Douglas

Douglas
Beautiful Community

By Laws

Our Governing By-Laws

 
Bylaws of the Douglas Association of REALTORS, Inc.
Amended 01/11 6/13/2014

ARTICLE 1

NAME

Section 1. Name. The name of the organization shall be the Douglas Association of REALTORS, Incorporated, hereinafter referred to as the “Association.”

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

ARTICLE 11


OBJECTIVES

The objectives of the Association are:

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

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

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

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

Section 5. To unite those engaged in the real estate profession in this community with the ARIZONA 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, REALTORS, as licensed, prescribed, and controlled by the NATIONAL ASSOCIATION OF REALTORS.

ARTICLE 111


JURISDICTION

Section 1. The territorial jurisdiction of the Association as a Member of the NATIONAL ASSOCIATION OF REALTORS shall include all of Cochise County, Arizona, described in the Metes and Bounds and outlined on a Map which is attached hereto as Exhibit A to these Bylaws.

Section 2. Territorial jurisdiction is defined to mean:
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 Association agrees to protect and safeguard the property rights of the National Association in the terms.

ARTICLE IV


MEMBERSHIP

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

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 Arizona or a state contiguous thereto. All persons who are partners in a partnership, or all officers of 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 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. NOTE: REALTOR Members may obtain membership in a “secondary” Association in another state.

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 Association in which one of the firm’s principals holds REALTOR membership unless otherwise qualified for Institute Affiliate Membership as described in Section 1(b) of Article IV.

  1. Individuals who are engaged in the real estate profession other than as sole proprietors, partners, or corporate officers, or branch office managers and are associated with a REALTOR Member and meet the qualifications set out in Article V.

  1. Corporate officers (who may be licensed or unlicensed) of a real estate brokerage franchise organization with at least one hundred fifty (150) franchisees located within the United States, it 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 the rights, privileges and obligations of REALTOR membership (including compliance with the Code of Ethics) EXCEPT: obligations related to Association mandated education, meeting attendance, or indoctrination classes or similar requirements; the right to use the term REALTORS in connection with their franchise organization’s name; the right to hold elective office in the local Association, State Association and National Association.

  1. Primary and secondary REALTOR Members. An individual is a primary member if the Association pays State and National dues based on such Member. An individual is a secondary Member if State and National dues are remitted through another Board. One of the principals in a real estate firm must be a Designated REALTOR member of the Association in order for licensees affiliated with the firm to select the Association as their “primary’ Board.

  1. 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 mediate pursuant to Article 17 of the Code of Ethics and the payment of Association dues as established in Article X of the Bylaws. The “Designated REALTOR” must be a sole proprietor, partner, corporate officer or branch office manager acting on behalf of the firm’s principal(s) and must meet all other qualifications for REALTOR Membership established in Article V, Section 2, of the Bylaws.

  1. 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.

  1. Affiliate Members. Affiliate Members shall be real estate owners and other individuals or firms who, while not engaged in the real estate profession as defined in paragraph (a) or (b) of this Section, have interests requiring information concerning real estate, and are in sympathy with the objectives of the Association.

  1. Public Service Members. Public Service Members shall be individuals who are interested in the real estate profession as employees of or affiliated with education, 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.

  1. 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 as least two years of college and at lease 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.

  1. 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.


ARTICLE V

QUALIFICATION AND ELECTIONS

Section 1. Application. 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 Association, State and National Associations, and if elected a Member, will abide by the Constitutions and Bylaws and the rules and Regulations of the Association, 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 mediate 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 Association, through its Membership Committee or otherwise, may invite and receive information and comment about applicant from any Member or other persons, and that applicant agrees that any information and comment furnished to the Association by any person in response to the invitation shall be conclusively deemed to be privileged and not form the basis of any action for slander, libel, or defamation of character. The applicant shall, with the form of application, have access to a copy of the Bylaws, Constitution, Rules and Regulations, and Code of Ethics referred to above.

Section 2. Qualification. An applicant for REALTOR Membership who is a sole proprietor, partner, or corporate officer, or branch office manager of a real estate firm shall supply evidence satisfactory to the Membership Committee that he is actively engaged in the real estate profession, and maintains a current, valid real estate broker’s or salesperson’s license or is 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, 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 Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS, and shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Committee, and shall agree that if elected to membership, he will abide by such Constitution, Bylaws, Rules and Regulations, and Code of Ethics. (*)

NOTE 2. Article IV, Section 2, of the NAR Bylaws prohibits Member Boards from knowingly granting REALTOR, REALTOR-ASSOCIATE 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.

  1. Individuals who are actively engaged in the real estate profession other than as sole proprietors, partners, or corporate officers, or branch office managers in order to qualify for REALTOR Membership, shall at the time of application, be associated either as an employee or as an independent contractor with a Designated REALTOR Member of the Association or a Designated REALTOR Member of another Association within the state or a state contiguous thereof and must maintain a current, valid real estate broker’s or salesperson’s license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, shall complete a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS and shall 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 Association, State Association, and the National Association.












  1. The Association will also consider the following in determining an applicant’s qualifications for REALTOR membership:

    1. All final findings of Code of Ethics violations and violations of other membership duties in any other association within the past three (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® in the name of the applicant’s firm.

“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 is such matters are not resolved within six months from the date that provisional membership is approved. Provisional members shall be considered REALTORS and shall be subject to all of the same privileges and obligations of REALTOR membership. If a member resigns from another Association with an ethics complaint or arbitration request pending, the Association may condition membership on the applicant’s certification that he/she will submit to the pending ethics or arbitration proceeding (in accordance with the established procedures of the Association to which the applicant has made application) and will abide by the decision of the hearing panel.

Section 3. Election

  1. The Membership Committee shall determine whether the applicant is applying for the appropriate class of membership. It shall then give written notice to the REALTOR Members of such application and invite written comment. I f one or more of the REALTOR Members object to the approval of the application, basing such objection on lack of qualification as set forth in these Bylaws, the Committee shall invite any objecting Member to appear and substantiate his objections. Objections which are not substantiated shall be totally disregarded. The Committee may not find objections substantiated without (1) informing the applicant in advance, in writing of the objections and identifying the objection Member, and (2) giving the applicant a full opportunity to appear before the Committee and establish his qualifications. The Committee shall thereafter make a written report of its findings. The Membership Committee shall conduct all proceedings with strict attention to the principles of due process and compliance with the Bylaws of the Association.

  1. The Membership Committee shall report its recommendations in writing to each regularly scheduled monthly meeting of the Board of Directors. If the recommendation is adverse to the approval of the application, the reasons shall be specifically stated. If any member of the membership committee submits a dissenting recommendation, it shall also be reported to the Board of Directors.

  1. The Board of Directors shall review the qualifications of the applicant and the recommendations of the Committee and then vote on the applicant’s eligibility for membership. If the applicant receives a majority vote of the Board of Directors, he shall be declared elected to membership and shall be advised by written notice. An application for Institute Affiliate Membership shall be acted upon by the Board of Directors within forty-five (45) days from the date of application for membership.

The Association will also consider the following in determining an applicant’s qualifications for REALTOR membership:

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

    1. Pending ethics complaints (or hearings)

    1. Unsatisfied discipline pending

    1. Pending arbitration requests (or hearings)

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

6. Any misuse of the term Realtor® or Realtors® in the name of the applicant’s firm.

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 b provided all other qualifications for membership have been satisfied) Associations may reconsider the membership status of such individuals when all pending ethics and arbitration matters (and related discipline) have been resolved or if such matters are not resolved within six months from the date that provisional membership is approved. Provisional members shall be considered REALTORS and shall be subject to all of the same privileges and obligations of REALTOR membership. If a member resigns from another association with an ethics complaint or arbitration request pending, the association may condition membership on the applicant’s certification that he/she will submit to the pending ethics or arbitration proceeding (in accordance with the established procedures of the association to which the applicant has made application) and will abide by the decision of the hearing panel.


  1. The Board of Directors may not reject an application without providing the applicant with advance notice of the findings and recommendations of the Membership Committee, an opportunity to appear before the Board of Directors, to call witnesses on his behalf, to be represented by counsel, and to make such statements as he deems relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it or may electronically or mechanically recorded the proceedings.

  1. If the Board of Directors determines that the application should be rejected, it shall record its reasons with the Secretary. If the Board of Directors believes that denial of membership to the applicant may become the basis of litigation and a claim of damage by the applicant, it may specify that denial shall

become effective upon entry in a suit by the Association for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the rejection violates no rights of the applicant.

Section 4. New Member code of Ethics Orientation. Applicants for REALTOR membership and provisional REALTOR members (where applicable) shall complete an orientation program on the Code of Ethics of not less than two hours and thirty minutes of instructional time. This requirement does not apply to applicants for REALTOR membership or provisional members who have completed comparable orientation in another Association, provided that REALTOR membership has been continuous, or that any break in membership is for one year or less. Failure to satisfy this requirement within 60 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.

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 Association may be reprimanded, fined, placed on probation, suspended, or expelled by the Board of Directors for a violation of these Bylaws and Rules and Regulations not inconsistent with these Bylaws, after a hearing as provided in the Code of Ethics and Arbitration Manual of the Association. Although Members other than REALTORS are not subject to the Code of Ethics or its enforcement by the Association, such Members are encouraged to abide by the principles established in the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS and conduct their business and professional practices accordingly. Further, Members other than REALTORS may, upon recommendation of the Membership Committee, or upon 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, REALTORS, and the real estate industry, or for conduct that is inconsistent with or adverse to the objectives and purposes of the local Association, the State Association, and the NATIONAL ASSOCIATION OF REALTORS.

Section 3. Any REALTOR member of the Association may be disciplined by the Board of Directors for violations of the Code of Ethics or other duties of membership, after a hearing as described in the Code of Ethics and Arbitration Manual of the Association, provided that the discipline imposed is 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 Association for dues, fees, fines, or other assessments of the Association, or any of its services, departments, divisions or subsidiaries, the Association may condition the right of the resigning Member to reapply for membership upon payment in full of all such monies owed.

Section 5. If a Member resigns from the Association or otherwise causes membership to terminate with an ethics complaint request pending, that Board of Directors may condition the right of the resigning Member to reapply for membership upon the applicant’s certification that he/she will submit to the pending ethics proceeding and will abide by the decision of the hearing panel.

  1. If a member resigns or otherwise causes membership to terminate, the duty to submit to arbitration mediate 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. REALTOR Members, whether primary or secondary, in good standing whose financial obligations to the Association are paid in full shall be entitled to vote and to hold elective office in the Association; may use the terms REALTOR and REALTORS, which use shall be subject to the provisions of Article VIII; and have the primary responsibility to safeguard and promote the standards, interests, and welfare of the Association and the real estate profession.

  1. If a REALTOR Member is a sole proprietor in a firm, a partner in a partnership r an officer in a corporation, and is suspended or expelled, the firm, partnership or corporation shall not use the terms REALTOR or REALTORS in connection with its business during the period of suspension, or until readmission to REALTOR membership, or unless connection with the firm, partnership or corporation is severed, or management control is relinquished, whichever may apply. The membership of all other principals, partners, or corporate officers shall suspend or terminate during the period of suspension of the discipline Member, or until readmission of the discipline Member or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, 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 readmission to membership, which very my apply. Removal of an individual from any form or degree of management control must be certified to the Association 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 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 or REALTORS in connection with its business during the period of suspension or until the former Member is readmitted to membership in the Association. The foregoing is not intended to preclude a suspended or expelled Member from functioning as an employee or independent contractor, providing no management control is exercised. Further, the membership of REALTORS other than principals who are employed or affiliated a s independent contractors with the discipline Member shall suspend or terminate during the period of suspension of the disciplined Member or until readmission of the discipline Member, or unless connection of the disciplined member 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 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.

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

Section 7. Institute Affiliate Members. Institute Affiliate Members shall have such 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 8. Affiliate Members. Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.

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

Section 10. Honorary Members. Honorary membership shall confer only their 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. “Designated” REALTOR Members of the Association shall certify to the Association during the month of January on a form provided by the Association, a complete listing of all individuals licensed or certified in the REALTORS office(s) and shall designate a primary Association for each individual who holds membership. Designated REALTORS shall also identify any non-member licensees in the REALTORS office(s) and if Designated REALTOR dues have been paid to another Association based on said non-member licensees the Designated REALTOR shall identify the Association to which dues have been remitted. These declarations shall be used for purposes of calculating dues under Article X, Section 2(a) of the Bylaws. “Designated” REALTOR Members shall also notify the Association of any additional individual(s) licensed or certified with the firm(s) within ten (10) days of the date of affiliation or severance of the individual.


Section 13. Harassment
Any member of the association may be reprimanded, placed on probation, suspended or expelled for harassment of an association or MLS employee or Association Officer or Director after an investigation in accordance with the procedures of the association. 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. Disciplinary action may include any sanction authorized by the Association’s Code of Ethics and Arbitration Manual. 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 harassment are available online through: http://www.realtor.org, or from the Member Policy Department.

PROFESSIONAL ETHICS TRAINING

  1. Within two (2) years of the date of election to membership, and every two years thereafter, each REALTOR Member of the Association shall be required to demonstrate that they have completed a course of not less than three (3) hours on the REALTOR Code of Ethics, its interpretation and meaning and/or the procedures related to its enforcement.

  1. This requirement will be considered satisfied upon presentation of evidence that the member has completed an educational program conducted by another Member association, the Arizona Association of REALTORS the NATIONAL ASSOCIATION OF REALTORS or any of its affiliated institutes, societies or councils, or any other recognized educational institution which, in the opinion of the Board of Directors, is an adequate substitute for the training programs conducted by the Association.

  1. Failure to satisfy this requirement biennially will result in membership being automatically terminated two (2) months after the deadline for completing the training.













ARTICLE VII

PROFESSIONAL STANDARDS AND ARBITRATION

Section 1. The responsibility of the Association of Association Members relating to the enforcement of the Code of Ethics, the disciplining of Members, and the arbitration of disputes, and the organization and procedures incident thereto, shall be consistent with the Arizona Association of REALTORS Statewide Professional Standards Enforcement Agreement entered into by the Association which by this reference is made a part of these bylaws.

Section 2. It shall be the duty and responsibility of every REALTOR of the Association to abide by the Constitution and Bylaws and the Rules and Regulations of the Association, the Constitution and Bylaws of the State Association, the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS, and to abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS, including the duty to arbitrate and mediate controversies arising out of real estate transactions as specified in Article 17 of the Code of Ethics, and as further defined and in accordance with the procedures set forth in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS as from time to time amended.

Section 3. All request for Ethics violations or Arbitration requests shall be forwarded to the Arizona Association of REALTORS for processing and implementation. The Association and Association Members are also responsible for the enforcement of the Code of Ethics, the disciplining of members, the arbitration of disputes, and the organization and procedures incident hereto, consistent with the cooperative professional standards enforcement agreement entered into by the Association, which by this reference is made a part of these bylaws.


ARTICLE VIII

USE OF THE TERMS REALTOR AND REALTORS

Section 1. Use of the terms REALTOR and REALTORS by Members shall, at all times, be subject to the provisions of the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS and to the Rules and Regulations prescribed by its Board of Directors. The Association shall have 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.

Section 2. REALTOR Members of the Association shall have the privilege of using the terms REALTOR and REALTORS in connection with their places of business within the state or a state contiguous thereto so long as they remain REALTOR Members in good standing. No other class of Members shall have this privilege.

Section 3. A REALTOR Member who is a principal of a real estate firm, partnership, or corporation may use the terms REALTOR and REALTORS only if all 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 or Institute Affiliate Members as described in Section 1 (b of Article IV.)

  1. In the case of a REALTOR member who is a principal of a real estate firm, partnership, or corporation whose business activity is substantially all commercial, the right to use the term REALTOR or REALTORS shall be limited to office locations in which a principal, partner, corporate officer, or branch office manager of the firm, partnership, or corporation holds REALTOR membership. If a firm, partnership, or corporation operates additional places of business in which no principal, partner, corporate officer, or branch office manager holds REALTOR membership, the term REALTOR or REALTORS may not be used in any reference to those additional places of business.

Section 5. Institute Affiliate Members shall not use the terms REALTOR, REALTORS, nor the imprint of the emblem seal of the NATIONAL ASSOCIATION OF REALTORS.


ARTICLE IX

STATE AND NATIONAL MEMBERSHIPS

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

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

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

Section 2. Dues. The annual dues of Members shall be as follows:

  1. REALTOR Members. The annual dues of each Designated REALTOR Member shall be in such amount to be established annually by the Board of Directors, plus an additional amount to be established annually by the Board of Directors 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 Designated REALTOR Member, and (2) are not REALTOR Members of any association in the state or a state contiguous thereto or Institute Affiliate Members of the Association. In calculating the dues payable to the Association by a Designated REALTOR Member, non-member licensees are defined in Section 2 (a) (1) and (2) of this Article shall not be included in the computation of dues if the DR has paid dues based on said non-member licensees in another Association in the state or a state contiguous thereto, provided the Designated REALTOR notifies the Association in writing of the identity of the Association 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 Association.

    1. For the purpose of this Section, a REALTOR Member of a Member Board shall be held to be a Member who has a place or places of business within the state or a state contiguous thereto and whom as a principle, partner, or corporate officer, or branch office manager of a real estate firm partnership, or corporation, is actively engaged in the real estate profession as define 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 provided that such licensee is not otherwise included in the computation of dues payable by the principal, partner, or corporate officer of the entity.
A REALTOR® with a direct or indirect ownership interest in an entity engaged exclusively in soliciting and/or referring clients and customers to the REALTOR® for consideration on a substantially exclusive basis shall annually file with the association on a form approved by the association a list of the licensees affiliated with that entity and shall certify that 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® or REALTOR-ASSOCIATE® membership in the association. However, membership dues shall not be prorated if the licensee held REALTOR® or REALTOR-ASSOCIATE® membership during the preceding calendar year.
  1. The annual dues of REALTOR Members other than the Designated REALTOR shall be an amount determined annually by the Board of Directors.

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 Members 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 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.


  1. Public Service Members. Dues payable, if any, shall be at the discretion of the Board of Directors.

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

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

Section 3. Dues Payable. Dues for all Members shall be payable annually in advance on the first fifth (5th) day of January. Association application for membership is received by the Association and shall be computed from the first day of the quarter in which the applicant is notified of election and shall be prorated for the remainder of the year. Dues for the NATIONAL ASSOCIATION OF REALTORS and the ARIZONA ASSOCIATION OF REALTORS shall be computed from the first day of the quarter the application for membership is received by the Association and shall be prorated for the remainder of the year. Any Member who changes offices during the year shall also pay a transfer fee so that their records and be updated. The Association Policies and Procedures shall set the manner in which dues and fees are paid.

Section 4. Nonpayment of Financial Obligations. If dues, fees, fines, or other assessments including amounts owed to the Association are not paid within one (1) month after the due date, the nonpaying member is subject to suspension at the discretion of the Board of Directors. Two (2) months after the due date, membership of the nonpaying Member may be terminated at the discretion of the Board of Directors. Three (3) months after the due date, membership of the nonpaying Member shall automatically terminate unless within the time 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 Association or any of its services, departments, divisions or subsidiaries may apply for reinstatement in a manner prescribed for new applicants for membership, after making payment in full of all accounts due as of the date of termination.

Section 4a. A late fee of $25.00 shall be imposed on dues over thirty (30) days past due.

Section 5. Deposit. All monies received by the Association for any purpose shall be deposited to the credit of the Association in a financial institution or institutions selected by resolution of the Board of Directors.

Section 6. Expenditures. The Board of Directors shall administer the day to day finances of the Douglas Association of REALTORS. All capital expenditures shall be approved by a majority vote of the members of the Board of Director 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 Association shall be noticed 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 Emeriti (as recognized by the National Association), Past Presidents of the National Association or recipients of the Distinguished Service Award shall be as determined by the Board of Directors.


ARTICLE XI

OFFICERS AND DIRECTORS

Section 1. Officers. The elected officers of the Association shall be: a President; a Vice President, a Secretary, and a Treasurer. They shall be elected for terms of one (1) year, except that the Secretary and the Treasurer shall be elected for two (2) year terms.

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

Section 3. Board of Directors. The governing body of the Association shall be a Board of Directors consisting of the elected officers and, two (2) elected Directors and the immediate Past President plus an Affiliate Director. Directors shall be elected to serve terms of three (3) years, except that at organization one-third (1/3) of the elected Directors shall be elected for terms of one (1), two (2) and three (3) years respectively, or for lesser terms as may be deemed necessary to complete the first fiscal year. Thereafter, as many directors shall be elected each year as are required to fill vacancies. The Affiliate Director will serve a one (1) year term. Additional voting Members of the Board of Directors shall be specified in Article XI, Section 3, (b).

  1. The General Membership shall, at its annual meeting, elect a Member to be a Director of the ARIZONA ASSOCIATION OF REALTORS for a one year term. Board Members who are elected or appointed to be Directors of the ARIZONA ASSOCIATION OF REALTORS shall be voting Members of the Board of Directors of this Association. Should an Association member be elected by the State Association Board of Directors, the other position of Director of the NATIONAL ASSOCIATION OF REALTORS, that Member shall also be a voting Member of the Board of Directors of this Association. An Affiliate Member shall also be elected as a one (1) year Director with full voting privileges.





Section 4. Nomination and Election of Officers and Directors.

  1. 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.

  1. The Nominating Committee shall select a minimum of one candidate for each office and one candidate for each vacancy to be filled on the Board of Directors. The report of the Nominating Committee shall be provided to each REALTOR Member eligible to vote at least three (3) weeks preceding the election.

  1. Additional candidates for the offices to be filled may be placed in nomination by a petition signed by at least ten percent (10%) of the REALTOR Members eligible to vote. The petition shall be filed with the Secretary at least two (2) weeks before the election. The Secretary shall send notice of such additional nomination to all REALTOR Members eligible to vote before the election.

  1. Nominations for each elective Association Officer position and each Director vacancy may be accepted from the floor at the annual General Membership and Election meeting. Upon nomination, the nominee must accept the nomination in person or in writing.

  1. The election of Officers and Directors shall take place at the annual General Membership and Election Meeting. Election shall be by ballot and all votes shall be cast in person. The Association has a voluntary membership, therefore NO vote by proxy, absentee ballot or power of attorney shall be accepted. Members eligible to vote shall be members in good standing. Except that for the position of Affiliate Director, voting shall include members eligible to vote and each affiliate office shall have one vote.

  1. The President, with the approval of the Board of Directors, shall appoint an Election Committee of three (3) REALTOR Members to conduct the election. A candidate must receive over fifty percent (50%) of the votes cast to be elected. In the event that three or more candidates are voted upon, and no one received over fifty percent (50%) of the votes cast (or in case of a tie), the two candidates receiving the most votes shall be voted upon and the individual receiving over fifty (50%) of the votes shall be elected.


Section 5. Installation. Installation of the newly elected Board of Directors shall take place after the AAR Convention, but before the NAR Convention, at a date, time and place designated by the sitting Board of Directors. The new Board shall be seated in accordance with the elective year (Article XIV, Section 2)


Section 6. Vacancies.

  1. If, for any reason, the President is unable to complete his/her term of office, the Vice President shall assume the position of President and perform the duties of that office for the remainder of the term.

  1. Vacancies among the other 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 7. Removal of Officers and Directors. In the event than an Officer or Director is deemed to be incapable of fulfilling the duties for which elected, but will not resign from office, voluntarily, the Officer or Director may be removed from office under the following procedure:

  1. A petition requiring the removal of an Officer of 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.

  1. 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 Association shall be to consider the charge against the Officer of Director, and to render a decision on such petition.

  1. The special meeting shall be noticed to all voting members at least ten (10) days prior to the meeting, and shall be conducted by the President of the Association unless the President’s continued service in office is being considered at the meeting. In such case, the next-ranking officer will conduct the meeting of the hearing by the Members. Provided a quorum is present, a three-fourths (3/4) vote of Members present and voting shall be required for removal from office.

ARTICLE XII

MEETINGS

Section 1. Annual General Membership & Election Meeting. The annual election of Association Officers and Directors shall be held at a date, place and hour to be designated by the Board of Directors.

Section 2. Meetings of the Board of Directors. The Board of Directors shall designate a regular time and place of meetings. Absence from three (3) regular meetings within a year without an excuse deemed valid by the Board of Directors shall be construed as resignation. A quorum of at least four (4) of the elected voting membership of the Board of Directors must be present to conduct business.

Section 4. Other Meetings. Meetings of the Members may be held at other times as the President or the Board of Directors may determine, or upon written request of at least 10% of the Members eligible to vote.

Section 5. Notice of Meetings. Written notice shall be given to every Member entitled to participate in the meeting at least one (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 6. General Membership Quorum. A quorum for the transaction of business shall consist of those Members present and eligible to vote. As part of the quorum, it is required that three (3) Officers-Members be present.


ARTICLE XIII

COMMITTEES

Section 1. Standing Committees. The President shall appoint from among the REALTOR Members, subject to confirmation by the Board of Directors, chairmen for such Standing Committees as deemed necessary by the President. Standing Committees shall include, but not be limited to:
Legislative Education
Membership Finance
Public Relations REALTOR Protection
Equal Opportunity

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 of 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 and special committees, except the Nominating committee and the REALTOR of the Year Committee, and shall be notified of their meetings.


ARTICLE XIV

FISCAL AND ELECTIVE YEAR

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

Section 2. The elective year of the Board of directors shall be from the day after the last day of the National Convention through the last day of National Convention of the year.


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 General Membership, its Board of directors, and committees, in all instances wherein its provisions do not conflict with these Bylaws.

Section 2. Parliamentarian. The President, at his discretion, may appoint a Parliamentarian to hold a non-voting position on the Board of Directors to advise on procedures as set forth in these Bylaws and Robert’s Rules of Order, latest edition.


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 state in the call for the meeting.

Section 2. Notice of all meetings at which amendments are to be considered and a copy of the proposed amendment shall be provided to every Member eligible to vote at least one (1) week prior to the meeting.

Section 3. Unless otherwise stated, amendments to these Bylaws proposed and approved by the General Membership shall become effective immediately with the exception that amendments to these Bylaws affecting the admission or qualification of REALTOR and Institute Affiliate Members, the use of the terms REALTOR and REALTORS or any alteration in the territorial jurisdiction of the Association shall become effective upon their approval as authorized by the Board of Directors of the NATIONAL ASSOCIATION OF REALTORS.
All amendments mandated by the NATIONAL ASSOCIATION OF REALTORS shall be approved b the Board of Directors and shall become effective immediately following said approval.








ARTICLE XVII

DISSOLUTION

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






Article XVIII SUPRA

The Association shall maintain the "Minimum Security Measures" for the KeyBox system as specified by the National Association of REALTORS®.

Section 1.1

ActiveKey AND KEY-SAFES: The Association shall maintain a common system of key-safes, for the benefit of the Designated REALTOR® Members and their licensees only. No Key Boxes shall be issued to any other person or entity at any time for any reason, except for the Department of HUD.

Designated REALTOR® Members and their licensees who have membership in the Douglas Association of REALTORS® or another Association within the state of Arizona may be issued an ActiveKey or KeyBoxes. ActiveKey or KeyBoxes shall not be issued to any other person or entity at any time for any reason, except for the Department of HUD.

Section 1.2

RESPONSIBILITIES: The Designated REALTOR® member has the primary responsibility for control and security of all ActiveKeys and KeyBoxes leased and used by the Designated REALTOR® Member and his/her associates. Use of the ActiveKey by the Designated REALTOR® Member and his/her associates shall be for the express purpose of previewing or showing property in accordance with Section 3 of the Southeast Arizona Multiple Listing Service, Inc. Rules and Regulations.

1.2(a) On a yearly basis a physical audit of all ActiveKeys will be implemented. Each KeyHolder will be required to produce his own key at the Association office within the given time frame. Failure to produce his key will result in deactivating of the key and a twenty five dollar ($25.00) fine.

1.2(b) The Association may refuse to sell ActiveKeys, may terminate existing key lease agreements, and may refuse to activate or reactivate any key held by an individual convicted of a felony or misdemeanor if the crime, in the determination of the Association relates to the real estate business or puts clients, customers, or other real estate professionals at risk.

The Association may suspend the right of lock box KeyHolders to use lock box keys following their arrest and prior to their conviction for any felony or misdemeanor which, in the determination of the Association the crime relates to the real estate business or which puts clients, customers, or other real estate professionals at risk.

Factors that can be considered in making such determinations include, but are not limited to:

  1. the nature and seriousness of the crime
  2. the relationship of the crime to the purposes for limiting lock box access
  3. the extent to which access (or continued access) might afford opportunities to engage in similar criminal activity
  4. the extent and nature of past criminal activity
  5. time since past criminal activity
  6. evidence of rehabilitation while incarcerated or following release and
  7. evidence of present fitness

Section 1.3

ACTIVEKEY ISSUANCE: The Designated REALTOR® Members and their associates authorized to have an ActiveKey to the common KeyBox system shall receive a copy of the agreement between the Association and the key-holder, stipulating the responsibilities and liabilities of the parties to the agreement. Any REALTOR® receiving an ActiveKey shall first have the written authorization of the Designated REALTOR® member or his designated representative, with whom he is affiliated.

Section 1.4

KEY-HOLDER STATUS CHANGE:

(A) Severance: Upon severance of a Designated REALTOR®'s associate, the Designated REALTOR® shall immediately notify the Association. Upon receipt of such notice by the Association, the Designated REALTOR® shall be responsible for the return of the associates’ ActiveKey, charger and the four (4) lockboxes that were issued to the Designated Realtor® at the time he received the key. The Designated Realtor® shall have five (5) business days to return all the items listed.

Should the Associate:

(1) NOT Return an ActiveKey to the Association a fine of $249.00 plus tax shall be paid by the Associate or the actual cost of key replacement by the Broker. If the Charger is not returned the cost of a replacement will be charged to the Broker. The market price at the time will be charged along with tax and shipping costs. If the lockboxes are not returned the market price will be charged to the Broker along with tax and shipping costs.


Section 1.5

WRITTEN AUTHORIZATION BY SELLER: Written authorization shall be obtained by the listing agent from the property owner prior to the placement of a KeyBox on the listed property.

Section 1.6

SIGN-IN: Properties utilizing the KeyBox system may have a sign-in sheet located in a conspicuous place. All key-holders are requested to sign-in when entering the listed property.

If the user of an ActiveKey opens a key-safe and there is no key found inside, the user must call the Listing Agent or Broker immediately to report there was no key. Failure to do so could result in disciplinary action, fine, or both.

If a user of an ActiveKey, takes the key(s) from the KeyBox and does not return it (them) to the KeyBox, the user will be responsible for calling all the Listing Agents/Brokers of each property he has shown or checking each KeyBox of each property he has shown, until the proper KeyBox is found. The user is responsible for returning the property key to the proper KeyBox. If the user loses the key he is responsible to make the arrangements and pay any costs associated with its replacement. If a KeyBox must be read to determine the last entrant where a key is missing, that user may be disciplined, fined or both.

Section 1.7

SHARING OF ACTIVEKEYS: The use of an ActiveKey by any person other than the registered key-holder is expressly prohibited. Violations of this section shall result in a fine of five hundred dollars ($500.00) to the registered key-holder.

Section 1.8
PENALTY FOR SECURITY VIOLATION: Member’s who hold ActiveKeys shall not attach their individual personal identification number (PIN) to the ActiveKey in any manner. A fine shall be imposed in the amount of $100.00, payable within one (1) week of the violation being noted by staff.






NRDS PRIVACY & SECURITY POLICY

  1. We gather the following types of information to process your transactions, fulfill your requests and maintain our membership records. This information includes but is not limited to; office information, addresses, phone numbers, email, etc.

  1. We use this information to; notify of upcoming events, newsletters, Calls to Action, etc.

  1. At no time do we distribute or sell, to any outside parties, affinity partners, etc. The Douglas Association of Realtors®, Inc. will use the email address as a form of communication.

  1. We will not share, sell or otherwise provide information about you to third parties. We do not sell mailing lists.

  1. Credit information that you and credit authorizers provide when you make payments by credit card or electronic check for products, dues or other services will never be sold, shared or provided to third parties.

  1. We maintain security procedures and standards which we believe are as safe as today’s technology permits. We modify them regularly as new technologies become feasible.

  1. We utilize a strict Opt-Out option for sending online notifications regarding services, programs or products.

  1. You may edit your personal contact information directly into the NRDS system or contact your local Realtor® Association.









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