By-Laws of Union County Association of Realtors


BYLAWS OF THE

UNION COUNTY ASSOCIATION OF REALTORS®, INCORPORATED

(Adopted (date) 01-15-2015

ARTICLE I ‑ NAME

     Section 1. Name.  The name of this organization shall be the Union County 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 Association 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 Association are:

     Section 1. To unite those engaged in the recognized branches of the real estate profession for the purpose of exerting a beneficial influence upon the profession and related interests.

     Section 2. To promote and maintain high standards of conduct in the real estate profession as expressed in the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®.

     Section 3. To provide a unified medium for real estate owners and those engaged in the real estate profession whereby their interests may be safeguarded and advanced.

     Section 4. To further the interest of home and other real property ownership.

     Section 5. To unite those engaged in the real estate profession in this community with the North Carolina 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, those individuals  authorized to use the terms REALTOR® and REALTORS® as licensed, prescribed, and controlled by the NATIONAL ASSOCIATION OF REALTORS®.

ARTICLE III ‑ JURISDICTION

Section 1. The territorial jurisdiction of the Association as a  Member of the NATIONAL ASSOCIATION OF REALTORS® is:  Union and Anson Counties, North Carolina.                  

SECTION 2. Territorial jurisdiction is defined to mean:

     (a)    The right and duty to control the use of the terms REALTOR® and REALTORS® subject to the conditions as set forth in these Bylaws and those of the NATIONAL ASSOCIATION OF REALTORS®, in return for which the Association agrees to protect and safeguard the property rights of the National Association in the terms.

ARTICLE IV ‑ MEMBERSHIP

SECTION 1. There shall be six classes of Members as follows:

  1. REALTOR® MEMBER.  REALTOR® members whether primary or secondary shall be:
    1. Individuals who, as sole proprietors, partners, or corporate

officers or branch office managers, are engaged actively in the real estate profession, including buying, selling, exchanging, renting or leasing, managing, appraising for others for compensation, counseling, building, developing or subdividing real estate, and who maintain or are associated with an established real estate office in the state of North Carolina 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/Association 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 office, or any other offices within the jurisdiction of the board in which one of the firm’s principals holds REALTOR® membership, shall be required to hold  REALTOR® membership unless otherwise qualified for Institute Affiliate Membership as described in Section 1 (b) of Article, IV.

  1. 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.  

  1. Corporate Officers (who may be licensed or unlicensed) of a

real estate brokerage franchise organization with at least one hundred fifty (150) franchisees located within the United States, its insular possessions and the commonwealth of Puerto Rico, elected to membership pursuant to the provisions in the NAR constitution and Bylaws.  Such individuals shall enjoy all of the rights, privileges and obligations of REALTOR® membership

(including compliance with the Code of Ethics) except:  obligations related to Association mandated education, meeting attendance, or indoctrination classes or other similar requirements; the right to use the term REALTOR® in connection with their franchise organization's name; and the right to hold elective office in the local Association, state association and National Association.

  1. Primary and secondary REALTOR® members.  An individual is a

primary member if the Association pays state and national dues based on such member.  An individual is a secondary member if state and national dues are remitted through another Association.  One of the principals in the real estate firm must be a Designated REALTOR® member of the Association in order for licensees affiliated with the firm to select the Association as their "primary" Association.

  1. 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 Association 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 qualification for REALTOR® membership established in Article V, Section 2, of the Bylaws.     

  1. Institute Affiliate Members.  Institute Affiliate members shall be individuals who hold a professional designation by an Institute, Society, or Council affiliated with the National Association of REALTORS® that addressed 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® membership, subject to payment of applicable dues for such membership.
  2. 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 paragraph (a) or (b) of this Section, have interests requiring information concerning real estate, and are in sympathy with the objectives of the Association.

When a corporate office desires to hold affiliate membership in the

Association, they may, from time to time, have need to change their designated representative representing them in Association matters.  Provided all membership and initiation fees as may be established by the Board of Directors have been paid, this shall be permitted without the payment of additional fees.  It shall be the policy of the Association to require written notification of any change in designated membership, which may occur.

 

  1. Public Service Members.  Public Service Members shallbe 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 asso-ciation with an established real estate business.
  2. Honorary Members.  Honorary Members shall be individuals who are not engaged in the real estate profession who have performed notable service for the real estate profession, for the Association, or for the public.

     (g)    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 asso-ciated with an established real estate office.

ARTICLE V ‑ QUALIFICATION AND ELECTION

Section  1.  Application.

     (a)    An application for membership shall be made in such manner and form as may be prescribed by the Board of Directors and made available to anyone requesting it.  The application form shall contain among the statements to be signed by the applicant (1) that he has or has had access to, has carefully reviewed, and if elected a Member, will abide by the Constitution and Bylaws and the Rules and Regulations of the Association, the Constitution and Bylaws of the State Association, the Constitution and Bylaws of the

NATIONAL ASSOCIATION OF REALTORS®, and if a REALTOR®, 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 17 of the Code of Ethics, and as further specified in the Code of Ethics and Arbitration Manual of the National Association, as from time to time amended, and (2) that applicant consents that the Association, 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 Association 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.

  1. An applicant for REALTOR® Membership who is a principal, 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 pro-fession, and maintains a current, valid real estate broker's or salesperson's license or is licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, and 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 sanction, involving unprofessional conduct, agrees to complete a course of instruction covering the Bylaws and

Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, and shall agree that if elected to membership, will abide by the Constitution, Bylaws, Rules and Regulations, and Code of Ethics.

NOTE:  Article IV, Section 2, of the NAR Bylaws prohibits Member Associations from knowingly granting REALTOR membership to any applicant who has an unfulfilled sanction pending which was imposed by another Association or Board of REALTORS® for violation of the Code of Ethics

  1. Individuals who are actively engaged in the real estate profession other than as principals, 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 Association or a

Designated REALTOR member of another Association (if a secondary member) and must maintain a current, valid real estate broker's or salesperson's license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, shall complete a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, and shall agree in writing that if elected to membership, he will abide by the Code of Ethics of the

NATIONAL ASSOCIATION OF REALTORS®, and by the Constitution, Bylaws, Rules and

Regulations of the local Association, the State Association, and the National Association.

Section 3. Election.  The procedure for election to membership shall be as follows:

  1. The Membership Committee shall determine whether the applicant is applying for the appropriate class of membership.  It shall then give written notice to the REALTOR® Members of such application and Invite written comment.
  2. Thereafter, within 60 days, the Membership Committee shall report its recommendation to the Board of Directors in writing.  If the recommendation is adverse to the approval of the application, the reasons shall be specifically stated.  If any member of the Membership Committee submits a dissenting recom-mendation, it shall also be reported to the Board of Directors.
  3. The Board of Directors shall review the qualifications of the appli-cant and the recommendation of the Committee and then vote on the applicant's eligibility for membership.  If the applicant receives a majority vote of the Board of Directors, he shall be declared elected to membership and shall be advised by written notice. 
  4. The Board of Directors may not reject an application without providing the applicant with advance written notice of the findings and recommendations of the Membership Committee; an opportunity to appear before the Board of Directors, to call witnesses on his behalf, to be represented by counsel, and to make such statements as he deems relevant.  The Board of

Directors may also have counsel present.  The Board of Directors shall require that written minutes be made of any hearing before it or may electronically or mechanically record the proceedings.

  1. If the Board of Directors determines that the application should be rejected, it shall record its reasons with the Secretary.  If the Board of Directors believes that denial of membership to the applicant may become the basis of litigation and a claim of damage by the applicant, it may specify that denial shall become effective upon entry in a suit by the Association for a declara-tory judgment by a court of competent jurisdiction of a final judgment declaring that the rejection violates no rights of the applicant. Section 4.  New Member Code of Ethisc Orientation

Applicants for REALTOR® membership and provisional REALTOR members

(where applicable) shall complete an orientation program on the Code of Ethics of not less than two hours and thirty minutes of instructional time. 

This requirement does not apply to applicants for REALTOR membership or provisional members who have completed comparable orientation in another association, provided that REALTOR membership has been continuous, or that any break in a membership is for one year or less.

Failure to satisfy this requirement within 90 days of the date of application

(or, alternatively, the date that provisional membership was granted), will result in denial of the membership application or termination of provisional membership.

Note:  Orientation programs must meet the learning objectives and minimum criteria established from time to time by the National Association of REALTORS®.

Section 5.  REALTOR® Code of Ethics Training.

Effective January 1, 2001 through December 31, 2004, and for successive four year periods thereafter, each REALTOR® member of the association (with the exception of REALTOR® members granted REALTOR® Emeritus status by the National Association) shall be required to complete quadrennial ethics training of not less than two hours and thirty minutes of instructional time. 

This requirement will be satisfied upon presentation of documentation that the member has completed a course of instruction conducted by this or another association, the State Association of REALTORS®, the NATIONAL ASSOCIATION OF REALTORS®, or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the National Association of REALTORS® from time to time.  REALTOR® members who have completed training as a requirement of membership in another association and REALTOR® members who have completed the New Member Code of Ethics Orientation during any four year cycle shall not be required to complete additional ethics training until a new four year cycle commences.

Failure to satisfy the required periodic ethics training shall be considered a violation of a membership duty.  Failure to meet the requirement for the second cycle and subsequent four 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 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.

ARTICLE VI ‑ PRIVILEGES AND OBLIGATIONS

     Section 1. The privileges and obligations of Members, in addition to those otherwise provided in these Bylaws, shall be as specified in this Article. 

     Section 2. Any Member of the Association may be reprimanded, fined, placed on probation, suspended or expelled by the Board of Directors for a violation of these Bylaws and Association Rules and Regulations not inconsistent with these Bylaws, after a hearing as provided in the Code of Ethics and Arbitration

Manual of the Association.  Although Members other than REALTORS® are not subject to the Code of Ethics nor its enforcement by the Association, 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 recommen-dation 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 Association, the State Association, and the NATIONAL ASSOCIATION OF REALTORS®.

Section 3. Any REALTOR® of the Association 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 Association, provided that the discipline imposed is con-sistent 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 the Member submitting the resignation is indebted to the Association for dues, fees, fines, or other assessments of the Association or of any of its services, departments, divisions, or subsidiaries, the Association may condition the right of the resigning Member to reapply for membership upon payment in full of all such moneys owed.

     Section 5. If a member resigns from the Association 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.

  1. REALTOR® Members , whether primary or secondary, in good standing whose financial obligations to the Association are paid in full shall be entitled to vote and to hold elective office in the Association, 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, interest, and welfare of the Association and the real estate profession.
  2. If a REALTOR® Member is a principal in a firm, partnership, or 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 contrac-tors with the disciplined Member shall suspend or terminate during the period of suspension of the disciplined Member or until readmission of the disciplined Member, or unless connection of the disciplined Member with the firm, part-nership, or corporation is severed, or unless the

REALTOR® member (non-

Principal) elects to sever his connection with the REALTOR® and affiliate with another REALTOR member in good standing of the Association, 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.

  1. In any action taken against a REALTOR® Member for suspension or expulsion under Section 6(d) hereof, notice of such action shall be given to all REALTORS® employed by or affiliated as independent contractors with such REALTOR Member and shall be advised that the provisions in Article VI, Section 6(d) shall apply.

     Section 7. Institute Affiliate Members.  Institute Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors consistent with the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS®.

     Section 8. Affiliate Members.  Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.

 

Section 9. Public Service Members.  Public Service Members shall have rights and privileges and be subject to obligations as prescribed by the Board of Directors.

 

     Section 10  Honorary Members.  Honorary Membership shall confer only the right to attend meetings and participate in discussions.

    Section .11  Student Members.  Student Members shall have rights and privileges and shall be subject to obligations prescribed by the Board of Directors.

     Section 12  Certification by REALTOR®.  "Designated" REALTOR® Members of the Association shall certify to the Association during the months of January and July, on a form provided by the Association a complete listing of individuals licensed or certified in the REALTORS® office(s) and shall designate a primary Association for each individual who holds membership.  Designated REALTORS® shall also identify any non-member licensees in the

REALTORS® office(s) and if Designated REALTOR® dues have been paid to another Association based on said non-member licensees, the Designated REALTOR® shall identify the Association 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 Association of any additional individual(s) licenses with the firm(s) within 30 days of the date of affiliation or severance of the individual.

     Section 13.  Leave of Absence.  If any REALTOR® Member becomes inactive in his profession due to providential reasons, he may request a leave of absence from the Association without penalty.  Such request must be in writing and must be approved by the Board of Directors.  If the request for a leave of absence

is granted, dues for the member will be suspended until the member becomes active in his profession, for a period not to exceed twelve(12) months.  If the member becomes active in his profession within the twelve (12) months, he must notify the Association immediately and the dues for the remainder of the year are due and payable.  Members will be notified, in writing, of any action taken.

ARTICLE VII ‑ PROFESSIONAL STANDARDS AND ARBITRATION

     Section 1. The responsibility of the Association and of Association

Members relating to the enforcement of the Code of Ethics, the disciplining of

Members, and the arbitration of disputes, and the organization and procedures incident thereto shall be governed by the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®, as amended from time to time, and as adapted to be consistent with applicable state law.

     Section 2. It shall be the duty and responsibility of every REALTOR® of this Association to abide by the Constitution and Bylaws and the Rules and Regulations of the Association, 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 trans-actions 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 the Association as from time to time amended.

Section 3.  The Association and Association Members are also responsible for the enforcement of the Code of Ethics, the disciplining of members, the arbitration of disputes, and the organization and procedures incident thereto, consistent with the cooperative professional standards enforcement agreement entered into buy the Association, which by this reference is made a part of these Bylaws.

ARTICLE VIII ‑ USE OF THE TERMS REALTOR® AND REALTORS®

     Section 1. Use of the terms REALTOR® and REALTORS® by Members shall at all times be subject to the provisions of the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS®, and to the Rules and Regulations prescribed by its Board of Directors.  The Association shall have authority to control, jointly and in full cooperation with the NATIONAL ASSOCIATION OF REALTORS®, use of the terms within its jurisdiction.  Any misuse of the terms by members is a violation of a membership duty and may subject members to disciplinary action by the Board of Directors after a hearing as provided for in the association’s Code of Ethics and Arbitration Manual.

     Section 2. REALTOR® Members of the Association 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 of 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 Association 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 location 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 REATLOR® 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 1. The Association shall be a Member of the NATIONAL ASSOCIATION or REALTORS® and the North Carolina Association of REALTORS®.  By reason of the Association's Membership, each REALTOR® Member of the Member Association shall be entitled to membership in the NATIONAL ASSOCIATION OF REALTORS® and the

North Carolina Association of REALTORS® without further payment of dues.  The

Association shall con-tinue as a Member of the State and National Associations, unless by a majority vote of all of its REALTOR® Members, decision is made to withdraw, in which case the State and National Associations shall be notified at least one month in advance of the date designated for the termination of such membership.

  

Section 2. The Association recognizes the exclusive property rights of the NATIONAL ASSOCIATION OF REALTORS® in the terms REALTOR® and REALTORS®.  The

Association shall discontinue use of the terms in any form in its name, upon ceasing to be a Member of the National Association, or upon its determination by the Board of Directors of the National Association that it has violated the conditions imposed upon the terms.

     Section 3. The Association adopts the Code of Ethics of the NATIONAL

ASSOCIATION OF REALTORS® and agrees to enforce the Code among its REALTOR®. 

The Association and all of its Members agree to abide by the Constitution, Bylaws, Rules and Regulations, and policies of the National Association and the North Carolina Association.

ARTICLE X ‑ DUES AND ASSESSMENTS

     Section 1. Application Fee.  The Board of Directors may adopt an application fee for REALTOR® Membership in reasonable amount, not exceeding three times the amount of the annual dues for REALTOR® Membership, which shall be required to accompany each application for REALTOR® Membership and which shall become the property of the Association 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 established by the Board of Directors, plus an amount equal to the established amount times the number of real estate salespersons and licensed or certified appraisers who (1) are employed by or affiliated as independent contractors or who are otherwise directly or indirectly licensed with such REALTOR® Member, and (2) are not REALTOR® Members of any Association in the state or a state contiguous thereto or Institute Affiliate Member of the Association.  In calculating the dues payable to the Association by a

Designated REALTOR® member, non-member licensees as defined in Section 2(a) (1)

 (1) For the purpose of this Section, a REALTOR® Member of a Member Association 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, or corporate officer of a real estate firm, partnership,  corporation, or branch office manager is actively engaged in the real estate pro-fession as defined in Article 111, Section 1, 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 cor-porate officer 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 al of the licensees affiliated with the entity are solely engaged in referring clients and customers and are not engaged in listing, selling, leasing, managing, counseling or appraising real property.  The individuals disclosed on such form shall not be deemed to be licensed with the REALTOR® filing the form for purposes of this Section and shall not be included in calculating the annual dues of the Designated REALTOR®.

Membership dues shall be prorated for any licensee included on a certification form submitted to the association who during the same calendar year applies for REALTOR® or REALTOR ASSOCIATE® membership in the association.  However, membership dues shall not be prorated if the licensee held REALTOR® or REALTOR-

ASSOCIATE® membership during the preceding calendar year.®®

  1. The annual dues of each REALTOR® Member other than the Designated REALTOR® shall be established annually by the Board of Directors.
  2. 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®.
  3. Affiliate Members.  The annual dues of each Affiliate Member shall be established annually by the Board of Directors.
  4. Public Service Members.  The annual dues of each PublicService Member shall be established annually by the Board of Directors.
  5. Honorary Members.  Dues payable, if any, shall be at the discretion of the Board of Directors.
  6. Student Members.  Dues payable, if any, shall be at the discretion of the Board o 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 in which a member is notified of election and shall be prorated for the remainder of the year.

(a) In the event a sales licensee or licensed or certified appraiser who hold REALTOR® membership is dropped for nonpayment of Association dues, and the licensee 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 non-member licensee.  Dues shall be calculated from the first day of the current fiscal year and are payable within 30 days of the notice of termination.

     Section 4. Nonpayment of Financial Obligations.  If dues, fees, fines, or other assessments including amounts owed to the Association are not paid within one (1) month after the due date, the nonpaying Member is subject to suspension at the discretion of the Board of Directors.  Two (2) months after due date, mem-bership of the nonpaying Member may be terminated at the discretion of the Board of Directors.  Three (3) months after due date, membership of the nonpaying Member shall automatically terminate unless within that time the amount due is paid.  However, no action shall be taken to suspend or expel a Member for non-payment of disputed amounts until the accuracy of the amount owed has been con-firmed by the Board of Directors.  A former Member who has had his membership terminated for nonpayment of dues, fees, fines, or other assessments duly levied in accordance with the provisions of these‑Bylaws or the provisions of other Rules and Regulations of the Association or any of its services, departments, divi-sions, 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 money received by the Association for any purpose shall be deposited to the credit of the Association in a financial institution or institution selected by resolution of the Board of Directors.

     Section 6. Expenditures.  The Board of Directors shall administer the day to day expenses of the Association.  Capital expenditures in excess of current assets may not be made unless authorized by twenty five (25) percent of the Association Members eligible to vote.

     Section 7. Notices of Dues, Fees, Fines, Assessments, or Other Financial Obligations of Members.  All dues, fees, fines, assessments, or other financial obligations to the Association shall be noticed to the delinquent Association Member in writing setting forth the amount owed and due date.

ARTICLE XI ‑ OFFICERS AND DIRECTORS

     Section 1. Officers.  The elected officers of the Association shall be: a President, a President-Elect, a Secretary, and a Treasurer.  It is understood that the name of the President-Elect shall be placed in nomination to serve as president for the year following his service as president-elect, unless the indi-vidual serving in that capacity desires otherwise.  Other nominations may be considered as provided in these Bylaws.  Officers shall be elected for terms of one year.

     Section 2. Duties of Officers.  The duties of the officers shall be such as their titles, by general usage, would indicate and such as may be assigned to them by the Board of Directors.  It shall be the particular duty of the

Secretary to keep the records of the Association and to carry on all necessary correspondence with the NATIONAL ASSOCIATION OF REALTORS® and the North Carolina Association of REALTORS®.

 

     Section 3. Board of Directors.  The governing body of the Association shall be a Board of Directors consisting of the four elected officers, the immediate past president, and  six (6) REALTOR® Members of the Association.  Directors shall be elected to serve for terms of three years, except that at organization one/third (1/3) of the elected Directors shall be elected for terms of one, two, and three years respectively, or for lesser terms as may be deemed necessary to complete the first fiscal year.  Thereafter, as many Directors shall be elected each year as are required to fill vacancies.

Section 4. Election of Officers and Directors.

  1. At least two (2) months before the annual election, a Nominating Committee of  five (5) REALTOR® Members shall be appointed by the President with the approval of the Board of Directors.  The Nominating Committee shall solicit recommendations from the general membership and shall select one candidate for each office and one candidate for each place that shall be filled on the Board of Directors.  The report of the Nominating Committee shall be mailed to each Member eligible to vote at least four (4) weeks preceding the election.  Additional candidates for the offices to be filled may be placed in nomination by petition signed by at least twenty (20) percent

of the Members

eligible to vote.  The petition shall be filed with the Secretary at least two   (2) weeks before the election.  The Secretary shall send notice of such additional nominations to all Members eligible to vote before the election.

  1. The election of Officers and Directors shall take place at the annual meeting.  Election shall be by ballot and all votes shall be cast in person.  In the event of only one candidate per office, the vote may be by acclamation.  The ballots shall contain the names of all candidates and the offices for which they are nominated.
  2. The President, with the approval of the Board of Directors, shall appoint an Election Committee of three (3) REALTOR® Members to conduct the election.  In case of a tie vote, the issue shall be determined by lot.

     Section 5. Vacancies.  Vacancies among the Officers and the Board of Directors shall be filled by a simple majority vote of the Board of Directors until the next annual election.

     Section 6. Removal of Officers or Directors.  In the event that an Officer or Director is deemed to be incapable of fulfilling the duties for which elected, but will not resign from office voluntarily, the Officer or Director may be removed from office under the following procedure.

  1. A petition requiring the removal of an Officer or Director and signed by not less than one‑third of the voting membership or a majority of all Directors shall be filed with the President, or if the President is the subject of the petition, with the next ranking officer, and shall specifically set forth the reasons the individual is deemed disqualified from further service.
  2. Upon receipt of the petition, and not less than twenty (20) days or more than forty‑five (45) days thereafter, a special meeting of the voting mem-bership of the Association 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.
  3. The special meeting shall be noticed to all voting Members at least ten (10) days prior to the meeting, and shall be conducted by the President Of the Association unless the President's continued service in office is being considered at the meeting.  In such case, the next ranking officer will conduct the meeting of the hearing by the Members.  Provided a quorum is present, a three‑fourths vote of Members present and voting shall be required for removal from office.

ARTICLE XII ‑ MEETINGS

     Section 1. Annual Meeting.  The annual meeting of the Association shall be held during December of each year, 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.  Absence from three consecutive regular meetings without an excuse deemed valid by the Board of Directors shall be construed as resignation.  A quorum shall consist of a simple majority of officers and directors serving the Association,

     Section 3. Other Meetings.  Meetings of the Members may be held at other times as the President or the Board of Directors may determine, or upon the written request of at least twenty (20) percent of the Members eligible to vote.

     Section 4. Notice of Meetings.  Written notice shall be given to every Member entitled to participate, in the meeting at least one (1) week preceding all meetings.  If a special meeting is called, it shall be accompanied by a statement of the purpose of the meeting.

     Section 5. Quorum.  A quorum for the transaction of business shall consist of twenty‑five (25) percent of the Members eligible to vote.

ARTICLE XIII ‑ COMMITTEES

     Section 1. Standing Committees.  The President shall appoint from among the REALTOR® Members, subject to confirmation by the Board of Directors, the following standing committees:

Grievance

Appointments to the Professional Standards Committee shall be consistent with the cooperative professional standards enforcement agreement of the Association.

     Section 2. Special Committees.  The President shall appoint, subject to confirmation by the Board of directors, special committees or task force as deemed necessary.

     Section 3. Organization.  All committees shall be of 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.

ARTICLE XIV ‑ FISCAL AND ELECTIVE YEAR

     Section 1. The fiscal and elective year of the Association shall be January 1 to December 31.

ARTICLE XV ‑ RULES OF ORDER

     Section 1. Robert's Rules of Order, latest edition, shall be recognized as the authority governing meetings, of the Association, its Board of Directors, and com-mittees, in all instances wherein its provisions do not conflict with these Bylaws.

ARTICLE XVI ‑ AMENDMENTS

     Section 1. 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.

     Section.2. Notice of all meetings at which amendments are to be considered shall be emailed to every Member eligible to vote at least one (1) 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

Association shall become effective upon their approval as authorized by the

Board of Directors of the NATIONAL ASSOCIATION OF REALTORS®

 

ARTICLE XVII ‑ DISSOLUTION

     Section 1. Upon the dissolution or winding up of affairs of this Association, the Board of Directors, after providing for the payment of all obligations, shall distribute any remaining assets to the North Carolina Association of REALTORS® or, within its discretion, to any other non‑profit tax exempt organization.

Note:  Bylaws were changed on 3-8-2000 by mandated changes from NAR.

       Bylaws were changed on 6-4-03 by mandated changes from NAR.

       Bylaws were changed on 2-29-08 by mandated changes from NAR.