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Article IV - Membership - Section 1-G

Posted by PRO Thu, 20 Aug 2009 19:49:00 GMT

G. PERSONAL ASSISTANTS MEMBERS. Personal Assistants members shall be individuals who do not hold an active real estate license, and who are employed by brokers or salespersons. Candidates for this category shall not hold themselves out to the public as real estate salespersons

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Article IV - Membership - Section 1-H

Posted by PRO Thu, 20 Aug 2009 19:50:00 GMT

H. 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 (2) years of college and at least one (1) 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.

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Article V - Election and Qualification - Section 1

Posted by PRO Thu, 20 Aug 2009 19:53:00 GMT

Section 1. APPLICATION.
An application for membership shall be made in such a 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, The State and National Associations, and if elected a Member, will abide by the Constitutions and Bylaws and Rules and Regulations of the Association, State and National Associations, and if a REALTOR® Member, will abide by the Code of Ethics of 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 Association 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.

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Article V - Election and Qualification - Section 2-A

Posted by PRO Thu, 20 Aug 2009 19:55:00 GMT

Section 2. QUALIFICATIONS.

A.  An applicant for REALTOR® Membership who is a principal, sole proprietor, partner, corporate officer or branch office manager of a real estate firm shall supply evidence to the Association through its Membership Department that he is actively engaged in the real estate profession, and maintains a current, valid Florida real estate broker’s or salesperson’s license or is licensed, registered, or certified by an appropriate state regulatory agency to engage in the appraisal of real property, has a place of business within the state or a state contiguous thereto, (unless a Secondary Member), has no record of official sanctions involving unprofessional conduct, agrees to complete, within sixty (60) days of making application, 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®, shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Board of Directors, and shall agree in writing or by electronic agreement that, if elected to membership, he will abide by such Constitution, Bylaws, Rules and Regulations, and Code of Ethics.

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 shall not be granted membership.

 

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Article V - Election and Qualification - Section 2-B

Posted by PRO Thu, 20 Aug 2009 20:00:00 GMT

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 Association or a Designated REALTOR® Member of another Association (if a Secondary Member) and maintain a current, valid Florida real estate broker’s or salesperson’s license or be licensed, registered, or certified by an appropriate state regulatory agency to engage in the appraisal of real property, shall complete, within sixty (60) days of making application, 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®, shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Board of Directors, and shall agree in writing or by electronic agreement 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.

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Article V - Election and Qualification - Section 2-C

Posted by PRO Thu, 20 Aug 2009 20:02:00 GMT

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

  • All final findings of Code of Ethics violations and violations of other membership duties in this or any other REALTOR® association within the past three years.
  • Pending ethics complaints (or hearings)
  • Unsatisfied discipline pending
  • Pending arbitration requests (or hearings)
  • Unpaid arbitration awards or unpaid financial obligations to any other association or association MLS
  • 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, provided all other qualifications for membership have been satisfied. The Association 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 the applicant will submit to the pending ethics or arbitration proceeding (in accordance with the established procedures of the Association and will abide by the decision of the hearing panel. 

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Article V - Election and Qualification - Section 3-A

Posted by PRO Thu, 20 Aug 2009 20:07:00 GMT

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 association dues and any application fee. Provisional members shall be considered REALTORS® and shall be subject to all of the same privileges and obligations of membership. Provisional membership is granted subject to subsequent review of the application by the Association Staff. If the Association staff determines that the individual does not meet all of the qualifications for membership as established in the association’s bylaws, or, if the individual does not satisfy all of the requirements of membership, within sixty (60) days from the association’s receipt of the application, membership may, at the discretion of the board of directors, be terminated except as provided for in Section 5 of this Article.

 

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Article V - Election and Qualification - Section 3-B

Posted by PRO Thu, 20 Aug 2009 20:12:00 GMT

B. Dues for new members shall be pro-rated monthly and shall be payable at the time of application. Dues paid 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 may be returned to the individual less a service charge and a prorated amount to cover the number of days that the individual received association services. Any processing fee shall not be refundable.

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Article V - Election and Qualification - Section 3-C

Posted by PRO Thu, 20 Aug 2009 20:13:00 GMT

C. The Board of Directors may not terminate any provisional membership except as provided for in Section 5 of this Article, 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.

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Article V - Election and Qualification - Section 3-D

Posted by PRO Thu, 20 Aug 2009 20:16:00 GMT

D. If the Board of Directors determines that provisional membership should be terminated, it shall record its reasons with the President. 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.

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Article V - Election and Qualification - Section 4-A

Posted by PRO Thu, 20 Aug 2009 20:17:00 GMT

Section 4. MEMBERSHIP STATUS
A. A REALTOR® who changes the conditions under which he holds membership shall be required to provide written notification to the Association within thirty (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 thirty (30) days of the date they advised the Association of their change in status, their new membership application will terminate automatically unless otherwise so directed by the Board of Directors. The Board of Directors, at its discretion, may waive any qualification which the applicant has already fulfilled in accordance with the Association’s Bylaws.

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Article V - Election and Qualification - Section 4-B

Posted by PRO Thu, 20 Aug 2009 20:25:00 GMT

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.

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Article V - Election and Qualification - Section 4-C

Posted by PRO Thu, 20 Aug 2009 20:27:00 GMT

C. Dues for new members shall be prorated from the first day of the month in which the member first applies for provisional membership and shall be computed from the date of application and granting of provisional membership.

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Article V - Election and Qualification - Section 5

Posted by PRO Thu, 20 Aug 2009 20:30:00 GMT

Section 5. NEW MEMBER CODE OF ETHICS ORIENTATION
Applicants for REALTOR® membership shall complete an orientation program on the Code of Ethics of not less than two (2) hours and thirty (30) minutes of instructional time. This requirement does not apply to applicants for REALTOR® membership who have completed comparable orientation in another association, provided that REALTOR® membership has been continuous, or that any break in membership is for one (1) year or less. Failure to satisfy this requirement within sixty (60) days of the date of application will result in automatic termination of membership.

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Article V - Election and Qualification - Section 6

Posted by PRO Thu, 20 Aug 2009 20:43:00 GMT

Section 6. CONTINUING MEMBER CODE OF ETHICS TRAINING
Every four (4) year period each REALTOR® member of the association shall be required to complete quadrennial 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®, the NATIONAL ASSOCIATION OF REALTORS®, or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the NATIONAL ASSOCIATION OF REALTORS® from time to time. REALTOR® members who have completed training as a requirement of membership in another association and REALTOR® members who have completed the New Member Code of Ethics Orientation during any four (4) year cycle shall not be required to complete additional ethics training until a new four (4) year cycle commences.

Failure to meet the requirement for any of the four (4) year cycles will result in suspension of membership for the first two months (January and February) of the year following the end of any four (4) year cycle or until the requirement is met, whichever occurs sooner. On March 1 of that year, the membership of the member who is still suspended as of that date will be automatically terminated.

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