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Article VI - Privileges and Obligations - Section 1

Posted by PRO Thu, 20 Aug 2009 22:05:00 GMT

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

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Article VI - Privileges and Obligations - Section 2

Posted by PRO Thu, 20 Aug 2009 22:07:00 GMT

Section 2. Any Member of the Association may be reprimanded, fined, placed on probation, suspended, or expelled by the Board of Directors for a violation of these Bylaws and Association Rules and Regulations not inconsistent with these Bylaws, after a hearing as provided in the Code of Ethics and Arbitration Manual of the Association. Although Members other than REALTORS® are not subject to the Code of Ethics nor its enforcement by the Association, such Members are encouraged to abide by the principles established in the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® and conduct their business and professional practices accordingly. Further, Members other than REALTOR® may, upon recommendation of the Membership Task Force, 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 non-discriminatory basis, reflects adversely on the terms “REALTOR®” or “REALTORS®”, and the real estate industry, or for conduct that is inconsistent with or adverse to the objectives and purposes of the local Association, the State Association, and the NATIONAL ASSOCIATION OF REALTORS®.

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Article VI - Privileges and Obligations - Section 3

Posted by PRO Thu, 20 Aug 2009 22:08:00 GMT

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.

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Article VI - Privileges and Obligations - Section 4

Posted by PRO Thu, 20 Aug 2009 22:12:00 GMT

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.

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Article VI - Privileges and Obligations - Section 5

Posted by PRO Thu, 20 Aug 2009 22:14:00 GMT

Section 5. If a Member resigns from the Association or otherwise causes membership to terminate with an ethics complaint pending, the Board of Directors may condition the right of the resigning Member to reapply for membership upon the applicants’ certification the applicant will submit to the pending ethics proceeding and will abide by the decision of the hearing panel. If a member resigns or otherwise causes membership to terminate with an arbitration request pending, the obligation to arbitrate shall remain in effect and the Board may, at its discretion, process the arbitration request in accordance with its established procedures provided the dispute arose while the parties were REALTORS®.

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Article VI - Privileges and Obligations - Section 6

Posted by PRO Thu, 20 Aug 2009 22:15:00 GMT

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 hold elective office in the Association; may use the terms “REALTOR®” or “REALTORS®”, which use shall be subject to the provisions of Article VIII; and have the primary obligation to safeguard and promote the standards, interest and welfare of the Association and the real estate profession.

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Article VI - Privileges and Obligations - Section 6-A

Posted by PRO Thu, 20 Aug 2009 22:18:00 GMT

A. If a REALTOR® Member is a sole proprietor in a firm, a partner in a partnership or 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, 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 disciplined Member, or until readmission of the disciplined 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, whichever may 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 as Independent contractors with the disciplined Member shall suspend or terminate during the period of suspension of the disciplined Member, or until readmission of the disciplined Member, or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, or management control is relinquished, or unless the REALTOR® member (non-principal) elects to sever his connection with the REALTOR® and affiliate with another REALTOR® Member in good standing in the Association, whichever may apply. If a REALTOR® Member other than a sole proprietor in a firm, partner in a partnership, or an officer of a corporation is suspended or expelled, the use of the terms “REALTOR®” or “REALTORS®” by the firms, partnership or corporation shall not be affected.

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Article VI - Privileges and Obligations - Section 6-B

Posted by PRO Thu, 20 Aug 2009 22:20:00 GMT

B. In any action taken against a REALTOR® Member for suspension or expulsion under Section 6.A. hereof, notice of such action shall be given to all REALTOR® 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.

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Article VI - Privileges and Obligations - Section 7

Posted by PRO Thu, 20 Aug 2009 22:22:00 GMT

Section 7. LIFE MEMBERS. Life Members shall have all of the rights, privileges and obligations of a REALTOR® Member.

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Article VI - Privileges and Obligations - Section 8

Posted by PRO Thu, 20 Aug 2009 22:24:00 GMT

Section 8. INSTITUTE AFFILIATE MEMBERS. Institute Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors consistent with the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS®. Institute Affiliate Members shall not be granted the right to use the term REALTOR® or the REALTOR® logo, to serve as Chairman of the Board or to be a participant in the Multiple Listing Service.

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Article VI - Privileges and Obligations - Section 9

Posted by PRO Thu, 20 Aug 2009 22:25:00 GMT

Section 9. AFFILIATE, PUBLIC SERVICE, HONORARY, PERSONAL ASSISTANTS, AND STUDENT MEMBERS. Affiliate, Public Service, Honorary, Personal Assistants and Student Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.

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Article VI - Privileges and Obligations - Section 10

Posted by PRO Thu, 20 Aug 2009 22:28:00 GMT

Section 10. CERTIFICATION BY REALTORS®. “Designated” REALTOR® Members of the Association shall certify to the Association during such months as may be determined by the Association, on a form provided by the Association, a complete listing of all individuals licensed, registered, or 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 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(s) of the Bylaws. “Designated” REALTOR® Members shall also notify the Association of any additional individual(s) licensed or certified with the firm(s) within thirty (30) days of the date of affiliation or severance of the individual.

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Article VI - Privileges and Obligations - Section 11

Posted by PRO Thu, 20 Aug 2009 22:30:00 GMT

Section 11. 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 investigation team comprised of the Chairman, and Chairman-Elect 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 in the association’s Code of Ethics and Arbitration Manual. If the complaint names the Chairman or Chairman-Elect, they may not participate in the proceedings and shall be replaced by a Past Chairman serving on the Board of Directors or, alternatively, by another member of the Board of Directors selected by the highest ranking officer not named in the complaint.

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Article VII - Professional Standards and Arbitration - Section 1

Posted by PRO Thu, 20 Aug 2009 22:32:00 GMT

Section 1. The responsibility of the Association and of Association Members relating to the enforcement of the Code of Ethics, the disciplining of members and the arbitration of disputes, and the organization and procedures incident thereto shall be governed by the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®. As from time to time amended, 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 laws.

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Article VII - Professional Standards and Arbitration - Section 2

Posted by PRO Thu, 20 Aug 2009 22:35:00 GMT

Section 2. It shall be the duty and responsibility of every REALTOR® member of this Association to abide by the Bylaws and the Rules and Regulations of the Association, The Constitution and Bylaws of the State Association, the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS®, and to abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, including the duty to arbitrate controversies arising out of real estate 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 the NATIONAL ASSOCIATION OF REALTORS®, as from time to time amended.

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