take place at the
annual meeting or where permitted by state law, electronically.
(Amended 1/05)
Election
shall be by ballot and all votes shall be cast in person. The
ballot shall contain the names of all candidates and the offices
for which they are nominated.
(c) The
President, with the approval of the Board of Directors, shall
appoint an Election Committee of
three
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 from 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 Board 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 (l0) days prior to the meeting, and shall be conducted by
the President of the Board 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 is present, a
three-fourths vote of Members present and voting shall be
required for removal from office.
Section 7.
Chief Staff Executive. There shall be a Chief Staff
Executive, appointed by the Board of Directors, who shall be the
chief administrative officer of the Board. The Chief
Staff Executive shall have the authority to hire, supervise,
evaluate and terminate other staff, if any, and shall perform
such other duties as prescribed by the Board of Directors.
(Adopted 1/05)
Article XII- Meetings
Section 1. Annual Meetings.
The annual meeting of the Board shall be held during September
of each year, the date, place, and hour to be designated by the
Board of Directors. (Amended 1/05)
Section 2. Meetings of Directors.
The Board of Directors shall designate a regular time and place
of meetings. Absence from three regular meetings without an
excuse deemed valid by the Board of Directors shall be construed
as resignation.
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 20% of the Members eligible
to vote.
Section 4. Notice of Meetings.
Written notice shall be given to every Member entitled to
participate in the meeting at least one (l) 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 shall consist of 20% of
the Active members. In the event the presence of a quorum does
not exist, a majority vote of the Active Members present shall
be sufficient to ratify business already approved by the Board
of Directors. A quorum shall be needed to reverse any action
taken by the Board of Directors. (Amended 4/2008)
Section 6. Electronic Transaction of Business. To the fullest extent permitted by law, the Board of Directors or
membership may conduct business by electronic means. (Adopted
1/05)
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:
