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GREATER ALEXANDRIA AREA

ASSOCIATION OF REALTORS, INCORPORATED

BYLAWS

Adopted February, 1986

Revised October, 1993

Updated January 1998

Revised May 1999

Updated May 2001

Updated April 2002

Updated January 2004

Updated May 2005

Updated April 2006

 

TABLE OF CONTENTS

 

Article I Name Pg. 2

Article II Objectives 2

Article III Jurisdiction 2

Article IV Membership 3

Article V Qualification & Election 4

Article VI Privileges & Obligations 9

Article VII Professional Standards & Arbitration 12

Article VIII Use of the Terms REALTOR & REALTORS 12

Article IX State & National Memberships 13

Article X Dues & Assessments 13

Article XI Officers & Directors 16

Article XII Meetings 17

Article XIII Committees 18

Article XIV Indemnification 18

Article XV Fiscal & Elective Year 18

Article XVI Rules of Order 19

Article XVII Amendments 19

Article XVIII Dissolution 19

Article XIX Multiple Listing 19

 

BYLAWS OF THE GREATER ALEXANDRIA AREA

ASSOCIATION OF REALTORS, INCORPORATED

ARTICLE I - NAME

Section 1. Name. The name of this organization shall be the GREATER ALEXANDRIA AREA ASSOCIATION OF REALTORS, INCORPORATED, hereinafter referred to as the "Board".

Section 2. REALTORS. Inclusion and retention of the Registered Collective Membership Mark REALTORS in the name of the Board shall be governed by the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS as from time to time amended.

 

ARTICLE II - OBJECTIVES

The objectives of the Board are:

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

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

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

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

Section 5. To unite those engaged in the real estate profession in this community with the MINNESOTA 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 Board as a Member of the NATIONAL ASSOCIATION OF REALTORS is:

Todd County except that area north of State Highway 210 from the Ottertail County line straight east to Motley: Douglas County and Pope County.

Section 2. Territorial jurisdiction is defined to mean:

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

ARTICLE IV - MEMBERSHIP

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

(a) REALTOR Members. REALTOR Members, whether primary or secondary, shall be:

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 Minnesota or a state contiguous thereto. All persons who are partners in a partnership, or all officers in a corporation who are actively engaged in the real estate profession within the State or a state contiguous thereto shall qualify for REALTOR Membership only, and each is required to hold REALTOR Membership (except as provided in the following paragraph) in a Board of Realtors within the State or a state contiguous thereto unless otherwise qualified for Institute Affiliate Membership as described in Section 1 (b) of Article IV.

In the case of a real estate firm, partnership, or corporation, whose business activity is substantially all commercial, only those principals actively engaged in the real estate business in connection with the same office, or any other offices within the jurisdiction of the board in which one of the firm’s principals holds REALTOR membership, shall be required to hold REALTOR membership unless otherwise qualified for Institute Affiliate Membership as described in Section 1(b) of Article IV. (Amended 1/01)

NOTE: REALTOR members may obtain membership in a "secondary" Board in another state.

Individual 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.

Primary and secondary REALTOR Members. An individual is a primary member is 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. Corporate officers (who may be licensed or unlicensed) of a real estate brokerage franchise organization with at least one hundred fifty (150) franchisees located within the United States, its insular possessions and the Commonwealth of Puerto Rico, elected to membership pursuant to the provisions in the NAR Constitution and Bylaws. Such individuals shall enjoy all of the rights, privileges and obligations of REALTOR membership (including compliance with the Code of Ethics)

EXCEPT: obligations related to Board mandated education, meeting attendance, or indoctrination classes or other similar requirements, the right to use the term REALTOR in connection with their franchise organization's name; the right to hold elective office in the Local Board, State Association and National Association.

(4) Designated REALTOR Members. Each firm shall designate in writing one REALTOR Member who shall be responsible for all duties and obligations of Membership including the obligation to arbitrate pursuant to Article 17 of the Code of Ethics and the payment of Board dues as established in Article X of the Bylaws. The "Designated REALTOR" must be a sole proprietor, partner, corporate officer or branch office manager acting on behalf of the firm's principal(s) and must meet all other qualifications for REALTOR Membership established in Article V, Section 2, of the Bylaws.

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.

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), (b) or (c) of this Section, have
interests directly related to the real estate profession, i.e. Abstracting/
Closing/Title companies, Lenders, Surveyors, Real Estate Attorneys, Septic System Testers, Water Testers and Home Inspectors.

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 is association with a established real estate business.

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 Association, or for the public.

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 nor associated with as established real estate office.

ARTICLE V - QUALIFICATION AND ELECTION

Section 1. Application.

(a) An application for membership shall be made in such manner and form as may be prescribed by the Board of directors and made available to anyone requesting it. The application form shall contain among the statements to be signed by the applicant (1) that applicant agrees as a condition to membership to thoroughly familiarize himself with the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS, the Constitutions, Bylaws, and Rules and Regulations of the local Association, the State and National Associations, and if elected a Member, will abide by the Constitutions and Bylaws and Rules and Regulations of the local Association, State and National Association, 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 OF REALTOR, 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 person, 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. Applicant shall, with the form of application, have access to a copy of the Bylaws, Constitution, rules and Regulation, and Code of Ethics referred to above.

Section 2. Qualification.

An applicant for REALTOR Membership who is a sole proprietor, partner, corporate officer, or branch office manager of a real estate firm shall supply evidence satisfactory to the Board through its Membership Committee or otherwise that he/she is actively engaged in the real estate profession, and maintains a current, valid real estate broker's or salesperson's license or is licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, has a place of business within the state or a state contiguous thereto (unless a secondary member), has no record of recent or pending bankruptcy*, has no record of official sanctions involving unprofessional conduct,** agrees to complete a course of instruction covering the Bylaws and Rules and Regulations of the Board, the Bylaws of the State Association, and 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. (*)

(*) NO RECENT OR PENDING BANKRUPTCY is intended to mean that the applicant or any real estate firm in which the applicant is sole proprietor, general partner, or corporate officer, or branch office manager is not involved in any pending bankruptcy or insolvency proceedings or, has not been adjudged

bankrupt in the past three (3) years. If a bankruptcy proceeding as described above exists, membership may not be rejected unless the Board establishes that its interests and those of its members and the public could not be adequately protected by requiring that the bankrupt applicant pay cash in advance for Board and MLS fees for up to one (1) year from the date that membership is approved or from the date that the applicant is discharged from bankruptcy (whichever is later). In the event that an existing member initiates bankruptcy proceedings, the member may be placed on a "cash basis" from the date that bankruptcy is initiated until one (1) year from the date that the member has been discharged from bankruptcy.

(**) NO RECORD OF OFFICIAL SANCTIONS INVOLVING UNPROFESSIONAL CONDUCT is intended to mean that the Board may only consider judgments within the past three (3) years of violations of (1) civil rights laws; (2) real estate license laws; (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities.

NOTE 2: Article IV, Section 2, of the NAR Bylaws prohibits Member Boards from knowingly granting REALTORÒ membership to any applicant who has an unfulfilled sanction pending which was imposed by another Board or Association of REALTORSÒ for violation of the Code of Ethics. (Adopted 1/01)

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 committee 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 and Rules and Regulations of the Local Board, State Association and the National Association.

The Board/Association will also consider the following in determining as applicant’s qualifications for REALTORÒ membership:

All final findings of Code of Ethics violations and violations of other membership duties in any other association within the past three (3) years

Pending ethics complaints (or hearings)

Unsatisfied discipline pending

Pending arbitration requests (or hearings)

Unpaid arbitration awards or unpaid financial obligations to any other association or association MLS

"Provisional" membership may be granted in instances where ethics complaints or arbitration requests (or hearings) are pending in other associations or where the applicant for membership has unsatisfied discipline pending in another association (except for violations of the Code of Ethics; See Article V, Section 2(a) 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 REALTORSÒ and shall be subject to all of the same privileges and obligations of REALTORÒ membership. If a member resigns from another association with an ethics complaint he/she will submit to the pending ethics or arbitration proceeding (in accordance with the established procedures of the association to which the applicant has made application) and will abide by the decision of the hearing panel. (Amended 1/01)

Section 3. Election.

The procedure for election to membership shall be as follows:

(a) Applicants for REALTOR (and REALTOR-ASSOCIATE, where applicable) 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 ( or REALTOR-ASSOCIATES ) and shall be subject to all of the same privileges and obligations of membership. Provisional membership is granted subject to subsequent review of the application by the Board of Directors. If the Board of Directors determined that the individual does not meet all of the qualifications for membership as established in the association's bylaws, or , if the individual does not satisfy all of the requirements of membership (for example, completion of a mandatory orientation program) within 15 months from the association's receipt of their application, membership may, at the discretion of the Board of Directors, be terminated.

(b) Dues shall be computed from the date of application and shall be non-refundable unless the association's Board of Directors terminated 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 a provisional member with advance notice and an opportunity to appear before the Board of Directors, to call witnesses on his behalf, to be represented by counsel, and to make such statements as he deems relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it or may electronically or mechanically record the proceedings.

(d) If the Board of Directors determines that provisional membership shall be terminated, it shall record its reasons with the Chief Staff Executive. If the Board of Directors believes that termination of provisional membership may become the basis of litigation and a claim of damage by a provisional member, it may specify that termination shall become effective upon entry in a suit by the Board for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the termination violates no rights of the individual.

Section 4. Status Changes.

(a) A REALTOR who changes the conditions under which he holds membership shall be required to provide written notification to the Board within 30 days. A REALTOR (non-principal) who becomes a principal in the firm with which he has been licensed or, alternatively, becomes a principal in a new firm which will be comprised of REALTOR principals may be required to satisfy any previously unsatisfied membership requirements applicable to REALTOR (principal) Members but shall, during the period of transition from one status of membership to another, be subject to all of the privileges and obligations of a REALTOR (principal). If the REALTOR (non-principal) does not satisfy the requirements established in these Bylaws for the category of membership to which they have transferred within 30 days of the date they advised the Association of their change in status, their new membership application will terminate automatically unless otherwise so directed by the Board of Directors.

NOTE: The Board of Directors, at its desecration, may waive any qualification, which the applicant has already fulfilled in accordance with the Association's Bylaws.

Any application fee related to a change in membership status shall be reduced by any amount equal to any application fee previously paid by the applicant.

Dues shall be prorated from the first day of the month 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.

Section 5. New Member Code of Ethics Orientation:

Applicants for REALTORÒ membership and provisional REALTORÒ members (where applicable) shall complete an orientation program on the Code of Ethics of not less then two hours and thirty minutes of instructional time. This requirement does not apply to applicants for REALTORÒ membership or provisional members who have completed comparable orientation in another association, provided that REALTORÒ membership has been continuous, or that any break in membership is for one year or less.

Failure to satisfy this requirement within 15 months 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 ASSCIATION OF REALTORSÒ . (Adopted 1/01)

Section 6. Continuing Member Code of Ethics Training:

Effective January 1, 2001, through December 31, 2002, and for successive two year periods thereafter, each REALTORÒ member of the association shall be required to complete ethics training of not less than two (2) hours 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 REALTORSÒ , the NATIONAL ASSOCIATION OF REALTORSÒ , or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the NATIONAL ASSOCIATION OF REALTORSÒ from time to time. REALTORÒ members who have completed training as a requirement of membership in another association and REALTORÒ members who have completed the New Member Code of Ethics Orientation during any two year cycle shall not be required to complete additional ethics training until a new two year cycle commences.

Failure to satisfy this requirement shall be considered a violation of a membership duty for which REALTORÒ membership shall be suspended until such time as the training is completed. (Adopted 1/01)

 

Members suspended for failing to meet the requirement for the first two (2) year cycle (2001 – 2002) will have until December 31, 2003 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 (2003 – 2004) cycle and subsequent two (2) year cycles will result in suspension of membership for the first two months (January and February) of the year following the end of any two (2) year cycle or until the requirement is met, whichever occurs sooner. On March 1 of that year, the membership of member who is still suspended as of that date will be automatically terminated. (Adopted 1/01, revised 5/05)

ARTICLE VI - PRIVILEGES AND OBLIGATIONS

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

Section 2. Any Member of the Board may be reprimanded, fined, placed on probation, suspended, or expelled by either the Board of Directors of the Board or a Tribunal of the Minnesota Association of REALTORS acting on behalf of the Board of Directors of the Minnesota Association of REALTORS for a violation of these Bylaws and Board Rules and Regulations not inconsistent with these Bylaws, after a hearing as provided in the Code of Ethics and Arbitration Manual of the Board NATIONAL ASSOCIATION of REALTORS. 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, of the Board and the Board of Directors of the Board, or upon recommendation by a hearing panel of the Minnesota Association of REALTORS 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 of the Board may be disciplined by the Tribunal of the Minnesota Association of REALTORS for violations of the Code of Ethics. Any REALTOR Member of the Board may be disciplined by the Board of Directors for other duties of membership, after a hearing as described in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS, 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 it 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.

(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 REALTORÒ.

Section 6. REALTOR Members. REALTOR Members, whether primary or secondary, in good standing whose financial obligations to the Board are paid in full shall be entitled to vote and to hold elective office in the Board; may use the terms "REALTOR" and "REALTORS", which use shall be subject to the provisions of Article VIII; and have the primary responsibility to safeguard and promote the standards, interests, and welfare of the Board and the real estate profession.

(a) If a REALTOR Member is a 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 re-admission 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 with the firm, partnership, or corporation is severed, whichever may apply, or unless the REALTOR who is suspended or expelled removes himself from any form or degree of management control of the firm for the term of the suspension or until re-admission to membership, whichever may apply. Removal of an individual from any form or degree of management control must be certified to the Board by the Member who is being suspended or expelled and by the individual who is assuming management control, and the signatures of such certification must be notarized. In the event the suspended or expelled Member is so certified to have relinquished all form or degree of management control of the firm, the membership of the other partners, corporate officers, or other individuals affiliated with the firm shall not be affected, and the firm, partnership or corporation may continue to use the terms "REALTOR" and "REALTORS" in connection with its business during the period of suspension or until the former Member is admitted to membership in the Board. The foregoing is not intended to preclude a suspended or expelled Member from functioning as a employee or independent contractor, providing no management control is exercised. 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 re-admission of the disciplined Member, or unless connection of the disciplined with the firm, partnership, or corporation is severed, or management control is relinquished, or unless the REALTOR Member (non-principal) elects to sever his connection with the REALTOR and affiliate with another REALTOR Member in good standing in the Association, whichever may apply.

If a REALTOR member other than a sole proprietor in a firm, partner in a partnership, or an officer of a corporation is suspended or expelled the use of the terms "REALTOR" or "REALTORS" by the firm, partnership or corporation shall not be affected.

(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. REALTORâ Personal Assistant/Clerical. REALTORâ Personal Assistant/Clerical Members shall not be entitled to vote or hold an elected or appointed position in the Association and may use the terms REALTORâ and REALTORSâ , which use shall be subject to the provision of Article VIII.

Section 8. 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.

NOTE: Local associations establish the rights and privileges to be conferred on Institute Affiliate Members except that no Institute Affiliate Member may be granted the right to use the term REALTOR, REALTOR-ASSOCIATE, or the REALTOR logo; to serve as President of the local association; or to be a participant in the local association’s Multiple Listing Service..

Section 9. Affiliate Members. Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors. Only one affiliate membership is required per firm, regardless of number of employees.

Section 10. Public Service Members. Public Service Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.

Section 11. Honorary Members. Honorary Membership shall confer only the right to attend meetings and participate in discussions.

Section 12. Student Members. Student Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.

Section 13. Certification by REALTOR. "Designated" REALTOR Members of the Board shall certify the Board on the 1st of October, on a form provided by the Board, a complete listing of all individuals licensed or certified in the REALTORS 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 REALTORS 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 Member 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 14. Legal liability Training. Within two years of the date of election to membership, and every two years thereafter, each REALTOR Member of the Board shall be required to demonstrate that they have completed a course of instruction on anti-trust laws, agency laws, civil rights , and a 2 hour course on the "Code of Ethics", its interpretation and meaning and/or the procedures related to it enforcement.

This requirement will be considered satisfied upon presentation of evidence that the member has completed an educational program conducted by another Member Board, the State Association of REALTORS or any of its affiliated institutes which, in the opinion of the Board of Directors, is an adequate substitute for the training programs conducted by the Board.

Failure to satisfy this requirement biennially will result in membership being suspended from the date it otherwise would be renewed until such time that the member provides evidence of completion of the aforementioned educational requirements.

NOTE: Any education requirement must comply with Interpretation No. 37 of Article I, Section 2, Bylaws, NATIONAL ASSOCIATION OF REALTORS.

Section 15. Harassment. Any member of the association may be reprimanded, placed on probation, suspended or expelled for sexual harassment of an association or MLS employee or Association Officer or Director after a hearing in accordance with the established procedures of the association. Disciplinary action may also consist of any sanction authorized in the association's Code of Ethics and Arbitration Manual. As used in this Section, harassment means any verbal or physical conduct including threatening or obscene language, unwelcome sexual advances, stalking, actions including strikes, shoves, kicks, or other similar physical contact, or threats to do the same, or any other conduct with the purpose or effect of unreasonably interfering with an individual's work performance by creating a hostile, intimidating or offensive work environment. The decision of the appropriate disciplinary action to be taken shall be made by the investigatory team comprised of the President, and President-elect and/or Vice President and one member of the Board of Directors selected by the highest ranking officer not named in the complaint, upon consultation with legal counsel for the association. If the complaint names the President, President-Elect or Vice President, they may not participate in the proceedings and shall be replaced by the Immediate Past President or, alternatively, by another member of the Board of Directors selected by the highest ranking officer not named in the complaint.

(Note: Suggested procedures for processing complaints of sexual harassment are available from the National Association of REALTORSâ Member Policy Department.)

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, and the arbitration of disputes, and the organization and procedures incident thereto, shall be governed by the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS, as amended from time to time, which is by this reference incorporated into these Bylaws, provided, however, that any provision deemed inconsistent with state law shall be deleted or amended to comply with state law."

(a) The enforcement of the Code of Ethics, the disciplining of Members, the arbitration of disputes, and the organization and procedures incident thereto shall be carried out by the Minnesota Association of REALTORS and shall be governed b the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS.

(b) The President shall forward to the Minnesota Association of REALTORS the names of interested REALTOR Members who are willing to serve on the M.A.R. Grievance Committee and Professional Standards Committee. such Members will be subject to the Member Criteria and annual training as required by the Minnesota Association of REALTORS.

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 Local Board, the Constitution and Bylaws of the State Association, the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS, and to abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS, including the duty to arbitrate controversies arising out of real estate transactions as specified by Article 17 of the Code of Ethics, and as further defined and in accordance with the procedures set forth in the Code of Ethics and Arbitration Manual of this Board as from time to time amended.

Section 3. The responsibility of the Board and the Board members relating to the enforcement of the Code of Ethics, the disciplining of members, the arbitration of disputes, and the organization and procedures incident thereto, shall be consistent with the cooperative professional standards enforcement agreement entered into by the Board, which by this reference is made a part of these Bylaws.

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 Board shall have the authority to control, jointly and in full cooperation with the NATIONAL ASSOCIATION OF REALTORS, use of the terms within its jurisdiction.

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 directed 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 member of the firm, partnership, or corporation holds REALTOR membership. If a firm, partnership or corporation operates additional places of business in which no principal, partner, corporate officer, or branch office manager holds REALTOR membership, the term REALTOR or REALTORS may not be used in any reference to those additional places of business. (Amended 1/01)

Section 4. Institute Affiliate Members shall not use the terms "REALTOR" or "REALTORS", nor the imprint of the emblem seal of the NATIONAL ASSOCIATION OF REALTORS.

ARTICLE IX - STATE AND NATIONAL MEMBERSHIPS

Section 1. The Board shall be a Member of the NATIONAL ASSOCIATION OF REALTORS and the MINNESOTA 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 MINNESOTA ASSOCIATION OF REALTORS without further payment of dues. The Local Board shall continue as a Member of the State and National Associations, unless by a majority vote of all its REALTOR Members, decision is made to withdraw, in which case the State and National Associations shall be notified at least one month in advance of the date designated for the termination of such membership.

Section 2. The Board recognizes the exclusive property rights of the NATIONAL ASSOCIATION OF REALTORS in the terms "REALTOR" and "REALTORS". The Board shall discontinue use of the terms in any form in its name, upon ceasing to be a Member of the National Association, or upon a determination by the Board of Directors of the National Association that it has violated the conditions imposed upon the terms.

Section 3. The Local Board adopts the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS and agrees to enforce the Code among its REALTOR Members. The Local Board and all of its Members agree to abide by the Constitution, Bylaws, and Rules and Regulations, and policies of the National Association and the MINNESOTA ASSOCIATION OF REALTORS.

ARTICLE X - DUES AND ASSESSMENTS

Section 1. Application fee. The Board of Directors may adopt an application fee for REALTOR Membership in reasonable amount, not exceeding three times the amount of the annual local dues for REALTOR Membership, which shall be required to accompany each 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 additional amount to be established annually by the Board times the number of real estate salespersons and licensed or certified appraisers who (1) are employed by or affiliated as independent contractors, or who are otherwise directly or indirectly licensed with such REALTOR Member, and (2) are not REALTOR Members of any Board in the state or a state contiguous thereto, or a REALTORâ Personal Assistant/Clerical Member of the Board, 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 DR has paid dues 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 is a firm, partnership, or corporation whose business activity is substantially all commercial, any assessments for non-member licensees shall be limited to licensees affiliated with the Designated REALTOR (as defined in (1) and (2) of this paragraph) in the office where the Designated REALTOR holds membership, and any other offices of the firm located within the jurisdiction of this board. *(Amended 1/01)

(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 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 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) The annual dues of REALTOR Members other than the Designated Realtor, shall be 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.

NOTE: The Institutes, Societies and Councils of the National Association shall be responsible for collecting and remitting dues to the National Association for Institute Affiliate Members ($75.00) The National Association shall credit $25.00 to the account of a local association for each Institute Affiliate Member whose office address is within the assigned territorial jurisdiction of that association, provided, however, if the office location is also within the territorial jurisdiction of a Commercial Overlay Board (COB), the $25.00 amount will be credited to the COB, unless the Institute Affiliate Member directs that the dues be distributed to the other board. The National Association shall also credit $25.00 to the account of state associations for each Institute Affiliate Member whose office address is locat4dwithin the territorial jurisdiction of the state association. Local and state associations may not establish any additional entrance, initiation fees or dues for Institute Affiliate Members, but may provide service packages to which Institute Affiliate Members may voluntarily subscribe.

Affiliate Members. The annual dues of each Affiliate Member shall be established annually by the Board of Directors.

Public Service Members. The annual dues of each Public Service Member shall be established annually by the Board of Directors.

Honorary Members. Dues payable, if any, shall be at the discretion of the Board of Directors.

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 by payable annually in advance of the first day of October. If any member has not paid the Association Dues by Oct. 15th a financial penalty will be assessed Dues for new members shall be computed from the first day of the month in which a Member is notified of election and shall be prorated for the remainder of the year.

(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 licensee remains with the "designated" REALTORS 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 30days of the notice of termination.

Section 4. Nonpayment of Financial Obligations. If payment of Association dues are not received by Oct. 15th a penalty fee of _$25.00_ will be charged to the Broker for each member not paid. If fees, fines, or other assessments including amounts owed to the Board's Multiple Listing Service are not paid within one (1) month after the due date, the non-paying Member is subject to suspension at the desecration of the Board of Directors.

Three (3) 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 nonpayment of disputed amounts until the accuracy of the amount owed has been confirmed by the Board of Directors. A former Member who has had his membership terminated for nonpayment of dues, fees, fines, or other assessments duly levied in accordance with the provisions of these Bylaws or the provisions of other Rules and regulations of the Board or any of its services, departments, divisions or subsidiaries may apply for reinstatements 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 Association Executive Officer shall administer the day to day finances of the Board. Capital expenditures in excess of $100.00 may not be made unless authorized by 51% of the Board Members present at the meeting.

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

Section 8. The dues of REALTOR Members who are REALTOR Emirate (as recognized by the National Association), Past Presidents of the National Association or recipients of the Distinguished Service Award shall be as determined by the Board of Directors.

NOTE: A Member Board's dues obligation to the National Association is reduced by an amount equal to the amount which the Board is assessed for a REALTOR Member, times the number of REALTOR Emirate (as recognized by the National Association), Past Presidents of the National Association, and recipients of the Distinguished Service Award of the National Association who are REALTOR Members of the Board. The dues obligation of such individuals to the Local Board should be reduced to reflect the reduction in the Board's dues obligation to the National Association. The Board may, at its option, choose to have no dues requirement for such individuals except as may be required to meet the Board's obligation to the State Association with respect to such individuals. Member Boards should determine whether the dues payable by the Association to the State Association are reduced with respect to such individuals. It should be noted that this does not affect a "designated" realtors dues obligation to the Board with respect to those licensees employed by or affiliated with the "designated" REALTOR who are not Members of the Local Board.

ARTICLE XI - OFFICERS AND DIRECTORS

Section 1. Officers. The elected officers of the Board shall be: a President, a Vice President, a Secretary, and a Treasurer. The Secretary and Treasurer may be the same person. They shall be elected for terms of one year.

Section 2. Duties of Officers. The duties of the officers shall be such as their titles, by general usage, would indicate and such as may be assigned to them by the Board of Directors. It shall be the particular duty of the Chief Staff Executive to keep the records of the Board and to carry on all necessary correspondence with the NATIONAL ASSOCIATION OF REALTORS AND THE MINNESOTA ASSOCIATION OF REALTORS.

Section 3. Board of Directors. The governing body of the Board shall be a Board of Directors consisting of the elective officers, seven active members of the Board the immediate past president, and the immediate MLS Chairman. Directors shall be elected to serve for terms of three years, except that in organization, one-third of the elective Directors shall be elected for terms of one, two, and three years, respectively, or for such lesser terms as may be necessary to complete the first fiscal year. Thereafter, as many Directors shall be elected each year as are required to fill vacancies.

Section 4. Election of Officers and Directors.

(a) At least two (2) months before the annual election, a Nominating Committee of four (4) REALTOR Members shall be appointed by the President with the approval of the Board of Directors. The Nominating Committee shall select candidates(s) for each officer and candidate(s) for each place to be filled on the Board of Directors. The report of the Nominating Committee shall be mailed or where permitted by state law, electronically transmitted to each Member eligible to vote at least three (3) weeks preceding the election. Additional candidates for the offices to be filled may be placed in nomination by petition signed by at least 25% of the REALTOR Members eligible to vote. The petition shall be filed with the Chief Staff Executive at least two (2) weeks before the election. The Chief Staff Executive shall send notice of such additional nominations to all Members eligible to vote before the election.

(b) 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. The ballot shall contain the names of all candidates and the offices for which they are nominated.

(c) The President, with the approval of the Board of Directors, shall appoint an Election committee of three (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 and Directors. In the event that an Officer or Director is deemed to be incapable of fulfilling the duties for which elected, but will not resign from office voluntarily, the Officer or Director may be removed from office under the following procedure:

(a) A petition requiring the removal of an Officer or Director and signed by not less than one-third of the voting membership or a majority of all Directors shall be filed with the President, or if the President is the subject of the petition, with the next-ranking officer, and shall specifically set forth the reasons the individual is deemed to be disqualified from further service.

(b) Upon receipt of the petition, and not less than twenty (20) days or more than forty-five (45) days thereafter, a special meeting of the voting membership of the Board shall be held, and the sole business of the meeting shall be to consider the charge against the Officer or Director, and to render a decision on such petition.

(c) The special meeting shall be noticed to all voting Members at least ten (10) days prior to the meeting, and shall be conducted by the President of the Board unless the President's continued service in office is being considered at the meeting. In such case, the next-ranking officer will conduct the meeting of the hearing by the Members. Provided a quorum is present, a three-fourths vote of Members present and voting shall be required for removal from office.

ARTICLE XII - MEETINGS

Section 1. Annual Meetings. The annual meeting of the Board shall be held during September 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.

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 25% 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 at a Board of Directors meeting shall consist of a majority of directors in attendance eligible to vote. A quorum for the transaction at other meetings shall consist of members in attendance 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:

Education/ Program/Public Relations (E P & P)

Finance Legislative

MLS Grievance/Equal Opportunity

Professional Standards

Section 2. Special Committees. 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.

Section 4. President. The President shall be an ex-officio member of all standing committees and shall be notified of their meetings.

Section 5. Action without Meeting. Any committee may act by unanimous consent in writing without a meeting. The consent shall be evidenced by one or more written approvals, each of which sets forth the action taken and bears the signature of one or more of the members of the committee.

Section 6. Attendance by Telephone. Members of a committee may participate in any meeting through the use of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Such participation shall be at the discretion of the President and shall constitute presence at the meetings.

ARTICLE XIV - INDEMNIFICATION

Section 1. Any person, including any past, present or future director, officer, committee member, employee or agent of the Association ( or the heirs or legal representatives of any such directors, officer, committee member or employee or agent) made or threatened to be made a party to any action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he/she his/her testator, or intestate, is or was a director, officer, committee member, employee or agent of the Association or performed any service at the request of the Association shall be indemnified by the Association, and the Association advance his/her related expenses in the manner and to the full extent of provided by the law of the state of Minnesota.

ARTICLE XV - FISCAL AND ELECTIVE YEAR

Section 1. The fiscal and elective year of the Board shall be October 1 to September 30.

ARTICLE XVI - RULES OF ORDER

Section 1. 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 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 a 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 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 term "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 1. Upon the dissolution of this Board, the Board of Directors, after providing for the payment of all obligations, shall distribute any remaining assets to the MINNESOTA ASSOCIATION OF REALTORS or, within its discretion, to any other nonprofit tax exempt organization.

ARTICLE XIX - MULTIPLE LISTING

Multiple Listing Service Operated as a Committee of the Association

Section 1. Authority. The Board of REALTORS shall maintain for the use of its Members a Multiple Listing Service which shall be subject to the Bylaws of the Board of REALTORS 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 nonagency 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). (Amended 11/04)

Section 3. Participation. Any REALTOR Member of this or any other Board who is a principal, partner, or corporate officer, or branch manager acting on behalf of the principal, without further qualification, 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 "Membership" or "Participation" unless they hold a current, valid real estate broker's license and are capable of offering and accepting 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 licenser(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 or published by a Board Multiple Listing Service where access to such information is prohibited by law.

Section 4. Supervision. The activity shall be operated under the supervision of the Multiple Listing Committee, in accordance with the Rules and Regulations, subject to approval of the Board of Directors.

Section 5. Appointment of Committee. The President shall appoint, subject to the confirmation of the Board of Directors, a Multiple Listing Committee of one (1) Representative per office. All members of the committee shall be Participants in Multiple Listing except, at the option of the Local Board, REALTORS or REALTOR ASSOCIATES affiliated with the Participants may be appointed to serve in such numbers as determined by the Local Board. The Committee Members so named shall serve two-year terms. The Committee shall select its Chairman from among the members thereof. (The Chairman may be designated by the President.)

Section 6. Vacancies. Vacancies in unexpired terms shall be filled as in case of original appointees.

Section 7. Attendance. Any Committee Member who fails to attend three (3) consecutive regular or special meetings of the committee, without excuse acceptable to the Chairman of the Committee, shall be deemed to have resigned from the Committee and the vacancy shall be filed as herein provided for original appointees.

Section 8. Access to Comparable and Statistical Information. Realtors® who are actively engaged in real estate brokerage, management, mortgage financing, appraising, land development or building, but who do not participate in the MLS, are nonetheless entitled to receive, by purchase or lease, information other than current listing information that is generated wholly or in part by the MLS including "comparable" information, "sold" information, and statistical reports. This information is provided for the exclusive use of these members and individuals affiliated with these members who are also engaged in the real estate business and may not be transmitted, retransmitted, or provided in any manner to any unauthorized individual, office or firm except as other wise specified in the MLS Rules and Regulations. Board Members who receive such information, either as a Board service or through the Board's MLS, are subject to the applicable provisions of the MLS Rules and Regulations whether they participate in the MLS or not. (Amended 11/04)

Section 9. Subscribers: Subscribers (or users) of the MLS include non-principal brokers, sales associates, personal assistants/clerical staff and licensed or certified appraisers.

(** NOTE: REALTOR IS A REGISTERED TRADEMARK OF THE NATIONAL ASSOCIATION OF REALTORS.)

 

 

ALEXANDRIA AREA MLS SERVICE

 

ALEXANDRIA AREA MLS SERVICE

 

RULES AND REGULATIONS

 

 

 

TABLE OF CONTEXT

 

Listing Procedures   .........................................................      Pgs.       2.

 

Selling Procedures   .........................................................      Pgs.       5.

 

Division of Commissions   ................................................     Pgs.       6.

 

Service Charges   ............................................................       Pg.         8.

                       

Compliance with Rules   ..................................................      Pg.         8.

 

Meetings    ......................................................................       Pg.         9.

 

            Personal Assistant/Clerical Member      ………………..       Pg.         9.

 

Enforcement of Rules or Disputes  ....................................    Pg.         10.

 

Confidentiality of MLS Information   .................................  Pg.        10.

 

Ownership MLS Compilations & Copyrights   ...............      Pg.        11.

 

Use of MLS Information    ................................................    Pg.        12.

 

Standards of Conduct for MLS Participants    ……………  Pg.       12.

 

Internet Data Exchange (IDX)    .......................................    Pg.        15.

 

Data Share Cooperative (DSC)    ………………………..    Pg.        17.

 

Lock Boxes   ....................................................................      Pgs.      20.

 

 

 

 

 

 

 

 

 

 

 

 

LISTING PROCEDURES

 

Section 1 - Listing Procedures:       Listings of real or personal property of the following types, which are listed subject to a real estate broker's license, located within the territorial jurisdiction of the Board of REALTORS taken by Participants on (a) Exclusive Right to Sell Listing and (b) Commercial-Industrial Exclusive Listing Agreement Sale shall be delivered to the Multiple Listing Service within 48 hours, photo’s  72 hrs (excluding holidays and weekends) after all necessary signatures of seller(s) have been obtained.

(Amended 3/06)

 

                (a)           Single family homes for sale or exchange

                (b)           Vacant lots and acreage for sale or exchange

                (c)           Multi-family residential buildings for sale or exchange

                (d)           Farms for sale or exchange

                (e)           Commercial land or businesses for sale or exchange

 

Note 1:   The Multiple Listing Service shall not require a Participant to submit listings on a form other than   the form the Participant individually chooses to utilize provided the listing is of a type accepted by the Service, although a property data form may be required as approved by the Multiple Listing Service. However, the Multiple Listing Service, through its legal counsel:

 

                1.  May reserve the right to refuse to accept a listing form, which fails to adequately protect the interest of the public and the Participants

 

2. Assure that no listing form filed with the multiple Listing Service establishes, directly or indirectly, any contractual relationship between the Multiple Listing Service and the client (buyer or seller)

 

                The Multiple Listing Service shall accept exclusive right to sell listing contracts and exclusive agency listing contracts, and may accept other forms of agreement which make it possible for the listing broker to offer compensation to the other Participants of the Multiple Listing Service acting as subagents, buyer agents, or both. (Amended 11/96)

 

                The listing agreement must include the seller's written authorization to submit the agreement to the Multiple Listing Service. (Amended 11/96)

 

                The different types of listing agreements include:

 

                (a) exclusive right to sell

                (b) exclusive agency

                (c) open

                (d) net

 

                The Service may not accept net listings because they are deemed unethical and, in most states, illegal. Open listings are not accepted except where required by law because the inherent nature of an open listing is such as to usually not include the authority to cooperate and compensate other borders and inherently provides a disincentive for cooperation. (Amended 4/92)

 

                The exclusive right to sell listing is the conventional form of listing submitted to the Multiple Listing Service in that the seller authorizes the listing broker to cooperate with and to compensate other brokers. (Amended 4/92)

                The exclusive agency listing also authorizes the listing broker, as exclusive agent, to offer cooperation and compensation on blanket unilateral bases, but also reserves to the seller the general right to sell the property on an unlimited or restrictive basis. Exclusive agency listings and exclusive right to sell listing with named prospects exempted should be clearly distinguished by a simple designation such as a code or symbol from exclusive right to sell listing with no named prospects exempted, since they can present special risks of procuring cause controversies and administrative problems not posed by exclusive right to sell listing with no named prospects exempted. Care should be exercised to insure that different codes or symbols are used to denote exclusive agency and exclusive right to sell listing with prospect reservations. (Amended 4/92)

 

Note 2: a Multiple Listing Service does not regulate the type of listings its Members may take. This does not mean that a Multiple Listing Service must accept every type of listing. The Multiple Listing Service shall decline to accept open listings (except where acceptance is required by law) and net listings, and it may limit its service to listings of certain kinds of property. But, if it chooses to limit the kind of listings it will accept, it shall leave its Members free to accept such listings to be handled outside the Multiple Listing Service.

 

Note 3: A Multiple Listing Service may, as a matter of local option, accept exclusively listed property that is subject to auction. If such listings do not show a listed price, they may be included in a separate section of the MLS compilation of current listings. (Adopted 11/92) We do not accept listings to be sold at Auction in our MLS compilation.

 

Types of Properties:          Following are some of the types of properties that may be published through the Service, including types described in the preceding paragraph that are required to be filed with the Service and other types that may be filed with the Service at the Participant's option provided, however, that any listing submitted entered into within the scope of the Participant's licenser as a real estate broker: (Amended 11/91)

 

                (1)           Residential                                            (6)           Commercial

                (2)           Residential with Acreage                    (7)           Resorts

                (3)           Lakeshore Homes/Cottages              (8)           Lakeshore Lots/Acreage

                (4)           Condo/Townhome                              (9)           Farms With Buildings

                (5)           Multi-Unit                                             (10)         Bare Lots/Acreage

 

Section 1.1            Listings Subject to Rules and Regulations of the Service:       Any listing taken on a contract to be filed with the Multiple Listing Service is subject to the Rules and Regulations of the Service upon signature of the seller(s).

 

 

Section 1.2            Detail on Listings Filed with the Service:    A listing agreement or property data form, when filed with the Multiple Listing Service by the listing broker, shall be complete in every detail, including photo’s which is ascertainable as specified on the property data form. (Amended 3/06)

 

 

Section 1.3            Exempted Listings:            If the seller refuses to permit the listing to be disseminated by the Service, the Participant may then take the listing ("office exclusive") and such listing shall be filed with the Service but not disseminated to the Participants. Filing of the listing should be accompanied by certification signed by the seller that he does not desire the listing to be disseminated by the Service.

 

Note:      Section 1.3 is not required if the Service does not require all Exclusive Right to Sell listings to be      submitted by a Participant to the Service.

 

Section 1.4            Change of Status of Listing:            Any change in listed price or other change in the original listing agreement shall be made only when authorized in writing by the seller and shall be filed with the Service within twenty-four (24) hours (excepting weekends, holidays, and postal holidays) after the authorized change is received by the listing broker.

 

 

Section 1.5            Withdrawal of Listing Prior to Expiration:               Listings of property may be withdrawn from the Multiple Listing Service by the listing broker before the expiration date of the listing agreement, provided notice is filed with the Service, including a copy of the agreement between the seller and the listing broker which authorized the withdrawal.

 

Sellers do not have the unilateral right to require an MLS to withdraw a listing without the listing broker's concurrence. However, when a seller(s) can document that his exclusive relationship with the listing broker has been terminated, the Multiple Listing Service may remove the listing at the request of the seller. (Adapted 11/96)

 

 

Section 1.6            Contingencies Applicable to Listings:          Any contingency or conditions of any term in a listing shall be specified and noticed to the Participants.

 

 

Section 1.7            Listing Price Specified:    The full gross listing price stated in the listing contract will be included in the information published in the MLS compilation of current listings, unless the property is subject to auction. (Amended 11/92)

 

Section 1.8            Listing Multiple Unit Properties:   All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data form. When part of a listed property has been sold, proper notification should be given to the Multiple Listing Service.

 

Section 1.9            No Control of Commission Rates or Fees Charged by Participants:   The Multiple Listing Service shall not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by Participants. Further, the Multiple Listing Service shall not fix, control, recommend, suggest, or maintain the division of commissions or fees between cooperating Participants or between Participants and non-participants.

 

Section 1.10         Expiration of Listings:     Any listing filed with the Multiple Listing Service will automatically be removed from the compilation of current listings on the expiration dates specified in the agreement, unless prior to that date the MLS received notice that the listing has been extended or renewed. (Amended 11/01)

 

If notice of renewal or extension is received after the listing has been removed from the compilation of current listings, the extension or renewal will be published in the same manner as a new listing.  Extensions or renewals of  listings must be signed by the seller(s) and filed with the Service. (Amended 11/01)

 

Section 1.11         Termination Date on Listings:       Listings filed with the Service shall bear a definite and final termination date, as negotiated between the listing broker and the seller.

 

Section 1.12         Jurisdiction:        Only listings of the designated types of property located within the jurisdiction of the MLS are required to be submitted to the Service. Listings of property located outside the MLS's jurisdiction will be accepted if submitted voluntarily by the Participant, but cannot be required by the Service. (Amended 11/01)

 

**Todd County except that area north of State Highway 210 from the Ottertail County line straight east to Motley: Douglas County and Pope County.

 

 Note: Boards must choose whether the Service will accept listings from beyond its jurisdiction into the MS compilation. (Amended 11/88)

 

Section 1.13         Listings of Suspended Participants:              When a Participant of the Service is suspended from the MLS for failing to abide by a membership duty (i.e., violation of the Code of Ethics, Board Bylaws, MLS Bylaws, MLS Rules and Regulation, or other membership obligation except failure to pay appropriate dues, fees or charges), all listings currently filed with the MLS by the suspended Participant shall, at the Participant's option, be retained in the Service until sold, withdrawn or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the suspension became effective. If a Participant has been suspended from the Board (except where MLS participation without Board membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees or charges, a Board MLS is not obligated to provide MLS services, including continued inclusion of the suspended Participant's listings in the MLS compilation of current listing information. Prior to any removal of a suspended Participant's listings from the MLS, the suspended Participant should be advised in writing of the intended removal so that the suspended Participant may advise his clients.

 

Section 1.14         Listings of Expelled Participants: When a Participant of the Service is expelled from the MLS for failing to abide by a membership duty  (i.e., violation of the Code of Ethics, Board Bylaws, MLS Bylaws, MLS Rules and Regulations, or other membership obligations except failure to pay appropriate dues, fees, or charges), all listings currently filed with the MLS shall, at the expelled Participant's option, be retained in the Service until sold, withdrawn, or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the expulsion became effective. If a Participant has been expelled from the Board (except where MLS participation without Board membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees, or charges, a Board MLS is not obligated to provide MLS services, including continued inclusion of the expelled Participant's listings in the MLS compilation of current listing information. Prior to any removal of an expelled Participant's listings from the MLS, the expelled Participant should be advised, in writing, of the intended removal so that the expelled Participant may advise his clients.

 

Section 1.15         Listings of Resigned Participants: When a Participant resigns from the MLS, the MLS is not obligated to provide services, including continued inclusion of the resigned Participant's listings in the MLS compilation of current listing information. Prior to any removal of a resigned Participant's listings from the MLS, the resigned Participant should be advised, in writing, of the intended removal so that the resigned Participant may advise his clients.

 

 

SELLING PROCEDURES

 

Section 2:              Selling Procedures

                Appointments for showings and negotiations with the seller for the purchase of listed property filed with the Multiple Listing Service shall be conducted through the listing broker except under the following circumstances:

                (a)           The listing broker gives the cooperating broker specific authority to show and/or negotiate directly, or

                (b)           After reasonable effort, the cooperating broker cannot contact the listing broker or his      representative. However, the listing broker, at his option, may preclude such direct negotiations           by cooperating brokers. (Amended 4/92)

 

Section 2.1            Presentation of Offers      The listing broker must make arrangements to present the offer as soon as possible, or give the cooperating broker a satisfactory reason for not doing so. (Amended 4/92)

 

Section 2.2            Submission of written offers           The listing broker shall submit to the seller all written offers until closing unless precluded by law, government rule, regulation, or agreed otherwise in writing between the seller and the listing broker. Unless the subsequent offer is contingent upon the termination of an existing contract, the listing broker shall recommend that the seller obtain the advice of legal counsel prior to acceptance of the subsequent offer. (Amended 11/87)

 

Participants representing buyers or tenants shall submit to the buyer or tenant all offers and counter-offers until acceptance, and shall recommend that buyers and tenants obtain legal advice where there is a question about whether a pre-existing contract has been terminated. (Amended 11/05)

 

Section 2.3            Right of Cooperating broker in presentation of offer             The cooperating broker (subagent or buyer agent) or his representative has the right to participate in the presentation to the seller or lessor of any offer he secures to purchase or lease. He does not have the right to be present at any discussion or evaluation of the offer by the seller or lessor and the listing broker. However, if the seller or lessor gives written instructions to the listing broker that the cooperating broker not be present when an offer the cooperating broker secured is presented, the cooperating broker has the right to a copy of the seller's written instructions. None of the foregoing diminishes the listing broker's right to control the establishment of appointments for such presentations. (Amended 4/92)

 

Section 2.4            Right of Listing Broker in presentation of counter-offer       The listing broker or his representative has the right to participate in the presentation of any counter-offer made by the seller or lessor. He does not have the right to be present at any discussion or evaluation of a counter-offer by the purchaser or les