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BYLAWS OF THE KERRVILLE BOARD OF REALTORS®, INC.
AMENDED JANUARY 19, 2006
ARTICLE I – NAME
Section 1. The name of this organization shall be the
Kerrville Board of REALTOR®S, Incorporated, hereinafter referred to as the
“Board.”
Section 2. Inclusion and retention of the Registered
Collective Membership Mark REALTOR®S in the name of the Board shall be governed
by the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTOR®S (NAR)
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 REALTOR®S.
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 TEXAS ASSOCIATION OF REALTOR®S and the
NATIONAL ASSOCIATION OF REALTOR®S, 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 terms REALTOR® and REALTOR®S as licensed,
prescribed and controlled by the NATIONAL ASSOCIATION OF REALTOR®S.
ARTICLE III – JURISDICTION
Section 1. The territorial jurisdiction of the Board as a
member Board of the NATIONAL ASSOCIATION OF REALTOR®S shall include
Kerr
County
.
Section 2. Territorial jurisdiction is defined to mean:
(A)
The right and duty to control the use of the terms REALTOR® and REALTOR®S,
subject to the conditions set forth in these Bylaws and those of the NATIONAL
ASSOCIATION OF REALTOR®S, 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, or 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 Texas 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
REALTOR®S 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.
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) 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 provision 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.
(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 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
REALTOR®S that addresses a specialty area other than residential brokerage or
individuals who otherwise hold a class of membership in such Institute, Society
of Council that confers the right to hold office.
Any such individual, if otherwise eligible, may elect to hold REALTOR®
membership, subject to payment of applicable dues for such membership.
(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 interest
requiring information concerning real estate, and are in sympathy with the
objectives of the Board.
(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 are not
associated with an established real estate office.
ARTICLE V –
QUALIFICATION AND ELECTION
Section 1. APPLICATION.
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 REALTOR®S, the Constitutions and Bylaws
and Rules and Regulations of the Board, State and National Associations, and if
elected a Member, will abide by the Constitution and Bylaws and Rules and
Regulations of the Board, State and National Association and if a REALTOR®
Member will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF
REALTOR®S including the obligation to arbitrate controversy 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 REALTOR®S, 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 by 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 Code of Ethics, Constitutions,
Bylaws, and Rules and Regulations referred to above.
Section 2. QUALIFICATION.
(A)
An applicant for REALTOR® Membership who is a principal, partner, or corporate
officer, or branch office manager of a real estate firm shall supply evidence
satisfactory to the Membership Committee that he is actively engaged in the
real estate profession, and holds a current valid real estate broker or
salesperson 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 REALTOR®S, 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.
(*) 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, or 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 would 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 judgments within the past three (3) years of violations of (1) civil
rights laws; (2) real estate license laws; (3) or other laws prohibiting
unprofessional conduct against the applicant rendered by the courts or other
lawful authorities; and (4) findings of violations of the REALTOR®S Code of
Ethics resulting in a suspension or expulsion from any Member Board/Association
in which applicant is or was a Member.
(***) Article IV, Section 2, of the
NAR 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 Board or Association of REALTOR®S for
violation of the Code of Ethics.
(B)
Individuals who are actively engaged in the real estate profession (other than
as principals, partners, or 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 an independent contractor with a Designated
REALTOR® Member of the Board or a Designated REALTOR® Member of another board
(if a secondary member); 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; 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 REALTOR®S; shall pass such
reasonable and nondiscriminatory written examinations thereon as may be
required by the Committee; and shall agree in writing that if elected to
membership they will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF
REALTOR®S, and by the Constitutions, Bylaws, and Rules and Regulations of the
local Board, State Association, and the National Association.
(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 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.
“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) (***) 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 REALTOR®S 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 of
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.
Section 3.
ELECTION.
The procedure for election to
membership shall be as follows:
(A)Applicants for REALTOR® 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 REALTOR®S 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 90 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 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.
(D) If the
Board of Directors
determines that provisional membership should be terminated, it shall record
its reasons with the Secretary.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 Board for a
declaratory judgment by a court of competent jurisdiction or a final judgment
declaring that the termination violates no rights of the individual.
Section 4. 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 60 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.
(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 date of application 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.
(D)
A REALTOR® 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 20 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.
Section 5. 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 90 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 REALTOR®S.
Section 6. 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 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 REALTOR®S, the NATIONAL
ASSOCIATION OF REALTOR®S, or any other recognized educational institution or
provider which meets the learning objectives and minimum criteria established
by the NATIONAL ASSOCIATION OF REALTOR®S 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 – 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 –
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 member who
is still suspended as of that date will be automatically terminated.
ARTICLE VI – PRIVILEGES
& 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 not
inconsistent with these Bylaws, after a hearing as provided in the Code of Ethics
and Arbitration Manual of the Board.
Although Members other than REALTOR® Members 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 REALTOR®S and conduct their business and professional practices
accordingly.Further, Members other than REALTOR® Members 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 REALTOR®S,
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 REALTOR®S.
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 REALTOR®S 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, the
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®.
Section 6. REALTOR® MEMBERS.
(A)Only REALTOR® Members, whether primary or secondary,
whose financial obligations to the Kerrville Board of REALTOR®S, Inc. are paid
in full shall be entitled to vote and to hold elective office in the Board.
(B)Only REALTOR® Members may use the term “REALTOR®” or
“REALTOR®S”, which use shall be subject to the provisions of ARTICLE VIII.
(C)REALTOR® Members have the primary responsibility to
safeguard and promote the standards, interests, and welfare of the Board and
the real estate profession.
(D)If a REALTOR® Member is a sole proprietor in a firm,
a partner in a partnership, or an officer of a corporation, and is suspended or
expelled, the firm, partnership, or corporation shall not use the terms
REALTOR® or REALTOR®S 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® or REALTOR®S in connection with its business during the
period of suspension or until the former Member is readmitted 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 REALTOR®S 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 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 server 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
REALTOR®S by the firm, partnership, or corporation shall not be affected.
(E)In any action taken against a REALTOR® Member for
suspension or expulsion under Section 6(D) hereof, notice of such action shall
be given to all REALTOR®S employed by or affiliated as independent contractors
with such REALTOR® Member and they shall be advised that the provisions in
Article VI, Section 6(D) shall apply.
(F)Resignations shall become effective only when
accepted by the
Board of Directors.
Section 7.
INSTITUTE AFFILIATE MEMBERS. Institute Affiliate
Members shall have such rights and privileges and be subject to such
obligations as are prescribed by the
Board of Directors
in compliance with the Constitution and Bylaws of the NATIONAL ASSOCIATION OF
REALTOR®S.
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.
Section 8. AFFILIATE MEMBERS. Affiliate
Members shall have such privileges and rights and be subject to such
obligations as may be prescribed by the
Board of Directors.
Section 9.
PUBLIC SERVICE MEMBERS. Public Service Members shall
have such privileges and rights and be subject to such obligations as may be
prescribed by the
Board of Directors.
Section 10. STUDENT MEMBERS. Student
Members shall have such privileges and rights and be subject to such
obligations as may be prescribed by the
Board of Directors.
Section 11.CERTIFICATION BY REALTOR®.“Designated”
REALTOR® Members of the Board shall certify to the Board during the month of
December, 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 REALTOR®S 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 30 days of the date of affiliation or severance of the
individual.
Section 12. Any member of the
association may be reprimanded, placed on probation, suspended or expelled for
harassment of an association 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
unreasonable 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.
ARTICLE
VII—PROFESSIONAL STANDARDS AND ARBITRATION
Section 1. The responsibility of the
Board and of Board Members relating to the enforcement of the Code of Ethics,
and the disciplining of Members, and the arbitration of disputes, and the
organization and procedures of incident thereto shall be governed by the Code of
Ethics and Arbitration Manual of the Board, which shall be the Code
of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF
REALTOR®S, 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.
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, and the Constitution and
Bylaws of the NATIONAL ASSOCIATION OF REALTOR®S, and to abide by the Code of
Ethics of the
NATIONAL ASSOCIATION OF REALTOR®S, 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 Board and Board
members are also responsible for the enforcement of the Code of Ethics, the
disciplining of members, the arbitration of disputes, and the organization and
procedures incident thereto, consistent with the Cooperative Professional
Standards Enforcement Agreement entered into by the Board which by this
reference is made a part of these Bylaws.
ARTICLE VIII – USE OF
THE TERMS REALTOR® AND REALTOR®S
Section 1. Use of the terms REALTOR®
and REALTOR®S by Members shall, at all times, be subject to the provisions of
the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTOR®S 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 REALTOR®S, use of the terms within
its jurisdiction.
Section 2. REALTOR® Members of the
Board shall have the privilege of using the terms REALTOR® and REALTOR®S 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.
Section 3. A REALTOR® Member who is
a principal of a real estate firm, partnership, or corporation may use the
terms REALTOR® and REALTOR®S 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 REALTOR®S
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 REALTOR®S may not be used in any reference to those additional places of
business.
Section 4. Institute Affiliate
Members shall not use the terms REALTOR® or REALTOR®S, or the imprint of the
emblem seal of the NATIONAL ASSOCIATION OF REALTOR®S.
ARTICLE IX – STATE AND
NATIONAL MEMBERSHIPS
Section 1. The Board shall be a
Member of the NATIONAL ASSOCIATION OF REALTOR®S and the Texas Association of
REALTOR®S.By reason of the Board’s Membership, each REALTOR® Member of the
Member Board shall be entitled to membership in the NATIONAL ASSOCIATION OF
REALTOR®S and the Texas Association of REALTOR®S 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 REALTOR®S in the terms
REALTOR® and REALTOR®S. 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 REALTOR®S 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 Texas
Association of REALTOR®S.
ARTICLE X – DUES, FEES,
AND FINANCES
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.
Section 2. Dues. The
annual dues of members shall be as follows:
(A)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 by the
Board of Directors
times the number of real estate salespersons and licensed or certified
appraisers who are (1) employed by or affiliated as independent contractors or
who are otherwise directly or indirectly licensed with such REALTOR® Members
and 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 Section 2(A)(1) and (2) of this
Article 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.
(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 Designated REALTOR® 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 REALTOR®S. 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) (2) below provided that such licensee is not otherwise
included in the computation of dues payable by the principal, partner,
corporate officer, or branch manager of the entity.
(2)
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® membership in the association.
However, membership dues shall not be prorated if the licensee held
REALTOR® membership during the preceding calendar year.
(B)
The annual dues of each REALTOR® Member other than the Designated
REALTOR® shall be in such amount as established by the
Board of Directors.
(C)
Institute Affiliate Members. The annual dues of each
Institute Affiliate Member shall be in such amount as established in Article II
of the Bylaws of the NATIONAL ASSOCIATION OF REALTOR®S.
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.
(D)
Affiliate Members. The annual dues of each Affiliate
Member shall be in such amount as established annually by the
Board
of Directors.
(E)
Public Service Members. The annual dues of each
public Service Member shall be in such amount as established annually by the
Board
of Directors.
(F)
Honorary Members. Dues payable, if any, shall be at
the discretion of the
Board of Directors.
(G)
Student Members. Dues payable, if any, shall be at the
discretion of the
Board of Directors.
Section 3.
Dues Payable. Dues for all members shall be payable
annually in advance on the last day of December.Dues for new members shall be
computed from the date of application and granting of provisional membership. A
25% penalty will be assessed if dues of current members are not paid by January
15th.
(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 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 (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 suspend or expel a Member for
nonpayment of disputed amounts until the
Board of
Directors
has confirmed the accuracy of the amount owed. 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.
Deposit. All monies received by the Board for any
purpose shall be deposited to the credit of the Board in a financial
institution or institutions elected by resolution of the
Board of
Directors.
Section 6.
Expenditures. The
Board of
Directors
shall administer the finances of the Board, but shall not incur an obligation
in excess of $25.00 over the available cash on hand without authorization by
vote of a majority of all of the Active members.
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 Board or Board Multiple
Listing Service shall be noticed to the delinquent Board member in writing
setting forth the amount owed and due date.
ARTICLE
XI – OFFICERS AND DIRECTORS
Section 1.
Officers. The elective officers of the Board shall be
a President, Vice-President/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.
(A)
No person shall be qualified to serve as President, Vice-President or
Secretary/Treasurer of the Board until he/she has been a member of the Board
for a minimum of three consecutive years prior to being nominated, and has
served on at least one committee.Similar experience in another board may be
considered in meeting these requirements.
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 Secretary to keep the records of
the Board and to carry on all necessary correspondence with the NATIONAL
ASSOCIATION OF REALTOR®S and the Texas Association of REALTOR®S.
(A)
The Vice-President/President-elect shall have the same duties as
provided for in these Bylaws.He shall succeed to the office of President in the
event of the death, disability, removal from office or resignation of the
President. The Vice
President/President-elect shall succeed to the office of President upon
completion of his elective year unless he has succeeded to the office of
President through the failure of the President to fill his term of office for
any reason; in such case he shall fill the unexpired term of the President and
in addition shall then succeed to the office of the President for a full term.
Section 3.
Board of Directors.
The
Board of Directors
shall consist of the elective officers and three Members of the Board.
The outgoing President shall serve as a non-voting advisor to the
Board of Directors
for a one-year term.Directors shall be elected to serve for terms of three (3)
years, except that at organization, one-third of the elective Directors shall
be elected for terms of one, two and three years, respectively, or for such
lesser terms as may be necessary to complete the first fiscal year. Thereafter,
as many Directors shall be elected each year as are required to fill vacancies.
(A)
No person shall serve as a Director unless he/she has been an active
member of one committee of the Board. Similar experience in another board may
be considered in meeting this requirement.
Section 4. Election of Officers and
Directors.
(A)At least two 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 elected
office to be filled and one candidate for each Director place to be filled.
The report of the nominating committee shall be noticed* to each
REALTOR® Member at least three weeks preceding the election.
Additional candidates for the offices to be filled may be placed in
nomination by a petition signed by 10% of the REALTOR® Members.
The petition shall be filed with the Secretary at least two weeks before
the election week.The Secretary shall send notice of such additional
nominations to all REALTOR® Members ten (10) business days before the election.
*Notice as used throughout these
Bylaws includes, but is not limited to fax, e-mail, publication in the Board’s
newsletter or by mail.
(B)The election of Officers and Directors shall be by
ballot during the first full week of October. The
ballot can be cast in person at the Board Office during regular office hours;
however, electronic voting
shall be permitted during this time period. If no candidate receives a majority
under the aforementioned rules, the
Board
of Directors
will set the date for a run off election to be held within 30 days, using the
same rules as apply to the regular election. Election shall be by ballot and
all votes shall be cast in person. The
ballot shall contain the names of all candidates and the office 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.
Section 5. 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 (10) 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.
ARTICLE
XII – MEETINGS
Section 1.
Annual Meetings. The annual meeting of the Board shall
be held on the 4th
Tuesday of October of each year at a place and hour to be designated by the
Board of Directors.
Section 2.
Meetings of Directors. The
Board of
Directors
shall designate a regular time and place of meetings.
Absence from three consecutive regular meetings without an excuse deemed
valid by the
Board
of Directors
shall be construed as resignation there from.
Section 3.
Other Meetings. Meetings of the Members shall be held
at such other times as the President or the
Board of
Directors
may determine, or upon the written request of at least ten percent of the
REALTOR® Members.
Section 4.
Notice of Meetings. Notice
shall be given to every member entitled to participate in the meeting at least
one week preceding all meetings. If
a special meeting is called, a statement of the purpose of the meeting shall
accompany it.An emergency meeting called by the
Board of Directors
may be noticed by phone contact.Any action at such emergency meeting may be
ratified by 55% of the membership.
Section 5.
Quorum. A quorum for the transaction of business shall
consist of ten percent (10%) of the REALTOR® Members present in person.
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
Legislative Public Relations
Education
Bylaws
Finance Program Multiple Listing Service
Equal Opportunity
Grievance
Appointment 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, such special
committees as he/she may deem necessary.
Section 3.
Organization. All committees shall be of such size and
shall have such duties, functions and powers as may be assigned to them 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.
REALTOR® Planning Committee. Each year, the President
shall appoint members to serve as the official Board representatives at all
City of
Kerrville Planning
and Zoning meetings,
County
Commissioners
, Kerr Central Appraisal District, Environmental Department
meetings, and at such other meetings or functions as the President shall so
designate.
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