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Bylaws Changes
Article IV, Section 1, a – (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 association mandated education, meeting attendance, or indoctrination classes or other similar requirements; the right to use the term REALTOR in connection with their franchise organization’s name; and the right to hold elective office in the local association, state association and National Association.
Rationale: Grammatical correction. Added “s” to United States.
Article IV, Section 1, (c) Affiliate Members. Affiliate members shall be real estate owners and other individuals or firms who have interests requiring information concerning real estate and are in sympathy alignment with the objectives of the association.
Rationale: Readability
Article V, Section 2, (a) An applicant for REALTOR® membership who is a sole proprietor, partner, corporate officer, or branch office manager of a real estate firm shall supply evidence satisfactory to the association through its 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, valid property management broker or associate 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/she will abide by such Constitution, Bylaws, Rules and Regulations, and Code of Ethics
Rationale: New License Type with AREC
Article V, Section 2, a,– NOTE 2: Article IV, Section 2, of the NAR Bylaws prohibits member Boards from knowingly granting REALTOR® membership to any applicant who has an unfulfilled sanction pending which was imposed by another association of REALTORS® for violation of the Code of Ethics or Fair Housing. (Adopted 1/01)
(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 a employee or as an independent contractor with a Designated REALTOR member of the association or a Designated REALTOR member of another association (if a secondary member) and must maintain a current, valid real estate broker’s or salesperson’s license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, 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 Code of Ethics and Fair Housing.
Rationale: To comply with NAR Fair Housing Requirements
Article V, Section 2- Section 3. Election
The procedure for election to membership shall be as follows.
Rationale: Duplicated line
Article V, Section 4 - Alternatively, the member may elect to pay a $250 penalty in lieu of termination, with the provision that the member attend the next available New Member Code of Ethics orientation. All new members will complete the online Code of Ethics training prior to their new member onboarding either at New Member Orientation or online.
Rationale: Clarification of new members completing the NAR Code of Ethics requirements
Article VII, Section 4 - *Added “NABOR Professional Standards administers MLS/Membership Duty and the Arkansas REALTORS® Professional Standards administers Code of Ethics.”
*Also added to Article X, Section 1 Committees
Rationale: Clarification of duties of the Professional Standards Committees
Article XI, Section 3, a – Term Limits. No director shall serve for more than two consecutive three-year terms. Immediate Past President shall not serve as an officer or director for 1 full year after their Immediate Past President term is concluded.
Rationale: Clarification of limits
Article XI, Section 4, (e) All nominees for an officer’s position on NABOR board of directors must be a REALTOR® member of NABOR and have prior service as a Director or Elected Officer for a minimum of one year from an association of REALTORS, as recognized by the Arkansas REALTORS Association prior to being nominated. Candidates will be interviewed in person by the Nominating Committee and then approved by NABOR Board of Directors and membership.
Rationale: Clarification
Article XI, Section 5 – 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. Vacancies among the officers, board of directors and NABOR Large Board Director shall be filled by appointment of the President and approved by a simple majority vote of the board of directors until the next annual election. Should we have a drop in membership resulting in a loss of a NABOR Large Board Director, the current NABOR Large Board Director who has been serving the longest is to finish their term and the other is to be removed and made a director until the end of their current term.
Rationale: Clarification of how vacancies are filled
Article XII, Section 1 – The annual meeting of the association shall be held no later than during October of each year, the date, place, and hour to be designated by the board of directors.
Rationale: Change needed to allow time to vote for NAR Large Board Directors
Article XII, Section 2 – Special Meeting. Every three years a special meeting of the association shall be held in the month of August for the election of NAR Director(s), as required by NAR. Date, place and hour to be designated by the board of directors.
Remove section and renumber section
Rationale: No longer needed. Correction made is Section 1
Article XII, Section 3 –The board of directors shall designate a regular time and place of meetings. Absence from two regular meetings OR two other meetings, per calendar year shall be considered as resignation. A regular meeting is any meeting of the NABOR Board of Directors on the schedule released at NABOR’s December Leadership Meeting or any meeting with at least 1 week notice and a zoom option The board of directors shall designate a regular time and place of meetings. Absence from three regular meetings shall be considered as resignation. An absence is excused only when the member is attending another REALTOR® association meeting held at the same time. A quorum for the transaction of business shall be a majority of the board of directors, except as may otherwise be required by state law. Tardies can also count as absences – 2 tardies of being 1-14 minutes late will equal 1 absence and a tardy of being 15 minutes or more late will equal 1 absence. An absence is excused only when the member is attending another REALTOR® association meeting, a meeting of the Arkansas Real Estate Commission or ARELLO, held at the same time. A quorum for the transaction of business shall be a majority of the board of directors, except as may otherwise be required by state law.
Rationale: Explanation of absences, tardies and excused absences
Article XII, Section 5 and 6 – Change “special” meeting to “other” meeting
Rationale: Alignment with previous changes
Article XIII, Section 1 – Affiliate, ARPAC/Legislative, Awards, Executive, Finance, Holiday Installation Banquet, MLS, Marketing/Public Relations, Nominating, Professional Development, Professional Standards, REALTOR® of the Year, Scholarship, Special Olympics Fundraising, Diversity and YPN.
Rationale: Added new Diversity Committee
Article XIX, Section 1 – The association of REALTORS® shall maintain for the use of its members and participants a Multiple Listing Service which shall be subject to the Bylaws of the association of REALTORS® and such rules and regulations as may be hereinafter adopted.
Rationale: To include users outside of our membership
Article XII, Section 5 and 6 –Notice shall be mailed or electronically transmitted to every member entitled to participate in the meeting at least one (1) week preceding all meetings. If a special an other meeting is called, it shall be accompanied by a statement of the purpose of the meeting.
Section 5. Quorum for Membership Meetings. A quorum for the transaction of business at general and/or special other meetings of the membership shall consist of those Board Members, REALTOR® Members, Institute Affiliate Members and Life Members present and qualified to vote on board business.
Rationale: Alignment with previous changes
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