ARTICLE I — NAME
SECTION 1. NAME. The name of this organization shall be the BRIGHAM – TREMONTON BOARD 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 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 UTAH 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.
ARTICLE III — JURISDICTION
SECTION 1. The territorial jurisdiction of the Board as a member of the NATIONAL ASSOCIATION OF REALTORS® is: All of BOX ELDER COUNTY in the state of UTAH.
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 seven classes of members as follows:
(a) REALTOR® Members. REALTOR® members whether primary or secondary shall be:
(1) Individuals who, as sole proprietors, partners, or corporate officers, or branch office managers, are engaged actively in the real estate profession, including buying, selling, exchanging, renting or leasing, managing, appraising for others for compensation, counseling, building, developing or subdividing real estate, and who maintain or are associated with an established real estate office in the state of Utah 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.
NOTE: REALTOR® members may obtain membership in a “secondary” Board in another state.
(2) Individuals who are engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office managers and are associated with a REALTOR® member and meet the qualification set out in Article V.
(3) Corporate officers (who may be licensed or unlicensed) of a real estate brokerage franchise organization with at least one-hundred fifty (150) franchisees located within the United States, its insular possessions and the commonwealth of Puerto Rico, elected to membership pursuant to the 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; and the right to hold elective office in the local Board, state association and National Association.
(4) Primary and secondary REALTOR® members. An individual is a primary member if the Board pays state and National dues based on such Member. An individual is a secondary member if state and National dues are remitted through another Board. One of the principals in the real estate firm must be a Designated REALTOR® member of the Board in order for licensees affiliated with the firm to select the Board as their “primary” Board.
(5) Designated REALTOR® Members. Each firm (or office in case of firms with multiple office locations) shall designate in writing one REALTOR® member who shall be responsible for all duties and obligations of membership including the obligation to arbitrate pursuant to Article 17 of the Code of Ethics and the payment of Board dues as established in Article X of the Bylaws. The “Designated REALTOR®” must be a sole proprietor, partner, corporate officer or branch office manager acting on behalf of the firm’s principal(s) and must meet all other qualification for REALTOR® membership established in Article V, Section 2, of the Bylaws.
(6) The current President of the Utah Association of REALTORS® shall be a member of the Brigham-Tremonton Board of REALTORS® during his or her term of office and shall be qualified to represent the Brigham Tremonton Board of REALTORS® as a delegate to the NATIONAL ASSOCIATION OF REALTORS® Delegate Body if requested to do so by the President of the Brigham Tremonton Board of REALTORS®. Local Board dues for the UAR President shall be waived.
(b) Institute Affiliate Members. Institute Affiliate members shall be individuals who hold a professional designation awarded by a 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® membership, subject to payment of applicable dues for such membership.
(c) Affiliate Members. Affiliate members shall be real estate owners and other individuals or firms who, while not engaged in the real estate profession as defined in paragraphs (a) or (b) of this Section, have interests requiring information concerning real estate, and are in sympathy with the objective of the Board.
(d) Public Service Members. Public Service members shall be individuals who are interested in the real estate profession as employees of or affiliated with educational, public utility, governmental or other similar organizations, but are not engaged in the real estate profession on their own account or in association with an established real estate business.
(e) Honorary Members. Honorary members shall be individuals not engaged in the real estate profession who have performed notable service for the real estate profession, for the Board, or for the public.
(f) Student Members. Student members shall be individuals who are seeking an undergraduate or graduate degree with a specialization or major in real estate at institutions of higher learning, and who have completed at least two years of college and at least one college level course in real estate, but are not engaged in the real estate profession on their own account or not associated with an established real estate office.
(g) Emeritus Members. An Emeritus Member shall be one who has been so designated by either the Board, the UAR or the NAR. Emeritus status shall be approved by the Board of Directors.
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 Constitution, Bylaws, and Rules and Regulations of the Board, the State and National Associations, and if elected a member, will abide by the Constitution, Bylaws and Rules and Regulations of the Board, State and National Associations, and if a REALTOR® member, will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, including the obligation to arbitrate controversies arising out of real estate transactions as specified by Article 17 of the Code of Ethics, and as further specified in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®, as from time to time amended, and (2) that applicant consents that the Board may invite and receive information and comment about applicant from any Member or other persons, and that applicant agrees that any information and comment furnished to the Board by any person in response to the invitation shall be conclusively deemed to be privileged and not form the basis of any action for slander, libel, or defamation of character. The applicant shall, with the form of application, have access to a copy of the Bylaws, Constitution, Rules and Regulations and Code of Ethics referred to above.
SECTION 2. QUALIFICATION.
(a) An applicant for REALTOR® Membership who is sole proprietor, partner, corporate officer, or branch office manager of a real estate firm shall supply evidence satisfactory to the Board of Directors that they are actively engaged in the real estate profession, and maintain a current, valid real estate broker’s or salesperson’s license or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, have a place of business within the state or a state contiguous thereto (unless a secondary member), have no record of recent or pending bankruptcy*, have no record of official sanctions involving unprofessional conduct**, agree to complete a course of instruction covering the Bylaws and Rules and Regulations of the Board, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, and shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Board and shall agree that if elected to membership, they will abide by such Constitution, Bylaws, Rules and Regulations, and Code of Ethics.
* NO RECENT OR PENDING BANKRUPTCY is intended to mean that the applicant or any real estate firm in which the applicant is a sole proprietor, general partner, or corporate officer, or branch office manager, is not involved in any pending bankruptcy or insolvency proceedings or, has not been adjudged bankrupt in the past three (3) years. If a bankruptcy proceeding as described above exists, membership may not be rejected unless the Board establishes that its interests and those of its members and the public 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: Article IV, Section 2, of the NAR Bylaws prohibits Member Boards from knowingly granting REALTORS® or REALTOR®-ASSOCIATES membership to any applicant who has an unfulfilled sanction pending which was imposed by another Board or Association of REALTORS® for violation of the Code of Ethics.
(b) Individuals who are actively engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office managers, in order to qualify for REALTOR® membership, shall at the time of application, be associated either as an employee or as an independent contractor with a Designated REALTOR® member of the Board, or a Designated REALTOR® Member of another Board (if a secondary member) and must maintain a current, valid real estate broker’s or salesperson’s license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, shall complete a course of instruction covering the Bylaws and Rules and Regulations of the Board, the Bylaws of the State Association, and the Constitution and Bylaws and the 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 Member Services Committee, and shall agree in writing that if elected to membership they 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.
(c) The Board will also consider the following in determining an applicant’s qualifications for REALTOR® membership.
1. All final findings of Code of Ethics violations and violations of other membership duties in any other association within the past three (3) years.
2. Pending ethics complaints (or hearings)
3. Unsatisfied discipline pending
4. Pending arbitration requests (or hearings)
5. Unpaid arbitration awards or unpaid financial obligations to any other association or association MLS
6. Any misuse of the term REALTOR® or REALTORS® on the name of the applicant’s form
“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 where 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 of provisional membership is approved. Provisional members shall be considered REALTORS® and shall be subject to all of the same privileges and obligations of REALTOR® Membership.
If a member resigns from another association with an ethics complaint or arbitration pending, the association may condition membership on the applicant’s certification that he/she will submit to the pending ethics or arbitration proceeding (in accordance with the established procedures of the association to which the applicant has made application) and will abide by the decision of the hearing panel.
SECTION 3. ELECTION.
The procedure for election to membership shall be as follows:
(a) Applicants for REALTOR® membership shall be granted provisional membership immediately upon submission of a completed application form and remittance of applicable Board dues and any application fee. Provisional members shall be considered REALTORS® and shall be subjected to all of the same privileges and obligations of membership. Provisional membership is granted subject to subsequent review of the application by the Board of Directors. If the Board of Directors determines that the individual does not satisfy all of the qualifications for membership as established in the Board’s bylaws, or if the individual does not satisfy all of the requirements of membership (for example, completion of a mandatory orientation program to include Code of Ethics and Fair Housing) within 90 days from the Board’s receipt of their application, membership may, at the discretion of the Board of Directors, be terminated.
(b) Dues shall be computed from the date of application and shall be non-refundable unless the association’s Board of Directors terminates the individual’s membership in accordance with subsection (a) above. In such instances, dues shall be returned to the individual less a prorated amount to cover the number of days that the individual received Board services and any application fee.
(c) The Board of Directors may not terminate any provisional membership without providing the provisional member with advance notice, an opportunity to appear before the Board of Directors, to call witnesses on his behalf, to be represented by counsel and to make such statements as he deems relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it or may electronically or mechanically record the proceedings.
(d) If the Board of Directors determines that provisional membership should be terminated, it shall record its reasons with the Secretary. If the Board of Directors believes that termination of provisional membership may become the basis of litigation and a claim of damage by a provisional member, it may specify that termination shall become effective upon entry in a suit by the Board for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the termination violates no rights of the individual.
SECTION 4. NEW MEMBER CODE OF ETHICS.
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 of provisional members who have completed comparable orientation in another association, provided that REALTOR® membership has been continuous, or that any break in membership is for one year or less.
Failure to satisfy this requirement within 90 days of the date of application (or, alternatively, the date that provisional membership was granted), will result in denial of the membership application or termination of provisional membership.
NOTE: Orientation programs must meet the learning objective and minimum criteria established from time to time by the NATIONAL ASSOCIATION OF REALTORS®
SECTION 5. CONTINUING MEMBER CODE OF ETHICS TRAINING.
Effective January 1 through December 31, 2018, and for successive two 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 biannual ethics training of not less than two (2) hours and thirty (30) minutes of instructional time. This requirement will be satisfied upon presentation of documentation that the member has completed a course of instruction conducted by this or another association, the State 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 two (2) year cycle shall not be required to complete additional ethics training until a new two (2) year cycle commences.
Failure to complete the required ethics training shall be considered a violation of a membership duty. Failure to meet the requirement in any two (2) year cycle 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 a member who is still suspended as of that date will be automatically terminated. ( Amended 11/2016)
SECTION 6. 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 Board 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 discretion, may waive any qualification which the applicant has already fulfilled in accordance with the Board’s Bylaws.
(b) Any application fee related to a change in membership status shall be reduced by an amount equal to any application fee previously paid by the applicant.
(c) Dues shall be prorated from the 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.
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 the Board of Directors for a violation of these Bylaws and Board Rules and Regulations not inconsistent with these Bylaws, after hearing as provided in the Code of Ethics and Arbitration Manual of the Board. Although members other than REALTORS® are not subject to the Code of Ethics or 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 by a hearing panel of the Professional Standards Committee, be subject to discipline as described above, for any conduct, which in the opinion of the Board of Directors, applied on a nondiscriminatory basis, reflects adversely on the terms REALTOR® or REALTORS®, and the real estate industry, or for conduct that is inconsistent with or adverse to the objectives and purposes of the local Board, the State Association, and the NATIONAL ASSOCIATION OF REALTORS®.
SECTION 3. Any REALTOR® member of the Board may be disciplined by the Board of Directors for violations of the Code of Ethics or other duties of membership, after a hearing as described in the Code of Ethics and Arbitration Manual of the Board, provided that the discipline imposed is consistent with the discipline authorized by the Professional Standards Committee of the NATIONAL ASSOCIATION OF REALTORS® as set forth in the Code of Ethics and Arbitration Manual of the National Association.
SECTION 4. Resignations of members shall become effective when received in writing by the Board of Directors, provided however, that if any member submitting the resignation is indebted to the Board for dues, fees, fines, or other assessments of the Board or any of its services, departments, divisions, or subsidiaries, the Board may condition the right of the resigning member to reapply for membership upon payment in full of all such monies owed.
SECTION 5. If a member resigns from the Board or otherwise causes membership to terminate with an ethics complaint pending, the complaint shall be processed until the decision of the association with respect to disposition of the complain is final by this association (if respondent does not hold membership in any other association) or by any other association in which the respondent continues to hold membership. If an ethics respondent resigns or other wise causes membership in all Boards to terminate before an ethics complaint is filed alleging unethical conduct occurred while the respondent was a REALTOR®, the complain , once filed shall be processed until the decision of the association with respect to disposition of the complaint is final. In any instance where an ethics hearing is held subsequent to an ethic respondent’s resignation or membership termination, any discipline ratified by the Board of Directors shall be held in abeyance until such time as the respondent rejoins an association of REALTORS®
(a) If a member resigns or otherwise causes membership to terminate, the duty to submit to arbitration continues in effect even after membership lapses or is terminated, provided that the dispute arose while the former member was a REALTOR®
SECTION 6. REALTOR® MEMBERS
(a) 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.
(b) REALTOR® members may use the terms REALTOR® and REALTORS®, which use shall be subject to the provision of Article VIII.
(c) REALTOR® members have the primary responsibility to safeguard and promote the standards, interests and welfare of the Board and the real estate profession.
(d) If a REALTOR® member is a 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 contractors with the disciplined member shall suspend or terminate during the period of suspension for the disciplined member or until readmission of the disciplined member or until connection of the disciplined member with the firm, partnership or corporation is severed, or unless the REALTOR® member (non-principal) elects to sever his connection with the REALTOR® and affiliate with another REALTOR® member in good standing in the Board, whichever may apply. If a REALTOR® member who is other than a principal in a firm, partnership or corporations is suspended or expelled, the use of the terms REALTOR® or REALTORS® by the firm, partnership or corporation shall not be affected.
(e) In any action taken against a REALTOR® member for suspension of expulsion under Section 6(d) hereof, notice of such action shall be given to all REALTORS® employed by or affiliated as independent contractors which such REALTOR® member and they shall be advised that the provision 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®
NOTE: The Board establishes the rights and privileges to be conferred on Institute Affiliate members except that no Institute Affiliate members may be granted the right to use the term REALTOR®, REALTORS® or REALTOR-ASSOCIATES®, or the REALTOR® logo; to serve as president of the Board; or to be a participant in the Board’s MLS.
SECTION 8. AFFILIATE MEMBERS. Affiliate members shall have rights and privileges to 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 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 be subject to obligations prescribed by the Board of Directors.
SECTION 12. CERTIFICATION BY REALTOR®. “Designated” REALTOR® members of the Board shall certify to the Board during the month of December, on a form provided by the Board, a complete listing of all individuals certified in the REALTOR’S® office (s) and shall designate a primary Board for each individual who holds membership. Designated REALTORS® shall also identify any non-member licensees in the REALTOR’S® office (s) and if Designated REALTOR® dues have been paid to another Board based on said non–member licensees, the Designated REALTOR® shall identify the Board to which dues have been remitted. These declarations shall be used for purposes of calculating dues under Article X, Section 2 (a) of the Bylaws. “Designated” REALTOR® members shall also notify the Board of any additional individual (s) licensed or certified with the firm (s) within 30 days of the date of affiliation or severance of the individual.
SECTION 13. HARASSMENT. Any member of the Board may be reprimanded, placed on probation, suspended or expelled for harassment of a Board or MLS employee or Board Officer or Director after an investigation in accordance with the procedures of the Board. . 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, President-elect and one member of the board of Directors selected by the highest ranking officer not named in the complaint, upon consultation with counsel for the association. Disciplinary action may include any sanction authorized in the association’s Code of Ethics and Arbitration Manual. If the complaint names the President or President-elect they may not participate in the proceedings and shall be replaced by the Immediate Past President or, alternatively, by another member of the Board of Directors selected by the highest ranking officer not named in the complaint.
ARTICLE VII – PROFESSIONAL STANDARDS AND ARBITRATION
SECTION 1. The responsibility of the Board and of the 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.
Allegations of ethical violations and contractual disputes between REALTORS® will be submitted to an ethics or arbitration panel on the Regional level in the case where the Board is a signatory to the Regional Professional Standards Agreement of the Utah Association of REALTORS®.
SECTION 2. It shall be the duty and responsibility of every REALTOR® member of this Board to abide by the Constitution, Bylaws,and the Rules and Regulations of the Board, the Constitution and Bylaws of the State Association, the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS®, and to abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, including the duty to arbitrate controversies arising out of real estate transactions as specified by Article 17 of the Code of Ethics, and as further defined and in accordance with the procedures set forth in the Code of Ethics and Arbitration Manual of this Board as from time to time amended.
SECTION 3. The Board and Board members are also responsible for the enforcement of the Code of Ethics, the disciplining of members, the arbitration of disputes, and the organization and procedures incident thereto, consistent with the cooperative professional standards enforcement agreement entered into by the Board, which by this reference is made a part of these Bylaws.
ARTICLE VIII – USE OF THE TERMS
REALTOR® AND 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. Any misuse of the terms by members is a violation of a membership duty and may subject members to disciplinary action by the Board of Directors after a hearing as provided for in the association’s Code of Ethics and Arbitration Manual. (Amended 06/2006)
SECTION 2. REALTOR® members of the Board shall have the privilege of using the terms REALTOR® and REALTORS® in connection with their places of business within the state or a state contiguous thereto so long as they remain REALTOR® members in good standing. No other class of members shall have this privilege.
SECTION 3. A REALTOR® member who is a principal of a real estate firm, partnership, or corporation may use the terms REALTOR® and REALTORS® only if all the principals of such firm, partnership, or corporation who are actively engaged in the real estate profession within the state or a state contiguous thereto are REALTOR® members of the Board or Institute Affiliate Members as described in Section 1 (b) of Article IV.
(a) In the case of a REALTOR® member who is a principal of a real estate firm, partnership, or corporation whose business activity is substantially all commercial, the right to use the term REALTOR® or REALTORS® shall be limited to office locations in which a principal, partner, corporate office, or branch office manager of the firm, partnership, or corporation holds REALTOR® membership. If a firm partnership or corporation operates additional places of business in which no principal, partner, corporate officer or branch office manager holds REALTOR® membership the term REALTOR® or REALTORS® may not be used in any reference to those additional places of business.
SECTION 4. Institute Affiliate members shall not use the term REALTOR® or REALTORS®, or 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 Utah 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 Utah Association of REALTORS® without further payment of dues. . The Board shall continue as 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 Association 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 to the NATIONAL ASSOCIATION OF REALTORS® in the terms REALTOR® and REALTORS®. The Board shall discontinue use of the terms in any form in its name upon ceasing to be a member of the National Association, or upon a determination by the Board of Directors of the National Association that it has violated the conditions imposed upon the terms.
SECTION 3. The Board adopts the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® and agrees to enforce the Code among its REALTOR® members. The Board and all of its members agree to abide by the Constitution, Bylaws, Rules and Regulations, and policies of the National Association and the Utah 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 a reasonable amount, not exceeding three times the amount of the annual dues for REALTOR® membership, which shall be required to accompany each application for REALTOR® membership and which shall become the property of the board upon final approval of the application.
SECTION 2. DUES. The annual dues of Members shall be as follows:
(a) REALTOR® Members. The annual dues of each Designated REALTOR® member (Article IV section 1.5) shall be $300 plus an amount equal to $300 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 Institute Affiliate members of the Board. In calculating the dues payable to the Board by a Designated REALTOR® member, non-member licensees as defined in Section 2 (a), 1) and 2) of this Article shall not be included in the computation of dues if the Designated REALTOR® has paid dues based on said non-member licensees in another board in the state, provided the designated REALTOR® notifies the Board in writing of the identity of the Board to which dues have been remitted. In the case of a Designated REALTOR® member in a firm, partnership or corporation whose business activity is substantially all commercial, any assessments for non-member licensees shall be limited to licensees affiliated with the Designated-REALTOR® (as defined in (1) and (2) of this paragraph) in the office where the Designated-REALTOR® holds membership, and any other offices of the firm located within the jurisdiction of this Board.
(1) For the purpose of this section, a REALTOR® member of a Member Board shall be held to be any member who has a place or places of business within the state or a state contiguous thereto and who, as a 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, corporate officer or branch officer 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 Board on a form approved by the Board 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 Board who during the same calendar year applies for REALTOR® or REALTOR®-ASSOCIATE membership in the Board. However, membership dues shall not be prorated if the licensee held REALTOR® or REALTOR®-ASSOCIATE membership during the preceding calendar year.
(b) The annual dues of REALTOR® members other than the Designated REALTOR® shall be in such amount as established annually by the Board of Directors.
(c) Institute Affiliate Members. The annual dues of each Institute Affiliate member shall be as established in Article II of the Bylaws of the NATIONAL ASSOCIATION OF REALTORS®
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 ($105.00). the National Association shall credit $35.00 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 $35.00 amount will be credit to the COB, unless the Institute Affiliate Member directs that the dues be distributed to the other board. The National Association shall also credit $35.00 to the account of state associations for each Institute Affiliate Member show office address is located within the territorial jurisdiction of the state association. Local and state associations may not establish any additional entrance, initiation fees or dues for Institute Affiliate members, but may provide service packages to which Institute Affiliate Members may voluntarily subscribe. (Amended 11/2013)
(d) Affiliate Members. The annual dues of each Affiliate Member shall be in such amount as established annually by the Board of Directors.
(e) Public Service Members. The annual dues of each Public Service Member shall be in such amount as established annually by the Board of Directors.
(f) Honorary Members. Dues payable, if any, shall be at the discretion of the Board of Directors.
(g) Student Members. Dues payable, if any, shall be at the discretion of the Board of Directors.
(h) Emeritus Members – In recognition of said status, annual dues shall be waived by the entity who granted the designation.
SECTION 3. DUES PAYABLE. Utah Association of REALTORS® and the NATIONAL ASSOCIATION OF REALTORS®. Dues for all members shall be payable annually in advance on the first day of January, local Board dues shall be payable annually in advance on the first day of July. Dues shall be computed from date of application and granting of provisional membership.
(a) In the event a sales licensee or licensed or certified appraiser who holds REALTOR® membership is dropped for nonpayment of Board dues, and the licensee remains with the designated REALTOR® firm, the dues obligation of the “designated” REALTOR® (as set forth in Article X, Section 2, a) will be increased to reflect the addition of a non-member licensee. Dues shall be calculated from the first day of the current fiscal year and are payable within 30 days of the notice of termination.
SECTION 4. NONPAYMENT OF FINANCIAL OBLIGATIONS. If dues, fees, fines or other assessments including amounts owed to the Board or the Board’s MLS service are not paid within one (1) month after the due date, the nonpaying member is subject to suspension at the discretion of the Board of Directors. Two (2) months after due date membership 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 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 their membership terminated for nonpayment of dues, fees, fines or other assessments duly levied in accordance with the provisions of these Bylaws or the provisions of other Rules and Regulations of the Board or any of its services, departments, divisions or subsidiaries may apply for reinstatement in the manner prescribed for new applicants for membership, after making payment in full of all accounts due as of the date of termination.
SECTION 5. DEPOSITS. All monies received by the Board for any purpose shall be deposited to the credit of the Board in a financial institution or institutions selected by resolution of the Board of Directors.
SECTION 6. EXPENDITURES. The Board of Directors shall administer the finances of the Board, but shall not incur any obligation in excess of $1,500 over the available cash on hand without authorization by vote of a majority of the Board members eligible to vote.
SECTION 7. NOTICE OF DUES, FEES, FINES, ASSESSMENTS AND OTHER FINANCIAL OBLIGATIONS OF MEMBERS. All dues, fees, fines, assessments or other financial obligations to the Board or Board MLS shall be noticed to the delinquent Board member in writing set forth the amount owed and due date.
SECTION 8. The dues of REALTOR® members who are REALTOR® Emeriti (as recognized by the National Association), Past Presidents and past treasurers of the National Association and recipients of the Distinguished Service Award shall be as determined by the Board of Directors. (Amended 11/2013)
ARTICLE XI – OFFICERS AND DIRECTORS
SECTION 1. OFFICERS. The elected officers of the Board shall be: President and President Elect. They shall be elected for term of one year. The Directors may employ an Executive Officer who will serve at the pleasure of the Board of Directors and who will assume the duties of the Treasurer.
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 Executive Officer to keep the records of the association and to carry on all necessary correspondence with the NATIONAL ASSOCIATION OF REALTORS® and the Utah Association of REALTORS®.
SECTION 3. BOARD OF DIRECTORS. The governing body of the Board shall be a Board of Directors consisting of the elected officers plus the immediate Past President and six (6) REALTOR® members of the Board. Four Directors shall be elected to serve for terms of three (3) years, one for a term of two (2) years and one to be appointed by the Board of Directors for a term of one year, except that at organization, one-third of the elected directors shall be elected for terms of one, two and three years, respectively, or for lesser terms as may be necessary to complete the first fiscal year. Thereafter, as many Directors shall be elected each year as 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 three (3) REALTOR® members shall be appointed by the President with the approval of the Board of Directors. The Nominating Committee shall select at least two candidates for each office (except the office of President) and at least two candidates for each place to be filled on the Board of Directors. Nominees must have been a member in good standing of the Board for a period of at least one year prior to taking office. The report of the Nominating Committee shall be emailed to each Member eligible to vote, three (3) weeks before the annual meeting is to take place, along with a notice that additional candidates for each office be filled (except President) may be placed in nomination only by REALTOR® members by petition signed by at least 25% of the REALTOR® members eligible to vote, and signed by the nominee. Said nomination petitions shall be filed with the Executive Officer at least one (1) week before the annual meeting. The names of all candidates shall be placed on the ballot.
(b) Annual Election. The last week of September the ballots will be made available electronically to all REALTOR® members of the Board in good standing and entitled to vote. The election shall be by secret ballot. The ballot shall contain the names of all candidates. All ballots must be properly executed and submitted within the time specified in order to be counted. Detailed procedures to secure the handling of ballots shall be in conformity with such additional rules and regulations as the Board of Directors may adopt. There will be no ballots accepted by telephone, email or fax.
(c) The Past-President shall certify the election results. In case of a tie vote, the issue shall be determined by coin toss.
(d) In the event the annual elections of REALTORS® fails to provide a representative from the Tremonton area, the Board of Directors may appoint an additional member to serve as a voting member of the Board of Directors to insure representation from that geographic area. If Tremonton REALTORS® were candidates for a Board of Director position, the individual receiving the highest number of votes during the election shall be the first consideration of the Board of Directors for appointment. Should no members nominated for an elected position from the Tremonton area REALTORS® be available to serve, the Board of Directors shall seek an available member to serve and provide representation from that area. The term of this appointment shall be until the next election, after which the Board of Directors will assess the representation from that area as was done prior to the appointment, and if necessary reappoint or re-select a representative from that area to serve on the Brigham Tremonton Board of Directors, accordingly.
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 for the remainder of the current term of the vacancy so filled.
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.
SECTION 7. INDEMNIFICATION. Every officer, director and Board staff member shall be indemnified by the Board against all expenses and liabilities, including counsel fees, reasonably incurred or imposed upon such individual in conjunction with any proceeding to which that individual may have been made a party or in which that individual may become involved by reason of being or having been an officer, director or Board staff member, or any settlement thereof, whether or not the individual is still an officer, director or Board staff member at the time such expenses are incurred, except in such cases wherein the individual is adjudged guilty of willful misfeasance or malfeasance in the performance of their duties or shall have acted in such a manner as has exceeded such individual’s authority so to act. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such individual may be entitled.
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 (3) regular meetings without an excuse deemed valid by the Board of Directors shall be construed as resignation. A quorum for the transaction of business shall be a majority of the board of directors, except as may otherwise be required by state law. (Amended 5/2013)
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 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 shall be that assemblage of REALTOR® members present at the proper place and time at an official meeting for which prescribed notice has been given in writing to REALTOR® members of the Board.
For meetings of the Board of Directors, a majority of voting members must be present to constitute a quorum.
SECTION 6. ELECTRONIC TRANSACTION OF BUSINESS. To the fullest extent permitted by law, the Board of Directors or membership may conduct business by electronic means.
SECTION 7. Action without Meeting. Unless specifically prohibited by the articles of incorporation, any action required or permitted to be taken at a meeting of the board of directors may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the directors. 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 directors. All the approvals evidencing the consent shall be delivered to the Executive Officer to be filed in the corporate records. The action taken shall be effective when all the directors have approved the consent unless the consent specifies a different effective date.
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. Appointments to the Professional Standards Committee and Grievance Committee shall be consistent with the cooperative professional standards enforcement agreement of the Board.
Member Services Legislative Grievance
Finance Programs & Socials Professional Standards
RPAC Equal Opportunity Nominating
Bylaws Education Broker
SECTION 2. SPECIAL COMMITTEES. The President shall appoint, subject to confirmation by the Board of Directors, special committees as deemed necessary, which may contain affiliate members if appropriate.
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 by 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. ATTENDANCE. Any Committee Member who fails to attend three (3) 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 filled as herein provided for original appointees.
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 meeting.
ARTICLE XIV — FISCAL AND ELECTIVE YEAR
SECTION 1. The fiscal year of the Board shall be January 1 to December 31.
SECTION 2. Elective year of the Board 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 the meetings of the Board, its Board of Directors, and committees, 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 Board shall become effective upon their approval as authorized by the Board of Directors of the NATIONAL ASSOCIATION OF REALTORS®.
SECTION 4. 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 these Bylaws made necessary by mandate of Federal, State or Local laws, ordinances, courts of competent jurisdiction, or which are mandated by NAR policy, without being submitted to the membership for vote as detailed in Section 1 above. Written notification of all amendments made of these Bylaws under this section must be given to all Board Members within 30 days of such amendment.
ARTICLE XVII — DISSOLUTION
SECTION 1. Upon the dissolution or winding up of affairs of this Board, the Board of Directors, after providing for the payment of all obligations, shall distribute any remaining assets to the Utah Association of REALTORS® or, within its discretion, to any other non-profit tax exempt organization.
Approved by membership
Approved by NAR
I. BRIGHAM TREMONTON BOARD OF REALTORS® MISSION
The Mission of the Brigham Tremonton Board of REALTORS® is to provide programs and services which enhance member’s abilities to conduct their business ethically and competently. To be a legislative force locally and statewide and act as a united voice in the preservation of the public’s right to own, transfer and enjoy the use of real property. To be a community resource for information and expertise in the purchase and sale of real estate.
1. Does the program, service or goal fulfill some aspect of the mission?
2. Is the program, service or goal essential to or auxiliary to fulfilling the mission?
3. Considering its importance, has the program, service or goal been appropriately and adequately resourced with personnel and funding?
4. Can the BTBR provide the program, service or goal better than any other business or organization?
5. Has the program, service or goal been adequately communicated to the members?
6. Are our existing programs meeting current industry needs that are relevant to our mission?
7. What changes need to be implemented in our programs or services to better fulfill our mission?
II. SUMMARY OF BOARD’S ANTI-TRUST COMPLIANCE POLICY
TO BE READ AT ALL MEETINGS
The BRIGHAM TREMONTON BOARD OF REALTORS® and its officers, directors, employees and committees fully support and intend to comply with all applicable federal and state anti-trust laws and shall not engage in any anti-competitive conduct or practices, nor allow the Board to be used by any member or committee or any anti-competitive or unlawful purpose or having any anti-competitive effect, including but not limited to the following kinds of prohibited conduct:
a. Any discussions or effort to directly or indirectly fix, peg, raise, lower, control, recommend, suggest or maintain broker’s commission splits on the sale of real estate.
b. Any contract, combination, conspiracy, discussions, or effort to divide or allocate real estate markets or customers.
c. Any discussions or effort to engage in any boycott or concerted refusal to deal.
d. Any discussions or effort to disparage or injure the business or trade of anyone.
Minutes should be kept of all meetings of the Directors, Executive Committees and standing committees which summarize accurately and concisely the action taken at the meeting. For maximum protection, the minutes should be reviewed by the officer in charge and/or Board Counsel to be sure that the language used is not subject to misinterpretation.
III. ELECTED OFFICERS
1. The PRESIDENT shall
a. Establish specific goals and objectives and work toward achieving them throughout his/her year in office, with the approval of the Board of Directors. The President shall be responsible for informing the membership of such goals and objectives.
b. Recommend to the Board of Directors policies that may be beneficial to the Brigham Tremonton Board of REALTORS®. The President shall carry out the instructions of the Board of Directors; enforce the Bylaws, the Articles of Incorporation, the Code of Ethics, policies and rules and regulations.
c. Be familiar with the Board President’s Manual of the National Association of REALTORS®, the Bylaws and Policies of the Brigham Tremonton Board of REALTORS® and the Utah Association of REALTORS®.
d. Appoint chairpersons, with the advice and approval of the Board of Directors, as provided in the Brigham Tremonton Board Bylaws.
e. Assign each Officer and Director the responsibility for liaison with specific committees.
f. Shall be an ex-officio member of all committees.
g. Preside at Board of Directors’ meetings.
h. Preside over all general membership meetings of the Board.
i. Sign contracts or other instruments which the Board of Directors has authorized to be executed.
j. Be one of the authorized co-signers for Brigham Tremonton financial accounts.
k. Represent the Board as a Director of the Utah Association of REALTORS®.
m. Serves on the Finance Committee.
n. Annually review the Executive Officer’s performance with the assistance of the President Elect and recommend his/her salary to the Finance Committee.
2. Planning the Year
The president should use the mission statement as a map for accomplishing the goals and programs that meet the membership’s needs.
The president should review with the officers those problems, which might beset the BTBR in the months ahead and determine how best to find solutions. The president is not required to shoulder the entire responsibility but can call on various officers and members for assistance on various projects.
3. The President, Officers and Executive Officer
The president must work closely with the president-elect and the executive officer to give them all the encouragement possible and keep them fully informed on programs and ideas.
The president will work closely with the BOD. The BOD will act with dignity and always work for the good of the membership. It is important to prepare an agenda before all meetings. For meetings with the BOD, the president will want to provide an agenda prior to the meeting so they can study the topics. The president must start the meeting on time, check for a quorum, and keep the flow of business moving smoothly.
All meetings should be conducted under Robert’s Rules of Order.
1. Approval of Previous Minutes
2. Review of Anti-Trust Policy
3. Presidents Report
4. Executive Officers Report
5. Committee Reports
7. Other Business
The PRESIDENT-ELECT shall:
a. Be familiar with the Bylaws and Policies of the BTBR and the UAR.
b. In the absence of the President, or his/her inability to act, possess all of the President’s powers and discharge all his/her duties.
c. Assist the President as requested.
d. Be willing to succeed to the Presidency of the Board the following year.
e. Attend all Board of Directors and general membership meetings of the BTBR.
f. Represent the Brigham Tremonton Board as a Director of the UAR.
g. Annually review the Executive Officer’s performance with the President and recommend his/her salary to the Finance Committee.
h. Liaison with committee chairmen and member firms as assigned by the President.
i. Be one of the authorized co-signers of the financial accounts.
j. Serve as Chair of the Finance Committee.
C. IMMEDIATE PAST PRESIDENT
a. Be familiar with the Bylaws and Policies of the BTBR and the UAR.
b. Assist the President as requested.
c. Attend all Board of Directors and general membership meetings of the BTBR.
d. Serve as Nominating Committee Chair
e. Serve on the Finance Committee.
f. Be one of the authorized co-signers for the Brigham Tremonton financial accounts and retain keys to the office.
The DIRECTORS shall:
a. Be familiar with the Bylaws and Policies of the BTBR and the UAR.
b. Assist the President as requested.
c. Attend all Board of Directors and general membership meetings of the BTBR.
d. Liaison with committee chairmen and with member firms assigned by the President.
e. Report on the actions or activities of the committees to which they are assigned.
ELECTION OF OFFICERS
The BTBR Officers will be elected in accordance with the Bylaws of the BTBR.
IV. COMMITTEES, TASK FORCES AND WORKING GROUPS
All committees shall have a chair responsible for the following:
1. Contact committee members as soon as possible after appointment.
2. Call a meeting for the purpose of developing a program for the coming year.
3. Call meetings as required and be responsible for proper notice to all committee members, Board President and Director liaison. Schedule meeting room with Executive Officer in advance.
4. Ensure minutes are being kept and submitted to the Executive Officer of each meeting. Minutes to include members present, motions and results, beginning and adjourn times.
5. Attend meetings of the Board of Directors, when requested, and be prepared to give a report of the committee activities.
6. Brief the succeeding Chairman, turn over the records of committee proceedings and all materials pertaining to the committee.
Committees are to review and adhere to the BTBR’s mission in order to provide continuity and ensure achievement of stated goals. Committee members are to receive and review the bylaws, budget and roster of their respective committees where applicable.
The BTBR staff in coordination with the chair shall notify all committee members, including the president, of all meetings. The chair and staff should give adequate notice of committee meetings except in emergencies.
Committees shall read the BTBR’s Anti-Trust Compliance Policy at the beginning of each meeting and committee minutes shall reflect it. The BOD shall approve all actions made by the committee prior to issuance. All committee meetings shall be conducted in accordance with Roberts Rules of Order and held at the Board Office whenever possible.
A. AFFILIATE COMMITTEE
Purpose: To provide services and support through seminars, special events, and other activities that enhance the REALTOR®/Affiliate relationship
1. Through volunteer activities strengthen and enhance the REALTOR® organization and their professional image.
2. To discuss as an affiliate group how to better the committees of the Board and help them achieve their Goals
3. Purpose: To develop and present interesting and informative programs at Board Meetings/Luncheons, and plan and provide for all activities of a social nature sponsored by the BTBR or its committees.
4. Provide the Executive Officer with detailed program information so that timely notices may be provided to members.
5. Designate who will present the invocation, pledge of allegiance, anti-trust statement, etc.
6. Solicit program ideas from the membership, Board of directors, and other committees.
Composition: Affiliate members of the BTBR and Liaison as appointed by the President.
B. BROKER (AD HOC TASK FORCE)
Purpose: To provide a forum for broker members to discuss current issues and as needed, make recommendations to the BOD
Composition: All Broker members of the BTBR.
C. CONSUMER/COMMUNITY OUTREACH COMMITTEE
Purpose: Communicate to the public and to the membership the role of REALTORS® and the real estate profession. Be responsible for carrying out efforts and/or programs that will enhance the REALTOR® image in the community.
1. Create an awareness of the Standards of Practice required of REALTORS® and the Code of Ethics under which REALTORS® operate.
2. Create an awareness that REALTORS® are available to act and speak on behalf of the public on questions affecting private property rights.
3. Develop ideas and activities to put REALTORS® and the Board before the public in a favorable light.
4. Develop and maintain rapport with the local media.
5. Meet the NAR Core Requirements.
Composition: Chair, Liaison and others as appointed by the President.
D. FINANCE TASK FORCE
Purpose: To formulate and make recommendations concerning strategic and financial planning, investment management and budgeting, and to monitor the BTBR’s finances to provide efficient resource utilization.
1. Prior to the October Board of Directors meeting, analyze, with the assistance of the Executive Officer, the current fiscal condition of the Board and after study and deliberation, prepare the proposed annual budget for the approval of the Board of Directors.
2. Periodically review the books and financial status of the Board for reports to the Board of Directors.
3. With the assistance of the Executive Officer submit the financial records of the Board to a firm of Certified Public Accountants for formal review and preparation of annual tax filings.
Composition: President-Elect will serve as Chair, with the President as Director. Other committee members include Past President and others as appointed by the President.
E. GOVERNMENT AFFAIRS AND ADVOCACY COMMITTEE
Purpose: To monitor and recommend local legislation and public policy affecting the real estate industry and private property rights; to actively promote the BTBR’s goals, objectives and policies as approved by the BOD.
1. Ensure liaison is maintained by the BTBR with the Legislative Committee member of the UAR, and with other local Board Committees.
2. Develop and maintain for the Board, favorable relations with local elected and appointed officials.
3. Review all proposed local legislation, which affects real property and the real estate profession and recommend policies to the Board of Directors.
4. Recommend local legislation to be sponsored.
5. Review proposed State legislation impacting the area of the Board jurisdiction and make position recommendations to the UAR Legislative Committee.
6. On legislative matters of interest to the real estate industry and when applicable, coordinate policy and action with industry related professional groups.
7. Study and make recommendations on regulations promulgated by various administrative departments of the municipalities in the jurisdiction of the BTBR.
8. Interview candidates & vote on disbursement of RPAC funds.
9. Meet the NAR Core Requirements.
Composition: RPAC Chairs, Chair, Liaison and others as appointed by the President.
F. MEMBER SERVICES COMMITTEE
Purpose: To promote membership growth and retention. Plan and conduct the BTBR sponsored educational programs. To provide opportunities for the BTBR members to further their professional education.
1. Develop and conduct a program to encourage qualified real estate licensees to become members.
2. Monitor and act accordingly with regard to the use of the term REALTOR® in accordance with recommendations of the NAR.
3. Provide materials for members that will stress the value of the Board’s services, and inform the membership of services available through the UAR and NAR.
4. Review orientation needs and make changes as necessary.
5. Be alert to those courses being offered and make the membership aware of these courses and the advantages they offer.
6. Recommend courses and suggests a list of topics to be presented for the year.
7. Recommend interesting and informative programs/speakers for the luncheons.
8. Offer, promote or provide at least one professional development opportunity for the members.
9. Suggest, conduct and promote a REALTOR Safety activity.
10. Coordinate and carry out the annual REALTOR and Community Awards.
Composition: Chair, Liaison and others as appointed by the President.
G. NOMINATION TASK FORCE
Purpose: Nominate qualified persons to hold elected office including the offices of President-Elect and five REALTOR® member Directors as stipulated in the Bylaws.
1. At least (2) months before the annual election a Nominating Committee consisting of three REALTOR® members appointed by the President, with Past-President acting as chair, shall select at least two candidates for each place to be filled on the Board of Directors. The report of the Nominating Committee shall be e-mailed following the Board of Directors review, to each member eligible to vote, along with notice of the meeting where nominations may be accepted from the floor. Additional candidates for each office to be filled (except President) may be placed in nomination only by REALTOR® members at such meeting of the BTBR. The names of all candidates shall be placed on the ballot.
The election of Officers and Directors shall take place by secret ballot (electronically conducted) during the last ten (10) days of September. The ballot shall contain the names of all candidates and the office for which they are nominated. The election results shall be validated by the Executive Officer and be announced immediately after the election. The new officers and Directors shall be installed at a regular meeting of the BTBR in the month of November.
Composition: The BTBR’s immediate past president shall serve as chair. Three REALTOR® members shall be appointed by the president with the approval of the BOD. To include President-Elect.
H. RPAC COMMITTEE
Purpose: To promote participation and collect voluntary political contributions from the BTBR members and to ensure the BTBR meets annual RPAC goal.
1. Promote to the membership that financial support is needed to ensure that acceptable candidates are elected to public office and issues of importance to the real estate industry and private property rights are supported
2. Through personal contact, membership meetings and Board publications, inform members as to the structure and procedures of RPAC at the Board, UAR and NAR levels.
3. Encourage 100% member participation in RPAC and provide appropriate recognition to supporters.
4. Undertake no activities that would require registration as a Political Action Committee under Federal or State laws.
Composition: Chair and others as appointed by the President.
BTBR PAC Trustees
To be responsible for the disbursement of BTBR PAC funds to eligible political candidates and/or for support of issues that impact the real estate industry and local community.
Composition: RPAC Committee Chairs and Liaison and Legislative Committee Chairs and Liaison.
I. STATE GRIEVANCE COMMITTEE – REGIONAL (APPOINTMENT – 3 YEAR)
Purpose: A regional Grievance Committee as part of a Professional Standards program. Committee member will be responsible to review ethics complaints and arbitration requests to determine whether to hold a hearing.
Composition: Member representatives shall be appointed by President.
J. UAR PROFESSIONAL STANDARDS COMMITTEE (APPOINTMENT – 3 YEAR)
Purpose: Part of a regional Professional Standards enforcement team. The Code of Ethics is enforced through mediation, member disputes and conducting arbitration hearings through the UAR.
Composition: Member representatives appointed by President.
K. UARHOF COMMITTEE (APPOINTMENT – 3 YEAR)
L. UAR LEGISLATIVE COMMITTEE (APPOINTMENT – 1 YEAR)
M. UAR NOMINATING COMMITTEE (APPOINTMENT – 1 YEAR)
N. UAR RPAC COMMITTEE (APPOINTMENT – 1 YEAR)
V. TRAVEL POLICY
A. MAJOR MEETINGS
B. MILEAGE AND MEAL ALLOWANCES
· Reimbursement for travel will be issued at the current IRS rate.
· For staff traveling out-of-state for the BTBR, Per Diem will be $60 per day and will be paid in advance. Receipts and expenses reports are not required.
· All required meetings that the Board of Directors are to attend will be reimbursed after proof of attendance. Receipts required.
· Professional Standard and Grievance committee members will be reimbursed after expense report is submitted.
VI. LEADERSHIP UAR
1. Half of tuition to be paid for any BTBR Realtor® member accepted into the Leadership UAR program.
2. Should the participant not graduate, monies to be reimbursed to the BTBR.
VII. GENERAL PLANNING CALENDAR
The BTBR shall coordinate national, state and local events and meetings and post that calendar on the web site.
VIII. GENERAL OFFICE PROCEDURES
See Employee Handbook
IX. BTBR INVESTMENT POLICY OUTLINE
A. EXPENDITURE OF BOARD FUNDS
The BOD shall approve the BTBR’s annual budget, and the treasurer shall strictly account for each expenditure and income item. All BTBR checks require two signatures. The chief executive officer, the president, the president elect and the secretary shall be signatories on all BTBR accounts. All incoming funds shall be deposited to appropriate BTBR accounts. Excess BTBR funds shall be invested in compliance with the BTBR’s investment policy.
B. INVESTMENT POLICY OBJECTIVES
The BTBR’s investment goals include improving member services and reducing the need to increase dues by earning interest and/or dividend income. The BTBR’s investment of available funds will be made in accordance with the following objectives:
· Minimize investment risks
· Provide for adequate liquidity
· Generate a favorable return on investments without undue compromise of the other objectives
· Diversify the investment portfolio to avoid incurring unreasonable and avoidable risks regarding an individual security, industry group, and specific security type and market fluctuation.
The BTBR consists of members interested in improving the real estate profession. The BTBR is not organized for profit and not part of the net investment earnings will inure to benefit any prove shareholder or individual.
C. RESERVE POLICY GOALS
The BTBR shall endeavor to fund and maintain a reserve. The reserves shall be budgeted and accounted for on an annual basis. The following is recommended.
General Reserve – Minimum of six-months operating expense and a maximum of two-years operating expense.
D. INVESTMENT POLICY
1. Reserves: Funds expected to be retained for more than one year.
a. Funds will be invested with safety of principal as a primary consideration.
b. C.D. and treasury bills will account for approximately two thirds of the cash reserve assets. Funds invested in certificates of deposits shall not exceed the total amount insured by the FDIC.
c. Include interest earned to maturity so a guarantee is made of return of principal and interest.
d. The balance of cash reserves, approximately one-third of the cash-reserve assets, may be invested in U.S. Corporate bonds with a rating of “a” its equivalent, or better by a nationally recognized rating service or be invested in money market securities.
e. Finance committee and the BOD must approve equity investments in the BTBR portfolio.
2. Operational Cash: Funds expected to be needed within one year.
a. Funds invested in certificates of deposits shall not exceed the total amount insured by the FDIC, including interest earned to maturity, so that a guarantee is made for return of principal and interest.
b. Money market funds
3. Policy Parameters
Cash Reserves: The maturity of any security will not exceed three years, and the average maturity of the portfolio (other than money market investment) is not to exceed a two-year average maturity.
Operational Cash: Funds must be invested in a manner that allows maturity investment dates to match the BTBR’s financial obligations.
The investment policy should take into consideration applicable federal tax laws, especially those laws governing non-profit corporations. The BOD will review the investment portfolio quarterly. The responsibility for supervising the BTBR’s investments rests ultimately with the BOD.
E. FINANCIAL OPERATIONS
Within the confines of the BTBR policy, the Finance committee shall have the power to make investments consistent with the safeguards and diversity policies to which a prudent investor would adhere. Investments are subject to oversight from the BOD.
Two signatures are required to carry out Finance committee directives. Signatures are limited to president, president-elect and executive officer. The executive officer shall report actions in writing quarterly at the BOD meeting. In meeting minutes, the Board shall approve or disapprove the reports and records.
F. BAD CHECK POLICY
If a check is returned stamped “insufficient funds, the BTBR will implement the following policy.
1. Provide written notice by mail of the Returned Check Notice to the maker of the bad check.
2. If possible, provide verbal notice of the dishonored check to the check maker by telephone or in person. Keep contemporary notes of the times, manner and by whom the contact was made.
3. A service charge of $25 is in addition to any amount the BTBR may be entitled to by virtue of a written contractual agreement with the maker of the check.
4. Seven days from the date of the letter, the matter may be pursued in court. The law allows service charges, interest, court costs and attorney fees to be added to the check amount.
5. If the maker does not make the check good within seven business days, excluding Saturday, Sundays and legal holidays, the BTBR shall turn the matter over to an attorney along with evidence of the mailing o the notice and the bad check for legal action.
6. After two insufficient fund checks are returned, only secured funds will be accepted.
X. RETENTION POLICY OF BOARD RECORDS
Type of Record Recommended Period
HISTORICAL REQUIREMENTS Permanently
Basic Corporate Records
Billing and/or cash receipts 6 years
Check voucher 6 years
Capital equipment and RE Purchases Life of Item
Employee Records 6 years
Individual pay records/Payroll registers 4-6 years
Tax Returns Perpetual
Copyrights, patents, etc permanently
Contracts and leases (after termination) 6 years
Year-end general ledger permanently
Accounts receivable and credit 4 years
(apart from cash receipts)
Correspondence 3 years
Quarterly Financial Statements 3 years
Personnel records folders 3 years
Committee minutes 3 years