Serving consumers and REALTORS® in southwestern Illinois since 1943.
Association Bylaws
Greater Gateway Association of REALTORS ® , Incorporated
Association Bylaws
VERSION 1.4.2 as approved, February 2006 (Adopted date July 17, 1997 AS AMENDED November 2002, AS AMENDED May 2004, AS AMENDED February 2006, AS AMENDED December 2008)
* An official copy of these bylaws is located at the association office.
Article I - Name
Section l. Name. The name of this organization shall be the GREATER GATEWAY ASSOCIATION of REALTORS ®, Incorporated, hereinafter referred to as the "Association."
Section 2. REALTORS ®. Inclusion and retention of the registered collective membership mark REALTORS® in the name of the 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 l.
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 Illinois 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 l. The territorial jurisdiction of the Board as a member of the National Association of REALTORS® is:
all of the counties of Jersey, Calhoun, Bond; the southern portion of Macoupin County south of Route 16; and all of Madison County excluding the city of Granite City, Nameoki and Venice townships, and that part of Chouteau Township that lies south of the east side levee and drainage district diversion channel in Madison County.
Section 2. Territorial jurisdiction is defined as:
(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 I. There shall be six classes of members as follows:
(a) REALTOR® members. REALTOR® members, whether primary or secondary shall be:
(l) 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 Illinois 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 l (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 offices, 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.
(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 150 franchisees located within the United States, its insular possessions and the commonwealth of Puerto Rico, elected to membership pursuant to the provisions in the National Association of REALTORS® constitution and bylaws. Such individuals shall enjoy all of the rights, privileges and obligations of REALTOR® membership (including compliance with the Code of Ethics) except: obligations related to board mandated education, meeting attendance, 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 (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.
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 offices, 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.
(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 150 franchisees located within the United States, its insular possessions and the commonwealth of Puerto Rico, elected to membership pursuant to the provisions in the National Association of REALTORS® constitution and bylaws. Such individuals shall enjoy all of the rights, privileges and obligations of REALTOR® membership (including compliance with the Code of Ethics) except: obligations related to board mandated education, meeting attendance, 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 (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 REALTORS® that addresses a specialty area other than residential brokerage or individuals who otherwise hold a class of membership in such institute, society or council that confers the right to hold office. Any such individual, if otherwise eligible, may elect to hold
REALTOR® or REALTOR-ASSOCIATE® membership, subject to payment of applicable dues for such membership.
REALTOR® or REALTOR-ASSOCIATE® 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 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 estate.
(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 l. 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 (l) 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 Membership Committee 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 designated 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.
NOTE 1: 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 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 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 year from the date that the member has been discharged from bankruptcy.
NOTE 2: 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 is imposed by another board or association of REALTORS® for violation of the Code of Ethics.
NOTE 3: No record of official sanctions involving unprofessional conduct is intended to mean that the Board may only consider judgments within the past three 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.
NOTE 2: 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 is imposed by another board or association of REALTORS® for violation of the Code of Ethics.
NOTE 3: No record of official sanctions involving unprofessional conduct is intended to mean that the Board may only consider judgments within the past three 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.
(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, 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.
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.
(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.
6. Any misuse of the term REALTOR® or REALTORS® in the name of the applicant’s firm (amended 06/2006). "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.
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 REALTOR® or REALTORS® in the name of the applicant’s firm (amended 06/2006). "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.
Section 3. Election.
The Procedure for election to membership shall be as follows:
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 REALTORS® and shall be subject to all of the same privileges and obligations of membership. The Board of Directors grants provisional membership subject to subsequent review of the application. 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 within 90 days from the Association’s receipt of their application, membership, at the discretion of the Board of Directors, may be terminated. Upon the recommendation of the Membership Committee and approval of the Board of Directors,
the membership period of an applicantU,U when requestedU,U may be extended for one period of no more that 90 days provided notification is promptly reported to the Association office.
(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 on 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 reason with the Secretary. If the Board of Directors believes that termination of the 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 declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the termination violates no rights of the individual
Section 4. New Member Code of Ethics Orientation.
Applicants for REALTOR® membership and provisional REALTOR® members shall complete an orientation program of the Code of Ethics of no less than two hours and 30 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. The orientation program must meet
the learning objectives and minimum criteria established from time to time by the National Association of REALTORS®.
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 REALTORS® who have been granted REALTOR® Emeritus status by the National Association of REALTORS®) shall be required to complete quadrennial ethics training of no less than two hours and 30 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 Illinois Association of REALTORS®, the National Association of REALTORS®, or any other recognized educational institution or provider that 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, revised 5/05)
Section 6. Status Changes.
(a) A REALTOR® who changes the conditions under which they hold membership shall be required to provide written notification to the Board within 30 days. A REALTOR® (nonprincipal) 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 30 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 30 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. (The Board of Directors, at its discretion, may waive any qualification that 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 quarter 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.
Article VI - Privileges and Obligations
Section I. 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®.
Section 6. 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.
the membership period of an applicantU,U when requestedU,U may be extended for one period of no more that 90 days provided notification is promptly reported to the Association office.
(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 on 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 reason with the Secretary. If the Board of Directors believes that termination of the 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 declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the termination violates no rights of the individual
Section 4. New Member Code of Ethics Orientation.
Applicants for REALTOR® membership and provisional REALTOR® members shall complete an orientation program of the Code of Ethics of no less than two hours and 30 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. The orientation program must meet
the learning objectives and minimum criteria established from time to time by the National Association of REALTORS®.
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 REALTORS® who have been granted REALTOR® Emeritus status by the National Association of REALTORS®) shall be required to complete quadrennial ethics training of no less than two hours and 30 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 Illinois Association of REALTORS®, the National Association of REALTORS®, or any other recognized educational institution or provider that 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, revised 5/05)
Section 6. Status Changes.
(a) A REALTOR® who changes the conditions under which they hold membership shall be required to provide written notification to the Board within 30 days. A REALTOR® (nonprincipal) 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 30 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 30 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. (The Board of Directors, at its discretion, may waive any qualification that 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 quarter 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.
Article VI - Privileges and Obligations
Section I. 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®.
Section 6. 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, whichever may apply. The membership of all other principals, partners, or corporate officers shall suspend or terminate during the period of suspension of the disciplined member, or until readmission of the disciplined member, or unless connection of the disciplined member with the firm, partnership, or corporation is severed, whichever may apply. Further, the membership of REALTORS® other than principals who are employed by or affiliated as independent contractors with the disciplined member shall suspend or terminate during the period of suspension of the disciplined member or until readmission of the disciplined member or until connection of the disciplined member with the firm, partnership, or corporation is severed, or unless the REALTOR® member (non-principal) elects to sever his/her connection with the REALTOR® and affiliate with another REALTOR® member in good standing in the Board, whichever may apply. If a REALTOR® member who is other than a principal in a firm, partnership, or corporation is suspended or expelled, the use of the terms
REALTOR® or REALTORS® by the firm, partnership, or corporation shall not be affected.
(b) In any action taken against a REALTOR® member for suspension or expulsion under Section 6(a) hereof, notice of such action shall be given to all REALTORS® employed by or affiliated as independent contractors with such REALTOR® member, and they shall be advised that the provisions in Article VI, Section 6(a) shall apply.
REALTOR® or REALTORS® by the firm, partnership, or corporation shall not be affected.
(b) In any action taken against a REALTOR® member for suspension or expulsion under Section 6(a) hereof, notice of such action shall be given to all REALTORS® employed by or affiliated as independent contractors with such REALTOR® member, and they shall be advised that the provisions in Article VI, Section 6(a) shall apply.
Section 7. Institute affiliate members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors consistent with the constitution and bylaws of the National Association of REALTORS®. No institute affiliate member may be granted the right to use the term REALTOR®, REALTOR-ASSOCIATE® or the REALTOR® logo; to serve as President; or to be a participant in the Association’s Multiple Listing Service.
Section 8. Affiliate members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.
Section 9. Public service members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.
Section 10. Honorary membership shall confer only the right to attend meetings and participate in discussions.
Section 11. Student members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.
Section 12. Certification by REALTOR®.U Designated REALTOR® members of the Board shall certify to the Board during the month of April 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 30 days of the date of affiliation or
severance of the individual.
Section 13. Harassment. Any member of the Association may be reprimanded, placed on probation, suspended or expelled for harassment of a Board 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 Chairman of the Board, Chairman Elect or Vice Chairman, 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 Chairman of the Board, Chairman-Elect or Vice Chair they may not participate in the proceedings and shall be replaced by the immediate Past President/Chairman 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, the disciplining of members, 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.
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 Association and Association members relating to the enforcement of the Code of Ethics, the disciplining of members, the arbitration of disputes, and the organization and procedures incident thereto, shall be consistent with the cooperative professional standards enforcement agreement entered into by the Association, which by this reference is made a part of these bylaws.
Article VIII - Use of the Terms REALTOR® and REALTORS®
Section l. 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®’s 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 06/2006).
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.
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 of the Board 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.
Section 4. Institute affiliate members shall not use the terms REALTOR® or REALTORS®, nor the imprint of the emblem seal of the National Association of REALTORS®.
Article IX - State and National Memberships
Section l. The Board shall be a member of the National Association of REALTORS® and the Illinois 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 Illinois 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 a 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 Illinois Association of REALTORS®.
Article X - Dues and Assessments
Section l. 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) 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 amount equal to be established annually by the Board of Directors times the number of real estate salespersons and
licensed or certified appraisers who (l) 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 assessment for non-member licensees shall be limited to licensees affiliated with the designated REALTOR® (as defined in (1) and (2) of this paragraph) in the office where the designated REALTOR® holds membership, and any other offices of the firm located within the jurisdiction of this
Association.
(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, or corporate officer, or branch office manager of the entity.
A REALTOR® with a direct or indirect ownership interest in an entity engaged exclusively in soliciting and/or referring clients and customers to the REALTOR® for consideration on a substantially exclusive basis shall annually file with the association on a form approved by the association a list of the licensees affiliated with that entity and shall certify that all of the licensees affiliated with the entity are solely engaged in referring clients and customers and are not engaged in listing, selling, leasing, 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) REALTOR® Members. The annual dues of REALTOR® members other than the designated REALTOR® shall be in such amount as established annually by the Board of Directors. (c) Institute Affiliate Members. The annual dues of each institute affiliate member shall be as
established in Article II of the bylaws of the National Association of REALTORS®. (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. Dues payable, if any, shall be at the discretion of 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 first day of January. Dues shall be computed from the first day of the quarter from the date of application and granting of provisional membership.
(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.
(a) Membership Dues: If annual membership dues are not paid by February 1, one month after the date due, the non-paying member shall be automatically suspended. A member who has had his membership placed on suspension for non-payment of his annual dues shall be assessed an amount to be determined by the Board of Directors during the time of suspension until the amount is paid in full. March 1, two months after the due date, membership of the non-paying member hall automatically terminate unless within that time the total 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 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.
(b) Fees, Fines, or Other Assessments. If fees, fines, or other assessments, including amounts owed to the Association or the Association’s Multiple Listing Service, are not paid within one month after the date due, the non-paying member is subject to suspension at the discretion of the Board of Directors. Two months after the due date, membership of the non-paying 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 non-payment 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 non-payment of fees, fines, or other assessments duly levied in accordance with the provisions of these bylaws, or the provisions of other rules and regulations of the Association or any of its services, departments, divisions, or subsidiaries may apply for reinstatement in a manner prescribed for new applicants for membership after making payment in full of all accounts due as of the date of termination.
Section 5. 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 selected by resolution of the Board of Directors.
Section 6. Expenditures. The Board of Directors shall administer the day-to-day finances of the Board. Capital expenditures in excess of $10,000 may not be made unless authorized by 51 percent of the REALTOR® members in attendance at a General Membership meeting and
eligible to vote.
Section 7. Notice of Dues, Fees, Fines, Assessments, or Other Financial Obligations of Members.
All dues, fees, fines, assessments, or other financial obligations to the Association or Board of the Multiple Listing Service shall be noticed to the delinquent Board member in writing setting forth the due date and amount owed.
Section 8. 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.
Section 9. Transfers. The Board of Directors shall annually establish a transfer fee assessed to each person changing offices within the Association and from another REALTOR® Association within the state of Illinois. The transferring REALTOR® will be required to provide proof of completion of an Association’s Indoctrination class, which included training on the Code of Ethics, Fair Housing, and Antitrust. In the event that a transferring REALTOR® cannot provide the required proof of completion as stated, they will be required to apply in the manner prescribed for new members.
Article XI - Officers and Directors
Section 8. Affiliate members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.
Section 9. Public service members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.
Section 10. Honorary membership shall confer only the right to attend meetings and participate in discussions.
Section 11. Student members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.
Section 12. Certification by REALTOR®.U Designated REALTOR® members of the Board shall certify to the Board during the month of April 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 30 days of the date of affiliation or
severance of the individual.
Section 13. Harassment. Any member of the Association may be reprimanded, placed on probation, suspended or expelled for harassment of a Board 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 Chairman of the Board, Chairman Elect or Vice Chairman, 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 Chairman of the Board, Chairman-Elect or Vice Chair they may not participate in the proceedings and shall be replaced by the immediate Past President/Chairman 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, the disciplining of members, 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.
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 Association and Association members relating to the enforcement of the Code of Ethics, the disciplining of members, the arbitration of disputes, and the organization and procedures incident thereto, shall be consistent with the cooperative professional standards enforcement agreement entered into by the Association, which by this reference is made a part of these bylaws.
Article VIII - Use of the Terms REALTOR® and REALTORS®
Section l. 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®’s 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 06/2006).
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.
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 of the Board 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.
Section 4. Institute affiliate members shall not use the terms REALTOR® or REALTORS®, nor the imprint of the emblem seal of the National Association of REALTORS®.
Article IX - State and National Memberships
Section l. The Board shall be a member of the National Association of REALTORS® and the Illinois 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 Illinois 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 a 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 Illinois Association of REALTORS®.
Article X - Dues and Assessments
Section l. 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) 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 amount equal to be established annually by the Board of Directors times the number of real estate salespersons and
licensed or certified appraisers who (l) 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 assessment for non-member licensees shall be limited to licensees affiliated with the designated REALTOR® (as defined in (1) and (2) of this paragraph) in the office where the designated REALTOR® holds membership, and any other offices of the firm located within the jurisdiction of this
Association.
(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, or corporate officer, or branch office manager of the entity.
A REALTOR® with a direct or indirect ownership interest in an entity engaged exclusively in soliciting and/or referring clients and customers to the REALTOR® for consideration on a substantially exclusive basis shall annually file with the association on a form approved by the association a list of the licensees affiliated with that entity and shall certify that all of the licensees affiliated with the entity are solely engaged in referring clients and customers and are not engaged in listing, selling, leasing, 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) REALTOR® Members. The annual dues of REALTOR® members other than the designated REALTOR® shall be in such amount as established annually by the Board of Directors. (c) Institute Affiliate Members. The annual dues of each institute affiliate member shall be as
established in Article II of the bylaws of the National Association of REALTORS®. (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. Dues payable, if any, shall be at the discretion of 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 first day of January. Dues shall be computed from the first day of the quarter from the date of application and granting of provisional membership.
(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.
(a) Membership Dues: If annual membership dues are not paid by February 1, one month after the date due, the non-paying member shall be automatically suspended. A member who has had his membership placed on suspension for non-payment of his annual dues shall be assessed an amount to be determined by the Board of Directors during the time of suspension until the amount is paid in full. March 1, two months after the due date, membership of the non-paying member hall automatically terminate unless within that time the total 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 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.
(b) Fees, Fines, or Other Assessments. If fees, fines, or other assessments, including amounts owed to the Association or the Association’s Multiple Listing Service, are not paid within one month after the date due, the non-paying member is subject to suspension at the discretion of the Board of Directors. Two months after the due date, membership of the non-paying 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 non-payment 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 non-payment of fees, fines, or other assessments duly levied in accordance with the provisions of these bylaws, or the provisions of other rules and regulations of the Association or any of its services, departments, divisions, or subsidiaries may apply for reinstatement in a manner prescribed for new applicants for membership after making payment in full of all accounts due as of the date of termination.
Section 5. 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 selected by resolution of the Board of Directors.
Section 6. Expenditures. The Board of Directors shall administer the day-to-day finances of the Board. Capital expenditures in excess of $10,000 may not be made unless authorized by 51 percent of the REALTOR® members in attendance at a General Membership meeting and
eligible to vote.
Section 7. Notice of Dues, Fees, Fines, Assessments, or Other Financial Obligations of Members.
All dues, fees, fines, assessments, or other financial obligations to the Association or Board of the Multiple Listing Service shall be noticed to the delinquent Board member in writing setting forth the due date and amount owed.
Section 8. 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.
Section 9. Transfers. The Board of Directors shall annually establish a transfer fee assessed to each person changing offices within the Association and from another REALTOR® Association within the state of Illinois. The transferring REALTOR® will be required to provide proof of completion of an Association’s Indoctrination class, which included training on the Code of Ethics, Fair Housing, and Antitrust. In the event that a transferring REALTOR® cannot provide the required proof of completion as stated, they will be required to apply in the manner prescribed for new members.
Article XI - Officers and Directors
Section l. Officers. The elected officers of the Association shall consist of a Chairman of the Board, Chairman of the Board-Elect, and Vice Chairman of the Board and shall be considered the Executive Committee. They shall be elected for a term of one year.
Section 2. Term of Office. The term of office of the elected officers shall begin on the date of their installation in office and shall continue for one year or until their successors are elected and installed in office.
Section 3. 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 REALTORS® and the Illinois Association of REALTORS®.
Section 4. Board of Directors. The governing body of the Association shall be a Board of Directors consisting of the elected officers, the immediate past president or Chairman of the Board, and seven REALTOR® members of the Board. One affiliate member, as elected by the Affiliates Committee, may serve on the Board of Directors with voting rights, except for Professional Standards cases that come before the Board of Directors. Directors shall be elected
to serve for terms of three years. No officer shall be elected to succeed himself after the second consecutive year of the office. Directors may not serve more then two terms as a Director in any nine-year period. The President and COO is an ex-officio member of the Board of Directors.
Section 5. Election of Officers and Directors.
(a) At least two months before the annual election, a Nominating Committee of nine REALTOR® members shall be appointed by the Chairman with the approval of the Board of Directors. The Nominating Committee shall select one candidate for the position of Chairman- Elect, Vice Chairman, and each place to be filled on the Board of Directors. The report of the Nominating Committee shall be mailed to each member eligible to vote at least three weeks
preceding the election. Additional candidates for the offices to be filled may be placed in nomination by petition signed by at least 50 REALTOR® members eligible to vote. The petition shall be filed with the President and Chief Operating Officer at least two weeks before the election. The President and Chief Operating Officer shall send notice of such additional nominations to all members eligible to vote before the election.
(b) The election of officers and directors shall take place on the day prescribed as the annual meeting and election. The Chairman-Elect shall automatically assume the position of Chairman. The election shall be by ballot or other methods as described in (c) below, and all votes shall be cast in person, except as allowed in (c) below. If a REALTOR® member is unable to attend the annual meeting and cast their vote in person, an “absentee ballot” will be provided upon request providing the reasons for requesting the “absentee ballot” are due to unavoidable personal and/or business-related responsibilities. All requests for absentee ballots must be submitted in writing to the Association office at least five working days prior to the annual meeting and will be subject to approval of the Chairman or President and Chief Operating Officer. All absentee ballots must be returned no later than the close of voting at the annual meeting and will remain sealed until such time that the Election Committee counts the ballots received at the annual meeting. The ballot shall contain the names of all candidates and the offices for which they are nominated.
(a) At least two months before the annual election, a Nominating Committee of nine REALTOR® members shall be appointed by the Chairman with the approval of the Board of Directors. The Nominating Committee shall select one candidate for the position of Chairman- Elect, Vice Chairman, and each place to be filled on the Board of Directors. The report of the Nominating Committee shall be mailed to each member eligible to vote at least three weeks
preceding the election. Additional candidates for the offices to be filled may be placed in nomination by petition signed by at least 50 REALTOR® members eligible to vote. The petition shall be filed with the President and Chief Operating Officer at least two weeks before the election. The President and Chief Operating Officer shall send notice of such additional nominations to all members eligible to vote before the election.
(b) The election of officers and directors shall take place on the day prescribed as the annual meeting and election. The Chairman-Elect shall automatically assume the position of Chairman. The election shall be by ballot or other methods as described in (c) below, and all votes shall be cast in person, except as allowed in (c) below. If a REALTOR® member is unable to attend the annual meeting and cast their vote in person, an “absentee ballot” will be provided upon request providing the reasons for requesting the “absentee ballot” are due to unavoidable personal and/or business-related responsibilities. All requests for absentee ballots must be submitted in writing to the Association office at least five working days prior to the annual meeting and will be subject to approval of the Chairman or President and Chief Operating Officer. All absentee ballots must be returned no later than the close of voting at the annual meeting and will remain sealed until such time that the Election Committee counts the ballots received at the annual meeting. The ballot shall contain the names of all candidates and the offices for which they are nominated.
(c) The Association may adopt rules allowing electronic voting in conformance with the Illinois Statute and Rules including but not limited to telephone, facsimile or email. The Chairman, 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 candidates will draw straws. The holder of the shortest straw will assume the position.
Section 6. Indemnification of Directors and Officers. Each present or future Director and Officer of the Board, whether or not then in office, shall be held harmless and indemnified by the Association against all claims and liabilities and all expenses actually and reasonably incurred or imposed upon him/her in connection with or resulting from any action, suit, proceeding, or settlement or compromised thereof approved by the Board of Directors to which he/she may be made a party by reason of any action or alleged actions, either of omission or commission, performed by him/her while acting as such director or officer, and the foregoing right of indemnification shall not be exclusive of other rights to which he may be entitled as a matter of law. Each such director or officer shall be likewise indemnified against any judgment, decree, or fine, which may be imposed upon him in any such proceeding, suit, action or prosecution.
Section 7. 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 8. 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 procedures:
(a) A petition requiring the removal of an officer or director and signed by no less than one-third of the voting membership or a majority of all directors shall be filed with the Chairman or, if the Chairman 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 no less than 20 days or more than 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 days prior to the meeting and shall be conducted by the Chairman unless the Chairman’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 Board of Directors Duties
Section 1. Duties of the Chairman of the Board of Directors and COO.
The Chairman of the Board shall preside at all meetings of the Board and the Board of Directors and shall perform all duties usually pertaining to that office, shall be a member ex-officio of all Committees and task forces except the Nominating Professional Standards and Grievance Committees, and shall appoint members to act for committee members unable, unwilling or disqualified to serve in specific instances. The Chairman of the Board shall serve as a director of the Illinois Association of REALTORS® during the term as Chairman of the Board of the Greater Gateway Association of REALTORS®, serves as the chief elected officer representing the entire membership and the best interest of the Board of Directors, serve as the chief voluntary executive, and shall be responsible to the Board of Directors in contact with the administrative office to make certain that policies established by the Board are put into effect and carried out as may deem appropriate to the Board of Directors.
Section 2. Duties of the Chairman of the Board-Elect.
The Chairman of the Board-Elect shall perform the duties of the Chairman of the Board in the event of the Chairman of the Board’s absence or disability and shall have such other powers as the Board of Directors, the Executive Committee or the Chairman of the Board may prescribe.. The Chairman of the Board-Elect shall succeed to the office of the Chairman of the Board without the need to stand for election as Chairman of the Board. If the office of the Chairman of the Board should become vacant between elections, the Chairman of the Board-elect shall fill the vacancy and complete the unexpired term. The Chairman of the Board-Elect who fills a vacancy in the office of Chairman of the Board shall become Chairman of the Board for a full term after completion of the unexpired term.
Section 3. Duties of the Vice Chairman of the Board.
The Vice Chairman of the Board shall serve on the Finance Committee and ensure a record of the proceedings of the Association meetings and of the meetings of the Board of Directors that shall be, at all reasonable times, open for inspection by the members of the Association. The Vice Chairman assumes the duties of the Chairman of the Board in the event the Chairman or Chairman-Elect are unable to serve and will preside over all Board actions. The Vice Chairman may support the Chairman in performing his
or her duties and may chair one or more Association committees.
The Vice Chairman of the Board shall serve on the Finance Committee and ensure a record of the proceedings of the Association meetings and of the meetings of the Board of Directors that shall be, at all reasonable times, open for inspection by the members of the Association. The Vice Chairman assumes the duties of the Chairman of the Board in the event the Chairman or Chairman-Elect are unable to serve and will preside over all Board actions. The Vice Chairman may support the Chairman in performing his
or her duties and may chair one or more Association committees.
Section 4. Board of Directors.
The Board of Directors shall be the governing body of the Association and shall have immediate charge and control of the affairs of the Association including voting of any stock held by the Association in any separate corporation and shall fill vacancies in the office both for Officers and Directors for the remainder of the term by appointment and shall authorize expenditures of funds of the Association. At the first meeting of the Board of Directors after the installation of officers, the Board of Directors shall pass the necessary resolutions to enable the officers and Chairman of the Board to conduct all necessary banking operations.
Section 5. President and Chief Operating Officer (COO)
The Board of Directors shall employ and direct a President and COO and maintain an Association office for the benefit of all members. The President serves as the Chief paid Executive and operating officer of the organization and is the only staff member selected by the Board of Directors. The President and COO serves as a non-voting member of the Board of Directors and is responsible to the Board of Directors for the effective conduct of the affairs of the Association. The President recommends and participates in the formulation of the Association’s mission, goal, objectives and related policies. Within that framework, the President and COO plans, organizes, coordinates and directs the staff programs and activities of the Association.
Article XIII Meetings
Section l. Annual Meetings
The annual meeting of the Board shall be held during August of each year, with the date, 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. All requests for an excused absence must be made to the Chairman of the Board and/or the President and COO prior to the meeting. Absence from three regular meetings without an excuse deemed valid by the Board of Directors shall be construed as resignation.
The Board of Directors shall designate a regular time and place of meetings. All requests for an excused absence must be made to the Chairman of the Board and/or the President and COO prior to the meeting. Absence from three regular meetings without an excuse deemed valid by the Board of Directors shall be construed as resignation.
Section 3. Unanimous Consent Without Meetings.
Any action required or permitted by the Articles of Incorporation, bylaws, or any provision of law to be taken by the Board of Directors at a meeting or by resolution may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all the directors then in office.
Any action required or permitted by the Articles of Incorporation, bylaws, or any provision of law to be taken by the Board of Directors at a meeting or by resolution may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all the directors then in office.
Section 4. Other Meetings.
Meetings of the members may be held at other times as the President or the Board of Directors may determine, or upon the written request of at least 10 percent of the members eligible to vote.
Meetings of the members may be held at other times as the President or the Board of Directors may determine, or upon the written request of at least 10 percent of the members eligible to vote.
Section 5. Notice of Meetings.
Written 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.
Written 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.
Section 6. Quorum.
A quorum for the transaction of business shall consist of 10 percent of REALTORS® in attendance at a regular or special general membership meeting.
A quorum for the transaction of business shall consist of 10 percent of REALTORS® in attendance at a regular or special general membership meeting.
Section 7. Resolutions.
Whenever a member at a General Membership meeting, proposes a resolution from the floor which has not previously been referred to a proper committee and the full Board of Directors, same shall not then be adopted but shall first be referred by the President to the proper committee for discussion and recommendation to the full Board of Directors. Thereafter, such matter shall be submitted for vote at the next General Membership meeting following its consideration by the full Board of Directors. All proposed resolutions must appear in the agenda of the meeting at which the proposed resolutions are to be considered. Notwithstanding the above and foregoing, if any member calls for a show of hands vote as to whether a resolution proposed from the floor which has not previously been referred to a proper committee and the full Board of Directors should be considered for adoption without referral, then such vote shall be taken and in the event that two-thirds of the members then in attendance and having the right to vote determine that said resolution be considered without referral, then same may be discussed, considered and voted upon at the same General Membership meeting at which same has been offered for adoption.
Article XIV- Committees
Section l. Standing Committees.
The Chairman of the Board shall appoint from among the REALTOR® members, subject to confirmation by the Board of Directors, the following standing committees:
• Professional Standards
• Legislative
• Membership Program
• MLS (Multiple Listing Service) Committee
• Education
• Finance
• Grievance
• Equal Opportunity
Section l. Standing Committees.
The Chairman of the Board shall appoint from among the REALTOR® members, subject to confirmation by the Board of Directors, the following standing committees:
• Professional Standards
• Legislative
• Membership Program
• MLS (Multiple Listing Service) Committee
• Education
• Finance
• Grievance
• Equal Opportunity
Appointments to the Professional Standards Committee and Grievance Committee shall be consistent with the cooperative professional standards enforcement agreement of the Association.
Section 2. Special Committees and Task Forces.
The President shall appoint, subject to confirmation by the Board of Directors, special committees as deemed necessary.
Section 3. Organization.
All committees shall be of such size and shall have duties, functions, and powers as assigned by the President or the Board of Directors except as otherwise provided in these Bylaws.
All committees shall be of such size and shall have duties, functions, and powers as assigned by the President or the Board of Directors except as otherwise provided in these Bylaws.
Section 4. President.
The President shall be an ex-officio member of all standing committees and shall be notified of their meetings.
The President shall be an ex-officio member of all standing committees and shall be notified of their meetings.
Article XV- Fiscal and Elective Year
Section l. The fiscal year of the Board shall be January 1 to December 31. The elective year of the Association shall be October 1 to September 30.
Section 2. The Association will have an external audit of the financial record of the Association beginning with 2001-2003 and every three years thereafter.
Article XVI- Rules of Order
Section l. Robert's Rules of Order, latest edition, shall be recognized as the authority governing the meetings of the Board, its Board of Directors, and committees, in all instances wherein its provisions do not conflict with these bylaws.
Article XVII- Amendments
Section l. These bylaws may be amended by a majority vote of the members present and qualified to vote at any meeting at which a quorum is present, provided the substance of such proposed amendment or amendments shall be plainly stated in the call for the meeting, except that the Board of Directors may, at any regular or special meeting of the Board of Directors at which a quorum is present, approve amendments to the bylaws which are mandated by NAR policy.
Section l. The fiscal year of the Board shall be January 1 to December 31. The elective year of the Association shall be October 1 to September 30.
Section 2. The Association will have an external audit of the financial record of the Association beginning with 2001-2003 and every three years thereafter.
Article XVI- Rules of Order
Section l. Robert's Rules of Order, latest edition, shall be recognized as the authority governing the meetings of the Board, its Board of Directors, and committees, in all instances wherein its provisions do not conflict with these bylaws.
Article XVII- Amendments
Section l. These bylaws may be amended by a majority vote of the members present and qualified to vote at any meeting at which a quorum is present, provided the substance of such proposed amendment or amendments shall be plainly stated in the call for the meeting, except that the Board of Directors may, at any regular or special meeting of the Board of Directors at which a quorum is present, approve amendments to the bylaws which are mandated by NAR policy.
Section 2. Notice of all meetings at which amendments are to be considered shall be mailed or delivered to every member eligible to vote at least one week prior to the meeting.
Section 3. Amendments to these Bylaws affecting the admission or qualification of REALTOR® and institute affiliate members, the use of the terms REALTOR® and REALTORS®, or any alteration in the territorial jurisdiction of the Board shall become effective upon their approval as authorized by the Board of Directors of the National Association of REALTORS®.
Article XVIII- Dissolution
Section l. Upon the dissolution or winding up of affairs of this Board, the Board of Directors, after providing for the payment of all obligations, shall distribute any remaining assets to the Illinois Association of REALTORS® or, within its discretion, to any other non-profit tax-exempt organization.
Article XIX- Multiple Listing
Section l. Authority. The Greater Gateway Association of REALTORS® is a shareholder in the Southwest Regional Multiple Listing Service (SIRMLS) that is maintained for the use of its members. The members shall be subject to the bylaws of the Greater Gateway Association of REALTORS® and SIRMLS and such rules and regulations as may be hereinafter adopted.
Section 2. Purpose. A Multiple Listing Service is a means by which authorized Participants make blanket unilateral offers of compensation to other Participants (acting as subagents, buyer agents, or in other agency or non-agency capacities defined by law); by which cooperation among participants is enhanced; by which information is accumulated and disseminated to enable authorized Participants to prepare appraisals, analyses, and other valuations of real property for bona fide clients and customers; by which Participants engaging in real estate
appraisal contribute to common databases; and is a facility for the orderly correlation and dissemination of listing information so participants may better serve their clients and the public. Entitlement to compensation is determined by the cooperating broker’s performance as a procuring cause of the sale (or lease).
appraisal contribute to common databases; and is a facility for the orderly correlation and dissemination of listing information so participants may better serve their clients and the public. Entitlement to compensation is determined by the cooperating broker’s performance as a procuring cause of the sale (or lease).
Section 3. Governing Documents. The Board of Directors shall cause any Multiple Listing Service (MLS) established by it pursuant to this article to conform its corporate charter, constitution, bylaws, rules, regulations, policies, practices, and procedures at all times to the constitution, bylaws, rules, regulations, and policies of the National Association of REALTORS®.
Section 4. Participation. Any REALTOR® Member of this or any other Board who is a principal, partner, corporate officer, or branch manager acting on behalf of the principal, without further qualification, except as otherwise stipulated in these bylaws, shall be eligible to participate in multiple listing upon agreeing in writing to conform to the rules and regulations thereof and to pay the costs incidental thereto. However, under no circumstances is any
individual or firm, regardless of membership status, entitled to Multiple Listing Service (MLS) membership or participation unless they hold a current, valid real estate broker's license and offer or accept compensation to and from other participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property. Use of information developed by or published by a Board Multiple Listing Service is strictly limited to the activities authorized under a participant's licensure(s) or certification, and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey participation or membership or any right of access to information developed by or published by a Board Multiple Listing Service where access to such information is prohibited by law. Note: Mere possession of a broker’s license is not sufficient to qualify for MLS participation.
Rather, the requirement that an individual or firm “offers or accepts cooperation and compensation” means that the participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of cooperation and compensation made by listing brokers or agents in the MLS. “Actively” means on a continual and ongoing basis during the operation of the participant’s real estate business.
The “actively” requirement is not intended to preclude MLS participation by a participant or potential participant that operates a real estate business on a part time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a participant or potential participant who has not achieved a minimum number of transactions despite good faith efforts, nor is it intended to permit an MLS to deny participation based on the level of service provided by the participant or potential participant as long as the level of service satisfies state law. The key is that the participant or potential participant actively endeavors to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on the MLS in which participation is sought. The requirement does not permit an MLS to deny participation to a participant or potential participant that operates a Virtual Office Website (VOW) (including a VOW that the participant uses to refer customers to other participants) if the participant or potential participant actively endeavors to make or accept offers of cooperation and compensation. An MLS may evaluate whether a participant or potential participant “actively endeavors during the operation of its real estate business” to “offer or accept cooperation and compensation” only if the MLS has a reasonable basis to believe that the participant or potential participant is, in fact, not doing so. The membership requirement shall be applied on a nondiscriminatory manner to all participants and potential participants. (Adopted 11/08)
Section 5 Governor Appointments. The President shall appoint, with the approval of the Board of Directors, sufficient governors to the SIRMLS Board of Governors. The President shall also, with the approval of the Board of Directors, appoint two alternate governors to serve in the absence of the primary governor.
Section 6. Appointment of Committee. The President shall appoint, subject to the confirmation of the Board of Directors, a Multiple Listing Committee of ten REALTOR® members. All members of the committee shall be participants in Multiple Listing except, at the option of the directors, REALTORS® affiliated with participants may be appointed to serve in such numbers as determined by the directors. In the event that a participant appoints a REALTOR® (nonprincipal) to serve on the committee, should that REALTOR® transfer to another office which already is represented, that appointment shall be terminated and the position be reappointed by the original broker. If the agent moves to an office that currently does not have representation on the committee, the appointment shall remain in tact until the term expires. The committee members so named shall serve two-year staggered terms. The President, with approval of the Board of Directors, shall designate the chairperson.
Section 7. Vacancies. Vacancies in unexpired terms shall be filled as in the case of original appointees.
Section . 8 Attendance. Any committee member who fails to attend three consecutive regular or special meetings of the committee, without excuse acceptable to the chairperson of the committee, shall be deemed to have resigned from the committee and the vacancy shall be filled as herein provided for original appointees.
Section 9. Subscribers. Subscribers (or users) of the MLS including non-principal brokers, sales associates, and licensed and certified appraisers affiliated with Participants.
Membership Policy Statements Approved by the Board of Directors of the National Association of REALTORS®
(The following policy statements are informational, and not part of the Bylaws.)
Statements of Membership Policy Related to Implementation of Board of Choice That, effective upon approval by the Board of Directors, the following statements of membership policy and amendments to the Model Board Bylaws to implement the Board of choice proposal be adopted. The primary board of affiliation elected by a REALTOR® must be in the state where the REALTOR® is licensed and maintains his/her principal place of business. Licensees affiliated with a REALTOR® firm may choose as their primary Board any Board in the state where the firm maintains a designated REALTOR®. Membership shall be available in a secondary Board on terms and conditions no more stringent than the requirements established in the Board's bylaws for REALTOR® (and REALTORASSOCIATES ®, where applicable) membership. The privileges of membership shall be the same including the right to vote and hold office. Membership will be granted to individuals who hold REALTOR® or REALTOR-ASSOCIATE® membership in their primary Board without any requirement that the designated REALTOR® they are licensed or affiliated with hold membership in the secondary board. However, MLS services will only be available if the designated REALTOR® participates in the MLS. Board dues shall not include a national allocation since the National Association of REALTOR® dues have been paid through the member's primary Board. A state allocation may only be included if the member's primary Board is located in a different state. REALTORS® shall be entitled to purchase services from Boards other than their primary Board without the necessity of holding membership in those Boards. Service fees will be determined by the individual Boards. However, the Board may require that a REALTOR® (principal) be licensed in the state as a condition of MLS participation. (Adopted 2/94; amended 11/96)
(The following policy statements are informational, and not part of the Bylaws.)
Statements of Membership Policy Related to Implementation of Board of Choice That, effective upon approval by the Board of Directors, the following statements of membership policy and amendments to the Model Board Bylaws to implement the Board of choice proposal be adopted. The primary board of affiliation elected by a REALTOR® must be in the state where the REALTOR® is licensed and maintains his/her principal place of business. Licensees affiliated with a REALTOR® firm may choose as their primary Board any Board in the state where the firm maintains a designated REALTOR®. Membership shall be available in a secondary Board on terms and conditions no more stringent than the requirements established in the Board's bylaws for REALTOR® (and REALTORASSOCIATES ®, where applicable) membership. The privileges of membership shall be the same including the right to vote and hold office. Membership will be granted to individuals who hold REALTOR® or REALTOR-ASSOCIATE® membership in their primary Board without any requirement that the designated REALTOR® they are licensed or affiliated with hold membership in the secondary board. However, MLS services will only be available if the designated REALTOR® participates in the MLS. Board dues shall not include a national allocation since the National Association of REALTOR® dues have been paid through the member's primary Board. A state allocation may only be included if the member's primary Board is located in a different state. REALTORS® shall be entitled to purchase services from Boards other than their primary Board without the necessity of holding membership in those Boards. Service fees will be determined by the individual Boards. However, the Board may require that a REALTOR® (principal) be licensed in the state as a condition of MLS participation. (Adopted 2/94; amended 11/96)
Concerning Board of Choice Across State Lines
That the membership choices currently provided under Board of Choice be expanded across state lines as follows:
Members may join a primary Board across contiguous state lines. State association membership would be in the state where primary Board membership is held. (To become effective July 1, 1996, with optional local Board adoption sooner.) (Adopted 11/95)
Portability of Membership Records (Files)
In order to facilitate timely processing of applications for membership and to assist associations in determining an applicant's qualification for REALTOR® or REALTOR-ASSOCIATE® membership, associations shall, based on a request from another association, share information about current or former members. Minimum core member information shall include:
That the membership choices currently provided under Board of Choice be expanded across state lines as follows:
Members may join a primary Board across contiguous state lines. State association membership would be in the state where primary Board membership is held. (To become effective July 1, 1996, with optional local Board adoption sooner.) (Adopted 11/95)
Portability of Membership Records (Files)
In order to facilitate timely processing of applications for membership and to assist associations in determining an applicant's qualification for REALTOR® or REALTOR-ASSOCIATE® membership, associations shall, based on a request from another association, share information about current or former members. Minimum core member information shall include:
1. Previous applications for membership.
2. All final findings of Code of Ethics violations and violations of other membership duties within the past three years (when available).
3. Pending complaints alleging violations of the Code of Ethics or alleging violations of other membership duties.
4. Incomplete or (pending) disciplinary measures.
5. Pending arbitration requests (or hearings).
6. Unpaid arbitration awards or unpaid financial obligations to the association or its MLS.
An association may, at its discretion, consider information received from other associations when determining whether an applicant satisfies the association's membership requirements as established in the association's bylaws (not to exceed the National Association of REALTOR's Membership Qualification Criteria). (Adopted 2/96)
Clarification of the Term "Principal"
The term "principal" as used in the National Association of REALTOR®’s constitution and bylaws and in other relevant policies includes licensed or certified individuals who are sole proprietors, partners in a partnership, officers or majority shareholders of a corporation, or office managers (including branch office managers) acting on behalf of principals of a real estate firm. (Adopted 11/96)
The term "principal" as used in the National Association of REALTOR®’s constitution and bylaws and in other relevant policies includes licensed or certified individuals who are sole proprietors, partners in a partnership, officers or majority shareholders of a corporation, or office managers (including branch office managers) acting on behalf of principals of a real estate firm. (Adopted 11/96)
Secondary Membership in a Board/Association
When a member has joined a primary association and paid local, state, and national dues, secondary membership may be held in a local association in another state (provided the applicant meets all of the qualifications for membership) without holding membership in that state association, or alternatively, secondary membership may be held directly in the state association without holding membership in a local association in that state. (Adopted 11/96)
When a member has joined a primary association and paid local, state, and national dues, secondary membership may be held in a local association in another state (provided the applicant meets all of the qualifications for membership) without holding membership in that state association, or alternatively, secondary membership may be held directly in the state association without holding membership in a local association in that state. (Adopted 11/96)
Membership Requirements Related to Multiple Office Locations
When considering an applicant for REALTOR® membership who is a principal in a real estate firm, associations have an obligation to determine that all of the principals of the real estate firm who are actively engaged in the real estate business in the state are either applying for or already hold REALTOR® membership (or institute affiliate membership, if applicable) in a board or
association. (Adopted 11/96)
association. (Adopted 11/96)
If an association (local, state, national) is notified by another association that a REALTOR® member has an office location elsewhere in the state that is not functioning as a REALTOR® office (i.e., licensees affiliated with the office are not members or are not accounted for under the designated REALTOR® dues formula) the association where the REALTOR® holds primary membership shall be responsible, in cooperation with the state and national associations, for ensuring compliance with applicable membership policies (i.e., that said, licensees hold membership in the REALTOR®'s primary association, some other association in the state where the firm maintains a designated REALTOR® presence, or that dues have been paid to an association based on non-member licensees affiliated with the office. (Adopted 11/96)
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