TCBR Bylaws


BYLAWS OF THE

TOOELE COUNTY ASSOCIATION OF REALTORS®, INCORPORATED

 

Adopted: May 14, 2009

 

ARTICLE I – NAME

 

Section 1.  Name.  The name of this organization shall be the Tooele County Association of REALTORS®, Incorporated, hereinafter referred to as the “Association.”  (adopted May 19, 2011)

 

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

 

ARTICLE II – OBJECTIVES

 

The objectives of the Board are:

 

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

 

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

 

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

 

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

 

Section 5.  To unite those engaged in the real estate profession in this community with the Utah Association of REALTORS® and the NATIONAL ASSOCIATION OF REALTORS®, thereby furthering their own objectives throughout the state and nation, and obtaining the benefits and privileges of membership therein.

 

Section 6.  To designate, for the benefit of the public, individuals authorized to use the terms REALTOR® and REALTORS® as licensed, prescribed, and controlled by the NATIONAL ASSOCIATION OF REALTORS®.

 

ARTICLE III – JURISDICTION

 

Section 1.  The territorial jurisdiction of the Board as a Member of the NATIONAL ASSOCIATION OF REALTORS® is to include all of Tooele County, Utah.

 

Section 2.  Territorial jurisdiction is defined to mean:

 

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

 

ARTICLE IV - MEMBERSHIP

 

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

  1. REALTOR® Members.  REALTOR® Members, whether primary or secondary, shall be:             

(1) Individuals who, as sole proprietors, partners, corporate officers, or branch office managers, are engaged actively in the real estate profession, including buying, selling, exchanging, renting or leasing, managing, appraising for others for compensation, counseling, building, developing or subdividing real estate, and who maintain or are associated with an established real estate office in the state of Utah or a state contiguous thereto.  All persons who are partners in a partnership, or all officers in a corporation who are actively engaged in the real estate profession within the state or a state contiguous thereto shall qualify for REALTOR® Membership only, and each is required to hold REALTOR® Membership except as provided in the following paragraph in a Board of REALTORS® within the state or a state contiguous thereto unless otherwise qualified for Institute Affiliate Membership as described in Section 1(b) of Article IV.

 

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

 

NOTE: REALTOR® Members may obtain membership in a “secondary” Board in another state.

 

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

 

(3) Franchise REALTOR® Membership.  Corporate officers (who may be licensed or unlicensed) of a real estate brokerage franchise organization with at least one hundred fifty (150) franchisees located within the United States, its insular possessions and the commonwealth of Puerto Rico, elected to membership pursuant to the provisions in the NAR Constitution and Bylaws.  Such individuals shall enjoy all of the rights, privileges and obligations of REALTOR® membership (including compliance with the Code of Ethics) except: obligations related to board mandated education, meeting attendance, or indoctrination classes or other similar requirements; the right to use the term REALTOR® in connection with their franchise organization’s name; and the right to hold elective office in the local board, state association and National Association.

 

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

 

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

 

(6) The current President of the Utah Association of REALTORS® shall be a member of the Tooele County Board of REALTORS® during his or her term of office and shall be qualified to represent the Tooele County Board of REALTORS® as a delegate to the NATIONAL ASSOCIATION OF REALTORS® Delegate Body if requested to do so by the President of the Tooele County Board of REALTORS®.  Local Board dues for the UAR President shall be waived.

 

(B) Institute Affiliate Members.  Institute Affiliate members shall be individuals who hold a professional designation awarded by an Institute, Society, or Council affiliated with the NATIONAL ASSOCIATION OF REALTORS® that addresses a specialty area other than residential brokerage or individuals who otherwise hold a class of membership in such Institute, Society or Council that confers the right to hold office.  Any such individual, if otherwise eligible, may elect to hold REALTOR® membership, subject to payment of applicable dues for such membership.

 

(C) Affiliate Members.  Affiliate Members shall be real estate owners and other individuals or firms who, while not engaged in the real estate profession as defined in paragraphs (a) or (b) of this Section, have interests requiring information concerning real estate, and are in sympathy with the objectives of the Board.  Affiliate Membership shall also be granted to individuals licensed or certified to engage in real estate practice who, if otherwise eligible, do not elect to hold REALTOR® Membership in the board, provided the applicant is engaged exclusively in a specialty of the real estate business other than brokerage of real property.

 

(D) Public Service Members.  Public Service Members shall be individuals who are interested in the real estate profession as employees of or affiliated with educational, public utility, governmental or other similar organizations, but are not engaged in the real estate profession on their own account or in association with an established real estate business.

 

(E) Honorary Members.  Honorary Members shall be individuals not engaged in the real estate profession who have performed notable service for the real estate profession, for the Board, or for the public.

 

(F) Student Members.  Student Members shall be individuals who are seeking an undergraduate or graduate degree with a specialization or major in real estate at institutions of higher learning, and who have completed at least two years of college and at least one college level course in real estate, but are not engaged in the real estate profession on their own account or not associated with an established real estate office.

 

ARTICLE V - QUALIFICATION AND ELECTION

 

Section 1.  Application.

 

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/herself  with the Bylaws and Policies and Procedures of the Board and the State Association and the Code of Ethics, Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS® and if elected a Member, will abide by the Bylaws and Policies and Procedures of the Tooele County Board of REALTORS® and State Association and  the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS®, and if a REALTOR® member, will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, including the obligation to arbitrate controversies arising out of real estate transactions as specified by Article 17 of the Code of Ethics, and as further specified in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®, as from time to time amended, and (2) that applicant consents that the Board, through its Board of Directors or otherwise, may receive information and comment about applicant from any Member or other persons, and that applicant agrees that any information and comment furnished to the Board by any person in response to the invitation shall be conclusively deemed to be privileged and not form the basis of any action for slander, libel, or defamation of character.  The applicant shall, with the form of application, have access to a copy of the Bylaws, Constitution, Policies and Procedures and Code of Ethics referred to above.

 

Section 2.  Qualification.

 

(A) An applicant for REALTOR® Membership who is a sole proprietor, partner, corporate officer, or branch office manager of a real estate firm shall supply evidence satisfactory to the Board of Directors that he/she is actively engaged in the real estate profession, and maintains a current, valid real estate broker’s or salesperson’s license or is licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, has a place of business within the state or a state contiguous thereto (unless a secondary member), has no record of recent or pending bankruptcy (*), has no record of official sanctions involving unprofessional conduct (**), agrees to complete a course of instruction covering the Bylaws and Policies and Procedures of the Board, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® within 180 day of the date of application and shall agree that if elected to membership, he/she will abide by such Constitution, Bylaws, Policies and Procedures, and Code of Ethics. 

 

(*) NO RECENT OR PENDING BANKRUPTCY is intended to mean that the applicant or any real estate firm in which the applicant is a sole proprietor, general partner, or corporate officer, or branch office manager is not involved in any pending bankruptcy or insolvency proceedings or, has not been adjudged bankrupt in the past three (3) years.  If a bankruptcy proceeding as described above exists, membership may not be rejected unless the Board establishes that its interests and those of its members and the public could not be adequately protected by requiring that the bankrupt applicant pay cash in advance for Board fees for up to one (1) year from the date that membership is approved or from the date that the applicant is discharged from bankruptcy (whichever is later).  In the event that an existing member initiates bankruptcy proceedings, that member may be placed on a “cash basis” from the date that bankruptcy is initiated until one (1) year from the date that the member has been discharged from bankruptcy.

 

(**) No record of official sanctions involving unprofessional conduct is intended to mean that the Board may only consider:

 

  1. judgments against the applicant within the past three (3) years of violations of (1) civil rights laws; (2) real estate license laws; (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities
  2. criminal convictions if (1) the crime was punishable by death or imprisonment in excess of one year under the law under which the applicant was convicted, and (2) no more than ten (10) years have elapsed since the date of the conviction or the release of the applicant from the confinement imposed for that conviction, whichever is the later date

 

NOTE 1: One or more of the requirements for REALTOR® membership set forth above in Article V, Section 2(a) may be deleted at the Board’s discretion.  However, the Board may NOT adopt membership qualifications more rigorous than specified in the Membership Qualification Criteria for REALTOR® Membership approved by the Board of Directors of the National Association.

 

NOTE 2: Article IV, Section 2, of the NAR Bylaws prohibits Member Boards from knowingly granting REALTOR® membership to any applicant who has an unfulfilled sanction pending which was imposed by another Board or Association of REALTORS® for violation of the Code of Ethics.

 

(B) Individuals who are actively engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office managers in order to qualify for REALTOR® Membership, shall at the time of application, be associated either as an employee or as an independent contractor with a Designated REALTOR® Member of the Board or a Designated REALTOR® Member of another Board (if a secondary member) and must maintain a current, valid real estate broker’s or salesperson’s license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, has no record of official sanctions involving unprofessional conduct(*) shall complete a course of instruction covering the Bylaws and Policies and Procedures of the Board, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® within 180 days of date of application  and shall agree in writing that if elected to membership he/she will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, and by the Constitution, Bylaws and Policies and Procedures of the local Board, State Association, and the National Association.

 

(*) No record of official sanctions involving unprofessional conduct is intended to mean that the Board may only consider:

 

  1. judgments against the applicant within the past three (3) years of violations of (1) civil rights laws; (2) real estate license laws; (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities
  2. criminal convictions if (1) the crime was punishable by death or imprisonment in excess of one year under the law under which the applicant was convicted, and (2) no more than ten (10) years have elapsed since the date of the conviction or the release of the applicant from the confinement imposed for that conviction, whichever is the later date

 

(C) The Board will also consider the following in determining an applicant’s qualifications for REALTOR® membership:

 

1. All final findings of the 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 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 has 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 (6) 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.  The procedure for election to membership shall be as follows:

 

  1. 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 the individual meeting all of the qualifications and satisfying all of the requirements for membership.  If it is determined that the individual does not meet all of the qualifications for membership as established in the association’s bylaws, or if the individual does not satisfy all of the requirements of membership, membership may, at the discretion of the Board of Directors, be terminated.

 

  1. Dues shall be computed from the first day of the month of application and shall be non-refundable unless the association’s Board of Directors terminates the individual’s membership in accordance with subsection (A) above.  In such instances, dues shall be returned to the individual less a prorated amount to cover the number of days that the individual received association services and any application fee.

 

  1. The Board of Directors may not terminate any provisional membership without providing the provisional member with advance notice, an opportunity to appear before the Board of Directors, to call witnesses on his/her behalf, to be represented by counsel, and to make such statements as he/she 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.

 

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

 

Section 4.  New Member Orientation.

 

Applicants for REALTOR® membership shall complete a Tooele County Board of REALTORS® New Member Orientation Program.  New members who have held TCBR membership at a previous time must complete another New Member Orientation if their break in membership is greater than one year.  Failure to satisfy this requirement within the first two (2) scheduled and held orientations from 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.

 

Section 5.  New Member Code of Ethics Orientation.

 

Applicants for REALTOR® membership and provisional REALTOR® members (where applicable) shall complete an orientation program of 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 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 (1) year or less.

 

Failure to satisfy this requirement within thirty (30) days of the date of application (or, alternatively, the date that provisional membership was granted), will result in denial of the membership application or termination of provisional membership.

 

Note: Orientation programs must meet the learning objectives and minimum criteria established from time to time by the NATIONAL ASSOCIATION OF REALTORS®.

 

(A) Effective July 13, 2006, each REALTOR® member of the Tooele County Board of REALTORS® shall be required to complete a Code of Ethics training of not less than two (2) hours and thirty (30) minutes of instructional time in order to lease a Readerkey through the association.  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 Utah Association of REALTORS® or through the National Association of REALTORS® online Code of Ethics training course.

 

Note: The Code of Ethics training must meet the learning objectives and minimum criteria established from time to time by the National Association of REALTORS®.

 

Section 6.  Continuing Member Code of Ethics Training.

 

Effective January 1, 2001, through December 31, 2004, and for successive four year periods thereafter, each REALTOR® member of the association (with the exception of REALTOR® members granted REALTOR® Emeritus status by the National Association) shall be required to complete 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 REALTOR® 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-year cycle shall not be required to complete additional ethics training until a new four-year cycle commences.

 

Failure to satisfy this requirement shall be considered a violation of a membership duty Failure to meet the requirement for the second (2005 – 2008) cycle and subsequent 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 member who is still suspended as of that date will be automatically terminated.

 

Section 7.  Status Changes.

 

(A) A REALTOR® who changes the conditions under which he/she holds membership shall be required to provide written notification to the Board within thirty (30) days.  A REALTOR® (non-principal) who becomes a principal in the firm with which he/she 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 forty-five (45) days of the date they advised the Board of their change in status, their new membership application will terminate automatically unless otherwise so directed by the Board of Directors.

 

A REALTOR® who is transferring license from one firm comprised of REALTOR® principals to another firm comprised of REALTOR® principals shall be subject to all of the privileges and obligations of membership during the period of transition.  If the transfer is not completed within 10 days of the date the Board is advised of the disaffiliation with the current firm, membership will terminate automatically unless otherwise so directed by the Board of Directors.

 

NOTE: The Board of Directors, at its discretion, may waive any qualification that the applicant has already fulfilled in accordance with the Board’s Bylaws.

 

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

 

(C) Dues shall be computed from the first day of the month in which the member submits application, and shall be prorated for the reminder of that year.  Dues will be paid annually thereafter, and shall be based on the new membership status for the remainder of the year.

 

ARTICLE VI - PRIVILEGES AND OBLIGATIONS

 

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

 

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

 

Section 3.  Any REALTOR® Member of the Board may be disciplined by the Board of Directors for violations of the Code of Ethics or other duties of membership, after a hearing as described in the Code of Ethics and Arbitration Manual of the Board, provided that the discipline imposed is consistent with the discipline authorized by the Professional Standards Committee of the NATIONAL ASSOCIATION OF REALTORS® as set forth in the Code of Ethics and Arbitration Manual of the National Association.

 

Section 4.  Resignations of Members shall become effective when received in writing by the Board of Directors, provided, however, that if any Members submitting the resignation is indebted to the Board for dues, fees, fines, or other assessments of the Board or any of its services, departments, divisions, or subsidiaries, the Board may

condition the right of the resigning Member to reapply for membership upon payment in full of all such monies owed.

 

Section 5.  If a Member resigns from the Board or otherwise causes membership to terminate with an ethics complaint pending, 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.

                                                                                                                                                           

(A) If a member resigns or otherwise causes membership to terminate, the duty to submit to arbitration continues in effect even after membership lapses or is terminated, provided that the dispute arose while the former member was a REALTOR®.

 

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

 

(A) If a REALTOR® Member is a principal in a firm, partnership, or corporation and is suspended or expelled, the firm, partnership, or corporation shall not use the terms REALTOR® or REALTORS® in connection with its business during the period of suspension, or until readmission to REALTOR® Membership, or unless connection with the firm, partnership, or corporation is severed, whichever may apply.  The membership of all other principals, partners, or corporate officers shall suspend or terminate during the period of suspension of the disciplined Member, or until readmission of the disciplined Member, or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, whichever may apply.  Further, the membership of REALTORS® other than principals who are employed by or affiliated as independent contractors with the disciplined Members shall suspend or terminate during the period of suspension of the disciplined Member or until readmission of the disciplined Member or until connection of the disciplined Member with the firm, partnership, or corporation is severed, or unless the REALTOR® Member (non-principal) elects to sever his/her connection with the REALTOR® and affiliate with another REALTOR® Member in good standing in the Board, whichever may apply. 

 

If a REALTOR® Member who is other than a principal in a firm, partnership, or corporation is suspended or expelled, the use of the terms REALTOR® or REALTORS® by the firm, partnership, or corporation shall not be affected. (*)

 

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

 

Section 7.  Institute Affiliate Members.  Institute Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors consistent with the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS®.

 

NOTE: Local associations establish the rights and privileges to be conferred on Institute Affiliate Members except that no Institute Affiliate Member my 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 the right to attend meetings and participate in discussions.

 

Section 11.  Student Members.  Student Members shall have rights and privileges and be subject to obligations as prescribed by the Board of Directors.

 

Section 12.  Certification by REALTOR®.  “Designated” REALTOR® Members of the Board shall certify to the Board during the months of January and July on a form provided by the Board, a complete listing of all individuals licensed 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 licenses in the REALTOR®’s office(s) and if Designated REALTOR® Dues have been paid to another Board based on said non-member licensees; the Designated REALTOR® shall identify the Board to which dues have been remitted.  These declarations shall be used for purposes of calculating dues under Article X, Section 2(a) of the Bylaws.  “Designated” REALTOR® Members shall also notify the Board of any additional individual(s) licensed or certified with the firm(s) within 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 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 the President-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 President or President-elect, they may not participate in the proceedings and shall be replaced by the Immediate Past President or, alternatively, by another member of the Board of Directors selected by the highest ranking officer not named in the complaint.

 

NOTE:  Suggested procedures for processing complaints of harassment are available on line at http://www.REALTOR.org, or from the Member Policy Department.

 

ARTICLE VII - PROFESSIONAL STANDARDS AND ARBITRATION

 

Section 1.  The responsibility of the Board and of Board Members relating to the enforcement of the Code of Ethics, the disciplining of Members, and the arbitration of disputes, and the organization and procedures incident thereto, shall be governed by the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®, as amended from time to time, which is by this reference incorporated into these Bylaws, provided, however, that any provision deemed inconsistent with state law shall be deleted or amended to comply with state law.

 

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

 

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

 

ARTICLE VIII - USE OF THE TERMS REALTOR® AND REALTORS®

 

Section 1.  Use of the terms REALTOR® and REALTORS® by Members shall, at all times, be subject to the provisions of the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS® and to the Rules and Regulations prescribed by its Board of Directors.  The Board shall have the authority to control, jointly and in full cooperation with the NATIONAL ASSOCIATION OF REALTORS®, use of the terms within its jurisdiction.   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 Board shall have the privilege of using the terms REALTOR® and REALTORS® in connection with their places of business within the state or a state contiguous thereto so long as they remain REALTOR® Members in good standing.  No other class of Members shall have this privilege.

 

Section 3.  A REALTOR® Member who is a principal of a real estate firm, partnership, or corporation may use the terms REALTOR® and REALTORS® only if all the principals of such firm, partnership, or corporation who are actively engaged in the real estate profession within the state or a state contiguous thereto are REALTOR® Members of the Board or Institute Affiliate Members as described in Section 1(b) of Article IV.

 

(A) In the case of a REALTOR® member who is a principal of a real estate firm, partnership, or corporation whose business activity is substantially all commercial, the right to use the term REALTOR® or REALTORS® shall be limited to office locations in which a principal, partner, corporate 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 4.  Institute Affiliate Members shall not use the terms REALTOR® or REALTORS®, nor the imprint of the emblem seal of the NATIONAL ASSOCIATION OF REALTORS®.

 

ARTICLE IX - STATE AND NATIONAL MEMBERSHIP

 

Section 1.  The Association shall be a Member of the NATIONAL ASSOCIATION OF REALTORS® and the Utah Association of REALTORS®.  By reason of the Associations Membership, each REALTOR® Member of the Member Board shall be entitled to membership in the NATIONAL ASSOCIATION OF REALTORS® and the Utah Association of REALTORS® without further payment of dues.  The 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 term of REALTOR® and REALTORS®.  The Associatiion shall discontinue use of the terms in any form in its name, upon ceasing to be a Member of the National Association, or upon a determination by the Board of Directors of the National Association that it has violated the conditions imposed upon the terms.

 

Section 3.  The 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 Utah Association of REALTORS®.

 

ARTICLE X - DUES AND ASSESSMENTS AND OTHER FINANCIAL OBLIGATIONS

 

Section 1.  Application Fee.  The Board of Directors may adopt an application fee for REALTOR® Membership in reasonable amount, not exceeding three times the amount of the annual dues for REALTOR® Membership, which shall be required to accompany each application for REALTOR® Membership and which shall become the property of the Board upon final approval of the application.

 

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

 

(A) REALTOR® Members.  The annual dues of each Designated REALTOR® Member shall be in such amount as 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 REALTOR® Member, and (2) are not REALTOR® Members of any Board in the state or a state contiguous thereto or Institute Affiliate Members of the Board.  In calculating the dues payable to the Board by a Designated REALTOR® Member, non-member licensees as defined in Section 2(a) (1) and (2) of this Article shall not be included in the computation of dues if the DR has paid dues based on said non-member licensees in another Board in the state or a state contiguous thereto, provided the Designated REALTOR® notifies the Board in writing of the identity of the Board to which dues have been remitted.  In the case of a Designated REALTOR® member in a firm, partnership, or corporation whose business activity is substantially all commercial, any assessments for non-member licensees shall be limited to licensees affiliated with the Designated REALTOR® (as defined in (1) and (2) of this paragraph) in the office where the Designated REALTOR® holds membership, and any other offices of the firm located within the jurisdiction of this board.*

 

(1) For the purpose of this Section, a REALTOR® Member of a Member Board shall be held to be any Member who has a place or places of business within the state or a state contiguous thereto and who, as a principal, partner, corporate officer, or branch office manager of a real estate firm, Partnership, or corporation, is actively engaged in the real estate profession as defined in Article III, Section 1, of the Constitution of the NATIONAL ASSOCIATION OF REALTORS®.  An individual shall be deemed to be licensed with a REALTOR® if the license of the individual is held by the REALTOR®, or by any broker who is licensed with the REALTOR®, or by any entity in which the REALTOR® has a direct or indirect ownership interest and which is engaged in other aspects of the real estate business (except as provided for in Section 2 (a) (1) hereof) provided that such licensee is not otherwise included in the computation of dues payable by the principal, partner, 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 the purposes of this Section and shall not be included in calculating the annual dues of the Designated REALTOR®.

 

Membership dues shall be prorated for any licensee included on a certification form submitted to the association who during the same calendar year applies for REALTOR® membership in the association.  However, membership dues shall not be prorated if the licensee held REALTOR® membership during the preceding calendar year.

 

(B) REALTOR® Members.  The annual dues of REALTOR® Members other than the Designated REALTOR® shall be in such amount as established annually by the Board of Directors.

 

(C) Institute Affiliate Members.  The annual dues of each Institute Affiliate Member shall be in such amount as established in Article II of the Bylaws of the NATIONAL ASSOCIATION OF REALTORS®.

 

NOTE:  The Institutes, Societies and councils of the National Association shall be responsible for collecting and remitting dues to the National Association for Institute Affiliate Members ($75.00).  The National Association shall credit $25.00 to the account of a local association for each Institute Affiliate Member whose office address is within the assigned territorial jurisdiction of that association, provided, however, if the office location is also within the territorial jurisdiction of a Commercial Overlay Board (COB), the $25.00 amount will be credited to the COB, unless the Institute Affiliate Member directs that the dues be distributed to the other board.  The National Association shall also credit $25.00 to the account of state associations for each Institute Affiliate Member whose office address is 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 my voluntarily subscribe.

 

(D) Affiliate Members.  The annual dues of each Affiliate Member shall be in such amount as established annually by the Board of Directors.

 

(E) Public Service Members. The annual dues of each Public Service Member shall be in such amount as established annually by the Board of Directors.

 

(F) Honorary Members. Dues payable, if any, shall be in such amount as established annually by the Board of Directors.

 

(G) Student Members.  Dues payable, if any, shall be in such amount as established annually by the Board of Directors.

 

Section 3.  Dues Payable.  Local Association Dues for all Members shall be payable annually in advance on the first day of July.  State and National Dues for all Members shall be payable annually in advance on the first day of January.  Dues for new members shall be computed from the date of application and granting of provisional membership.

 

(A) In the event a sales licensee or licensed or certified appraiser who holds REALTOR® Membership is dropped for nonpayment of Board dues, and the licensee remains with the designated REALTOR®’s firm, the dues obligation of the “designated” REALTOR® (as set forth in Article X, Section 2, a) will be increased to reflect the addition of a non-Member licensee.  Dues shall be calculated from the first day of the current fiscal year and are payable within 30 days of the notice of termination.

 

Section 4.  Nonpayment of Financial Obligations.  If dues, fees, fines, assessments or other amounts owed to the Board are not paid within one (1) month after the due date, membership of the nonpaying member shall be automatically terminated and all services cease.  A former Member who has had his/her membership terminated for nonpayment of dues, fees, fines, or other assessments duly levied in accordance with the provision of these Bylaws or the provisions of other Policies and Procedures of the Board 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.  See Policy and Procedures Section XII for late payment policy.

 

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

 

Section 6.  Expenditures.  The Board of Directors shall administer the day to day finances of the Board. Expenditures in excess of $2,000.00 may not be made unless authorized by two-thirds majority of a General Membership quorum (as defined in Article XII Section 5.)   Absentee ballots are allowed for members that are out-of-town, ill or have special approval from the Board president.

 

Section 7.  Notice of Dues, Fees, Fines, Assessments, or Other Financial Obligations of Members.  All dues, fees, fines, assessments, or other financial obligations to the Board 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.

 

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

 

ARTICLE XI - OFFICERS AND DIRECTORS

 

Section 1.  Officers.  There shall be three (3) one-year term officers: President, President-Elect, and Secretary/Treasurer.  The President-Elect, then the Secretary/Treasurer shall automatically succeed the President upon resignation, incapacitation or removal.  Succession of the President-Elect to the Presidency shall be automatic at the end of the President’s term unless such succession is challenged for cause by a two-thirds majority of REALTOR® Members eligible to vote.  Such challenge shall be in writing to the Board of Directors, and shall clearly state the cause for challenge and shall bear the signatures of all Board Members participating in the challenge.  Such challenge must be presented at least two (2) months prior to the date of the annual election.  The President-Elect shall be informed of the challenge and cause, and shall be afforded an opportunity to respond.  The Board of Directors shall consider the challenge and response and shall render a decision within one week after receiving the response to the challenge.  The decision of the Board of Directors shall be final, and not subject to appeal.

 

Section 2.  Organization.  The office of President-Elect shall be limited to licensed REALTORS®, Branch Managers, Licensed Office Managers, or a REALTOR® Member who has held a position on the Board of Directors for a term of one (1) year and has been a REALTOR® Member for a term of two (2) years or more and is a member in good standing.  See definition of “a member in good standing in the Board’s Policies and Procedures Manual. 

All Officers shall also have REALTOR® Member status for the term of the office.  In the event that the President is unable or unwilling to fulfill the duties and responsibilities, such duties shall revert to the President-Elect.

 

Section 3.  Duties of Officers.  The duties of the officers shall be such as their titles, by general usage, would indicate and such as may be assigned to them by the Board of Directors.  It shall be the particular duty of the Executive Officer to keep the records of the Board and to carry on all necessary correspondence with the NATIONAL ASSOCIATION OF REALTORS® and the Utah Association of REALTORS®.

 

Section 4.   Board of Directors.  The governing body of the Board shall be a Board of Directors consisting of the elective Officers, six (6) REALTOR® Members, the President-Elect and the immediate Past President.  Directors shall be elected to serve for staggered terms of two (2) years.  Thereafter, as many Directors shall be elected each year as are required to fill vacancies. 

 

Section 5.  Election of Officers and Directors.

 

  1.  At least two (2) months before the annual election, a nominating committee of at least three (3) REALTOR® Members shall be appointed by the President with the approval of the Board of Directors.  The nominating committee shall compile a ballot of two (2) or more candidates for the office of President-Elect, two (2) or more candidates for Secretary/Treasurer, and two (2) or more candidates for each director position to be filled on the Board.  No more than three (3) candidates from any single brokerage may run for positions on the Board of Directors.  The results of the nominating committee shall be mailed or emailed to each REALTOR® Member at least three (3) weeks preceding the election.  Additional candidates for the offices of President-Elect and Secretary/Treasurer may be placed in nomination by a petition signed by at least 20% of the REALTOR® Members eligible to vote.  Additional candidates for the office of President-Elect can be nominated by the nominating committee and/or a petition by 20% of REALTOR® Members eligible to vote only in the event of a successful challenge to the succession of the incumbent President-Elect.  Additional candidates for the offices to be filled may be placed in nomination by a petition signed by at least twenty (20%) percent of the REALTOR® Members.  The petition shall be filed with the Executive Officer at least two (2) weeks before the election.  The Executive Officer shall send notice of such additional nominations to all REALTOR® Members before the election.

 

(B) The election ballot of the Officers and Directors shall contain the names of all candidates and the offices for which they are nominated.  Where permitted by state law, and in accordance with applicable state requirements, election of officers may be conducted by electronic means, in accordance with procedures established by the board of directors.

 

(C) The President, with the approval of the Board of Directors, shall appoint an election committee of three (3) REALTOR® Members to conduct the election.  In case of a tie vote, the issue shall be determined by lot.

 

Section 6.  Vacancies.  Vacancies among the Officers and the Board of Directors shall be filled by special election with a three (3) week notice to the membership until the end of the vacated position’s term of service.  A nominating committee must convene to determine the ballot.  A vacancy in the Immediate Past-President’s position shall be filled by a member who previously held the Past-President’s position through a special election with a three (3) week notice to the membership until the end of the vacated position’s term of service.

 

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

 

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

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

 

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

 

Section 8. Indemnification.  Every officer, director and Board staff member shall be indemnified by the Board against all expenses and liabilities, including counsel fees, reasonably incurred or imposed upon such individual in conjunction with any proceeding to which that individual may have been made a party or in which that individual may become involved by reason of being or having been an officer, director or Board staff member, or any settlement thereof, whether or not the individual is still an officer, director or Board staff member at the time such expenses are incurred, except in such cases wherein the individual is adjudged guilty of willful misfeasance or malfeasance in the performance of their duties or shall have acted in such a manner as has exceeded such individual’s authority so to act.  The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such individual may be entitled.

 

Section 9.  Chief Staff Executive.  There shall be a chief staff executive, appointed by the Board of Directors, who shall be the chief administrative officer of the association.  The chief staff executive shall have the authority to supervise and evaluate other staff, if any, and shall perform such other duties as prescribed by the Board of Directors.

 

ARTICLE XII - MEETINGS

 

Section 1.  Annual Meetings.  The annual meeting of the Board shall be held during September of each year, the date, place, and hour to be designated by the Board of Directors.

 

Section 2.  Meetings of Directors.  The Board of Directors shall designate a regular time and place of meeting.  Absence from two (2) meetings without an excuse deemed valid by the Board of Directors shall be construed as resignation therefrom.

 

Section 3.  Other Meetings.  Meetings of the Members may be held at such other times as the President or the Board of Directors may determine, or upon the written request of at least twenty (20%) percent of the REALTOR® Members.

 

Section 4.  Notice of Meetings.  Written notice shall be given to every Member entitled to participate in the meeting at least one (1) week preceding all meetings.  If a special meeting should be called, it shall be accompanied by a statement of the purpose of the meeting.

 

Section 5.  Quorum.  A quorum for the transaction of business shall consist of twenty (20%) percent of the REALTOR® Members eligible to vote.  To do business the Board of Directors will need fifty (50%) percent of the voting Members present at a duly called meeting.

 

ARTICLE XIII - FISCAL AND ELECTIVE YEAR

 

Section 1.  The elective year of the Board shall begin as of the first day of January.  The fiscal year shall begin as of the first day of January.

 

 

ARTICLE XIV - RULES OF ORDER

 

Section 1.  Robert’s Rules of Order, latest edition, shall be recognized as the authority governing the meetings of the Association, its Board of Directors, and committees, in all instances wherein its provisions do not conflict with these Bylaws.

ARTICLE XV - AMENDMENTS

 

Section 1.  These Bylaws may be amended by the majority vote of the Members present and qualified to vote at any meeting at which a quorum is present, provided the substance of such proposed amendment or amendments shall be plainly stated in the call for the meeting, except that the Board of Directors may, at any regular or special meeting of the Board of Directors at which a quorum is present, approve amendments to the Bylaws which are mandated by NAR Policy.

 

Section 2.  Notice by mail or email of all meetings at which such amendments are to be considered shall be given every REALTOR® Member at least one (1) week prior to the time of the meeting.

 

Section 3.  Amendments to these Bylaws affecting the admission or qualification of REALTOR® and Institute Affiliate Members, the use of the terms REALTOR® or REALTORS®, or any alteration in the territorial jurisdiction of the Board shall become effective upon their approval as authorized by the Board of Directors of the NATIONAL ASSOCIATION OF REALTORS®.

 

ARTICLE XVI - DISSOLUTION

 

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

 

ARTICLE XVII – ANTITRUST COMPLIANCE

 

Section 1. Policy. It is the undeviating policy of the Association to comply strictly with the letter and spirit of all federal, state, and applicable international trade regulations and antitrust laws.  Any activities of the Association or Association-related actions of its staff, officers, directors, or members that violate these regulations and laws are detrimental to the interests of the Association and are unequivocally contrary to Association policy.

 

Section 2. Antitrust Compliance Statement

The following Antitrust Compliance statement is to be read at all meetings.

 

The Tooele CountyAssociation of REALTORS® (TCAR) and its officers, directors, employees, and committees fully support and intend to comply with all applicable federal and state antitrust laws and shall not engage in any anti-competitive conduct or practice, nor allow the TCBR to be used by any member or committee for any anti-competitive effect, including but not limited to the following kinds of prohibited conduct:

 

  1. Any discussion or effort to directly or indirectly fix, peg, raise, lower, control, recommend, suggest, or maintain brokers’ commissions or commission splits on the sale of real estate.
  2. Any contract, combination, conspiracy, discussion, or effort to divide or allocate real estate markets to customers.
  3. Any discussion or effort to disparage or injure anyone’s business or trade.

 

Minutes should be kept of all business of the directors, the Executive Committee, and standing committees, which accurately summarize the action taken at the meeting.  For maximum protection, the officer in charge should review the minutes to ensure that language used is not subject to misinterpretation.