Sunapee Region Board of REALTORS^®

Bylaws of the

Sunapee Region Board of REALTORSÒ, Inc.

(Amended date: March 2003, January 2006, April 2007, May 2010)

ARTICLE I – NAME

 

Section 1. Name. The name of this organization shall be the Sunapee Region Board of REALTORSÒ, Incorporated, hereinafter referred to as the “association”.

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

ARTICLE II – OBJECTIVES

 

The objectives of the Association are:

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

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

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 New Hampshire Association of REALTORSÒ, and the NATIONAL ASSOCIATION OF REALTORSÒ, 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 term REALTORÒ and REALTORSÒ as licensed, prescribed, and controlled by the NATIONAL ASSOCIATION OF REALTORSÒ.

ARTICLE III – JURISDICTION

 

Section 1. The territorial jurisdiction of the Association as a Member of the NATIONAL ASSOCIATION OF REALTORSÒ shall include the townships of Bradford, Croydon, Goshen, Grantham, Lempster, Newbury, New London, Newport, Springfield, Sunapee, Sutton, Washington, and Wilmot.

Section 2. Territorial jurisdiction is defined to mean:

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

ARTICLE IV – MEMBERSHIP

 

Section 1. There shall be seven (7) classes of members, as follows:

(a) REALTORÒ Members. REALTORÒ Members, whether primary or secondary shall be:

(1) Individuals who, as sole-proprietors, partners, or corporate officers, or branch office managers, are actively engaged 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 New Hampshire or a state contiguous thereto. All persons actively engaged in the real estate profession within New Hampshire shall qualify for REALTORÒ Membership only, and each is required to hold REALTORÒ Membership (except as provided in the following paragraph) in a Association of REALTORSÒ within the state or 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, or those principals actively engaged in the real estate business in connection with the same office, or any other offices within the jurisdiction of the association in which one of the firm’s principals holds REALTORÒ membership, shall be required to hold REALTORÒ membership unless otherwise qualified for Institute Affiliate Membership as described in Section 1 (b) of Article IV.  (Amended 1/01)

NOTE: REALTOR® Members may obtain membership in a “secondary” Association 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 REALTORÒ 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 association 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 association, state association and National Association.

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

(5) Designated REALTORÒ Members. Each firm (or office in the case of firms with multiple office locations) shall designate in writing one REALTORÒ 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 Association dues as established in Article X of the Bylaws. The “Designated REALTORÒ” 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 REALTORÒ Membership established in Article V, Section 2, of the Bylaws.

(b) Institute Affiliate Members.  Institute Affiliate members shall be individuals who hold a professional designation awarded by a qualified Institute, Society, or Council affiliated with the NATIONAL ASSOCIATION OF REALTORSÒ 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 REALTORÒ membership, subject to payment of applicable dues for such membership. (Amended 1/02)

(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 Association. 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 association, 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 associations 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 Association, or for the public.

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

(g) Member- at- Large. The President of the New Hampshire Association of REALTORSÒ shall be a member-at-large in good standing, for the purpose of representing the Association, in the absence of the Association president or a designated representative of the Association, as a voting delegate at the NATIONAL ASSOCIATION OF REALTORSÒ Delegate Meetings. All local Association dues, if the President is not a member of the Association, shall be waived.

ARTICLE V – QUALIFICATION AND ELECTION

 

Section 1. Application

(a) An application for membership shall be made within 14 days of being hired by a REALTORÒ Member 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 themselves with the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORSÒ, the Constitutions, 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 REALTORÒ Member will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORSÒ 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 REALTORSÒ, as from time to time amended, and (2) that applicant consents that the Association, through its Membership Committee or otherwise, shall invite the applicant and the applicant’s Designated REALTORÒ  to appear before the Association, and that applicant agrees that any information and comment furnished to the Association by applicant or any other person in response to the invitation shall be conclusively deemed to be privileged and not form the basis of any action for slander, libel, or defamation of character. The applicant shall, with the form of application, have access to a copy of the Bylaws, Constitution, Rules and Regulations, and Code of Ethics referred to above.

Section 2. Qualification

 

(a) An applicant for REALTORÒ Membership who is a sole proprietor, partner, corporate officer, or branch manager of a real estate firm shall supply evidence satisfactory to the Association through its Membership Committee or otherwise 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 with 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 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 REALTORSÒ, and shall pass such reasonable and nondiscriminatory  written examination thereon as may be required by the Committee, and shall agree that if elected to membership, he will abide by such Constitution, Bylaws, Rules and Regulations, and Code of Ethics.

* 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, 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 Association 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 Association and MLS fees for up to one (1) year from the date that membership is approved or from the date that the applicant is discharged from bankruptcy (whichever is later). In the event that an existing member initiates bankruptcy proceedings, the member may be placed on a “cash basis” from the date that bankruptcy is initiated until one (1) year from the date that the member has been discharged from bankruptcy.

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

1. Judgments within the past three (3) years of violations of (1) civil rights laws; (2) real estate license laws; (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities.(Adopted 1/05)
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 (Amended 5/07)

 

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 Association’s discretion. However, Associations 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 Associations from knowingly granting REALTOR® membership to any applicant who has an unfulfilled sanction pending which was imposed by another Association or Association of REALTORS® for violation of the Code of Ethics. (Adopted 1/01)

(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 REALTORÒ Membership, shall at the time of application, be associated either as an employee or as an independent contractor with a Designated REALTORÒ Member of the Association or a Designated REALTORÒ Member or another Association (if secondary member) and must maintain a current, valid real estate broker’s or salesperson’s license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, shall complete a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORSÒ and shall pass such reasonable and nondiscriminatory written examinations thereon as may be required by the Membership Committee and shall agree in writing that if elected to membership he will abide by such Constitution, Bylaws, Rules and Regulations and the Code of Ethics. (Amended 05/07)

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

1. Judgments within the past three (3) years of violations of (1) civil rights laws; (2) real estate license laws; (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities.
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 (Amended 5/07)

 

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

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

2. Pending ethics complaints (or hearings)

3. Unsatisfied discipline pending

4. Pending arbitration requests (or hearings)

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

6. Any misuse of the term REALTOR® or REALTORS® in the name of the applicant’s firm. (Amended 06/2006)

“Provisional” membership may be granted in instances where ethics complaints or arbitration requests (or hearings) are pending in other associations or where the applicant for membership has unsatisfied discipline pending in another association (except for violations of the Code of Ethics; See Article V, Section 2(a) NOTE 2) provided all other qualifications for membership have been satisfied. Associations may reconsider the membership status of such individuals when all pending ethics and arbitration matters (and related discipline) have been resolved or if such matters are not resolved within six months from the date that provisional membership is approved. Provisional members shall be considered REALTORS® and shall be subject to all of the same privileges and obligations of REALTOR® membership. If a member resigns from another association with an ethics complaint or arbitration request pending, the association may condition membership on the applicant’s certification that he/she will submit to the pending ethics or arbitration proceeding (in accordance with the established procedures of the association to which the applicant has made application) and will abide by the decision of the hearing panel. (Amended 1/01)

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 Board of Directors. If the Board of Directors 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 to include:

1)      Completion of a State Orientation Program offered by the New Hampshire Association of REALTORSÒ as defined in Section 4, within ninety (90) days of the date of application (or, alternatively, the date that provisional membership was granted), and

2)      Completion of mandatory Local Orientation Program within ninety (90) days from the date of the association’s receipt of application, membership may, at the discretion of the Board of Directors, be terminated.  (Adopted 09/09/05)

3)      The applicant must complete all other required training within the timeframe allotted and be sworn in at a regularly scheduled membership meeting within 120 days of being elected.

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

(c) The Board of Directors may not terminate any provisional membership without providing the provisional member with advance notice, an opportunity to appear before the Board of Directors, to call witnesses on his behalf, to be represented by counsel, and to make such statements as he deems relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it or may electronically or mechanically record the proceedings.

(d) If the Board of Directors determines that provisional membership should be terminated, it shall record its reasons with the Chief Staff 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 Association for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the termination violates no rights of the individual.

Section 4. New Member Code of Ethics Orientation

 

Applicants for REALTORÒ membership and provisional REALTORÒ members (where applicable) shall complete both local and state orientation programs to include an orientation program on the Code of Ethics of not less than two hours and thirty minutes of instructional time. This requirement does not apply to applicants for REALTORÒ membership or provisional members who have completed comparable orientation in another association, provided that REALTORÒ membership has been continuous, or that any break in membership is for one year or less.

Failure to satisfy this requirement within ninety (90) days of the date of application (or, alternatively, the date that provisional membership was granted) will result in denial of the membership application or termination of provisional membership.

 

NOTE: Orientation programs must meet the learning objectives and minimum criteria established from time to time by the NATIONAL ASSOCIATION OF REALTORSÒ (Adopted 1/01)

Section 5. Continuing Member Code of Ethics Training

 

Effective January 1, 2001, through December 31, 2004, and for successive four year periods thereafter, each REALTORÒ  member of the association shall be required to complete quadrennial ethics training of not less than two hours and thirty 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 REALTORSÒ, the NATIONAL ASSOCIATION OF REALTORSÒ, or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the NATIONAL ASSOCIATION OF REALTORSÒ  from time to time. REALTORÒ members who have completed training as a requirement of membership in another association and REALTORÒ  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 meet the requirement 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. (Adopted 1/01, revised 5/05, Amended 11/08)

Section 6. Status Changes

(a) A REALTORÒ who changes the conditions under which he holds membership shall be required to provide written notification to the Association within fourteen (14) days. A REALTORÒ (non-principal) who becomes a principal in the new firm with which he has been licensed or, alternatively, becomes a principal in a new firm which will be comprised of REALTORÒ principals may be required to satisfy any previously unsatisfied membership requirements applicable to REALTORÒ (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 REALTORÒ (principal). If the REALTORÒ (non-principal) does not satisfy the requirement 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 of status, their new membership application will terminate automatically unless otherwise so directed by the Board of Directors.

A REALTORÒ who is transferring his license from one firm comprised of REALTORÒ principals to another firm comprised of REALTORÒ 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 thirty (30) days of the date the association is advised of the disaffiliation with the current firm, membership 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.

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

(c) Dues shall be prorated from the first day of the month in which the member is notified of election by the Board of Directors and shall be based on the new membership status for the remainder of the year.

ARTICLE VI – PRIVILEGES AND OBLIGATIONS

 

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

Section 2. Any Member of the 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 consistent with these Bylaws, after a hearing as provided in the Code of Ethics and Arbitration Manual of the Association. Although Members other than REALTORSÒ 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 REALTORSÒ and conduct their business and professional practices accordingly. Further, Members other than REALTORSÒ may, upon recommendation of the Membership Committee, or upon recommendation by a hearing panel of the Professional Standards Committee, be subject to discipline as described above, for any conduct, which in the opinion of the Board of Directors, applied on a nondiscriminatory basis, reflects adversely on the terms REALTORÒ or REALTORSÒ, 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 REALTORSÒ.

Section 3. Any REALTORÒ 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 ASSOCATION OF REALTORSÒ as set forth in the Code of Ethics and Arbitration Manual of the National Association.

Section 4. Resignations of Members shall become effective when received in writing by the Board of Directors, provided, however, that if any Member submitting the resignation is indebted to the Association for dues, fees, fines, or other assessments of the Association or any of its services, departments, divisions, or subsidiaries, the Association may condition the right of the resigning Member to reapply for membership upon payment in full of all such monies owed.

Section 5. If a Member resigns from the Association or otherwise causes membership to terminate with an ethics complaint pending, the Board of Directors may condition the right of the resigning Member to reapply for membership upon the applicant’s certification that he 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 REALTORÒ.

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

(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 REALTORÒ or REALTORSÒ in connection with its business during the period of suspension, or until readmission to REALTORÒ 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 REALTORSÒ other than principals who are employed by or affiliated as independent contractors with the disciplined Member shall suspend or terminate during the period of suspension 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 REALTORÒ Member (non-principal) elects to sever his connection with the REALTORÒ and affiliate with another REALTORÒ Member in good standing in the Association, whichever may apply.

If a REALTORÒ Member who is other than a principal in a firm, partnership, or corporation is suspended or expelled, the use of the terms REALTORÒ or REALTORSÒ by the firm, partnership, or corporation shall not be affected.

(b) In any action taken against a REALTORÒ Member for suspension or expulsion under Section 6 (a) hereof, notice of such action shall be given to all REALTORSÒ employed by or affiliated as independent contractors with such REALTORÒ 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 REALTORSÒ.

NOTE: Local associations establish the rights and privileges to be conferred on Institute Affiliate Members except that no Institute Affiliate Member may be granted the right to use the term REALTORÒ, or the REALTORÒ logo; to serve as President of the local association; or to be a Participant in the local association’s Multiple Listing Service. (Amended 1/02)

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 prescribed by the Board of Directors.

Section 12. Certification by REALTORÒ. “Designated” REALTORÒ Members of the Association shall certify to the Association during the month of January on a form provided by the Association, a complete listing of all individuals licensed or certified in the REALTORÒ’S office(s) and shall designate a primary Association for each individual who holds membership. Designated REALTORSÒ shall also identify any non-member licensees in the REALTORÒ’s office(s) and if Designated REALTORÒ dues have been paid to another Association based on said non-member licensees, the Designated REALTORÒ shall identify the Association to which dues have been remitted. These declarations shall be used for purposes of calculating dues under Article X, Section 2 (a) of the Bylaws. “Designated” REALTORÒ Members shall also notify the Association of any additional individual(s) licensed or certified with the firm(s) within fourteen (14) 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 MLS employee or Association Officer or Director after an investigation in accordance with the established 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 of effect of unreasonably interfering with an individual’s work performance by creating a hostile, intimidating or offensive work environment. The decision of the appropriate disciplinary action to be taken shall be made by the investigatory team comprised of the President, and President-elect and/or Vice President and one member of the Board of Directors selected by the highest ranking officer not named in the complaint, upon consultation with 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, President-Elect or Vice President, they may not participate in the proceeding 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. (Amended 5/09)

NOTE: Suggested procedures for processing complaints of harassment are available online through http://www.REALTOR.org, or from the Member Policy Department. (Amended 5/08)

ARTICLE VII – PROFESSIONAL STANDARDS AND ARBITRATION

 

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 Association, as from time to time amended, which by this reference is made a part of these Bylaws, provided however, that any provision deemed inconsistent with state law shall be deleted or amended to comply with the state law.

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

Section 3. The responsibility of the Association and Association 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 Association, which by this reference is made a part of these Bylaws. 

(Tri-board agreement – Greater Claremont, Sunapee Region and Upper Valley (Hanover Lebanon) Associations 1/1/97)

Section 3-a. The Association hereby adopts the optional Mediation procedures and the optional Escrow of Award procedures as set forth in the Code of Ethics and Arbitration Manual of the National Association of REALTORS®, and as from time to time amended.

ARTICLE VIII – USE OF THE TERMS REALTORÒ AND REALTORSÒ

 

Section 1. Use of the terms REALTORÒ and REALTORSÒ by Members shall, at all times, be subject to the provisions of the constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORSÒ and to the Rules and Regulations prescribed by its Board of Directors. The Association shall have the authority to control, jointly and in full cooperation with the NATIONAL ASSOCIATION OF REALTORSÒ, use of the terms within its jurisdiction.  Any misuse of the terms by members is a violation of a membership duty and may subject members to disciplinary action by the Board of Directors after a hearing as provided for in the association’s Code of Ethics and Arbitration Manual. (Amended 06/2006)

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

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

(a) In the case of a REALTORÒ  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 REALTORÒ  or REALTORSÒ shall be limited to office locations in which a principal, partner, corporate officer, or branch office manager of the firm, partnership, or corporation holds REALTORÒ  membership. If a firm, partnership, or corporation operates additional places of business in which no principal, partner, corporate officer, or branch office manager holds REALTORÒ  membership, the term REALTORÒ or REALTORSÒ  may not be used in any reference to those additional places of business. (Amended 1/01)

Section 4. Institute Affiliate Members shall not use the terms REALTORÒ or REALTORSÒ, nor the imprint of the emblem seal of the NATIONAL ASSOCIATION OF REALTORSÒ.

ARTICLE IX – STATE AND NATIONAL MEMBERSHIPS

 

Section 1. The Association shall be a Member of the NATIONAL ASSOCIATION OF REALTORSÒ and the New Hampshire Association of REALTORSÒ. By reason of the Association’s Membership, each REALTORÒ Member of the Member Association shall be entitled to membership in the NATIONAL ASSOCIATION OF REALTORSÒ and the New Hampshire Association of REALTORSÒ 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 REALTORÒ 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 REALTORSÒ in the terms REALTORÒ and REALTORSÒ. The Association shall discontinue use of the terms in any form in its name, upon ceasing to be a member of the National Association, or upon 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 REALTORSÒ and agrees to enforce the Code among its REALTORÒ 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 New Hampshire Association of REALTORSÒ.

ARTICLE X – DUES AND ASSESSMENTS

 

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

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

(a) REALTORÒ Members. The annual dues of each Designated REALTORÒ 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 and certified appraisers who (1) are employed by or affiliated as independent contractors, or who are otherwise directly or indirectly licensed with such REALTORÒ Member, and (2) are not REALTORÒ Members of any Association in the state or a state contiguous thereto or Institute Affiliate Members of the Association. In calculating the dues payable to the Association by a Designated REALTORÒ 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 Association in the state, provided the DR notifies the Association in writing of the identity of the Association to which dues have been remitted. In the case of a Designated REALTOR® Member in a firm, partnership, or corporation whose business activity is substantially all commercial, any assessments for non-member licensees shall be limited to licensees affiliated with the Designated REALTOR® (as defined in (1) and (2) of this paragraph) in the office where the Designated REALTOR® holds membership, and any other offices of the firm located within the jurisdiction of this association.  (Amended 1/01)

(1) For the purpose of this Section, a REALTORÒ Member of a Member Association 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 REALTORSÒ. An individual shall be deemed to be licensed with a REALTORÒ if the license of the individual is held by the REALTORÒ, or by any broker who is licensed with the REALTORÒ, or by any entity in which the REALTORÒ has a direct or indirect ownership interest provided that such licensee is not otherwise included in the computation of dues payable by the principal, partner, or corporate officer or branch office manager of the entity.

A REALTOR® with a direct or indirect ownership interest in an entity engaged exclusively in soliciting and/or referring clients and customers to the REALTOR® for consideration on a substantially exclusive basis shall annually file with the 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, renting, managing, counseling or appraising real property. The individuals disclosed on such form shall not be deemed to be licensed with the REALTOR® filing the form for purposes of this Section and shall not be included in calculating the annual dues of the Designated REALTOR®.

The exemption for any licensee included on the certification form shall automatically be revoked upon the individual being engaged in real estate licensed activities (listing, selling, leasing, renting, managing, counseling, or appraising real property) other than referrals, and dues for the current fiscal year shall be payable.

Membership dues shall be prorated for any licensee included on a certification form submitted to the association who during the same calendar year applies for REALTOR® or REALTOR®-Associate membership in the association. However, membership dues shall not be prorated if the licensee held REALTOR® or REALTOR®-Associate membership during the preceding calendar year. (Amended 11/09)

(b) REALTORÒ Members.  The annual dues of REALTOR Members other than the Designated REALTORÒ shall be as established annually by the Board of Directors. (Amended 1/05)

(c) Institute Affiliate Members.  The annual dues of each Institute Affiliate Member shall be as established in Article II of the Bylaws of the NATIONAL ASSOCIATION OF REALTORSÒ.

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 Association (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 association.  The National Association shall also credit $25.00 to the account of state associations for each Institute Affiliate Member whose office is located within the territorial jurisdiction of the state association.  Local and state associations may not establish any additional entrance, initiation fees or dues for Institute Affiliate Members, but may provide service packages to which Institute Affiliate Members may voluntarily subscribe. (Amended 1/02)

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

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

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

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

(h) Member-At-Large.  Dues payable, if any, shall be at the discretion of the Board of Directors.

Section 3. Dues Payable. Dues for all members shall be payable annually in advance on the first day of January. Annual dues received after January 15 will be assessed a late fee per individual member, an additional late fee if later than February 1. Dues shall be computed from the first day of the quarter in which a Member applies for Membership and shall be prorated for the remainder of the year. 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 REALTORÒ membership is dropped for nonpayment of Association dues, and the individual remains with the designated REALTORÒ’s firm, the dues obligation of the “designated” REALTORÒ (as set forth in Article X, Section 2, (a) will be increased to reflect the addition of a non-member licensee. Dues shall be calculated from the first day of the current fiscal year and are payable within 30 days of the notice of termination.

Section 4. Nonpayment of Financial Obligations. If dues, fees, fines, or other assessments including amounts owed to the association or the Association’s Multiple Listing Service are not paid within one (1) month after the due date, the non-paying Member is subject to suspension at the discretion of the Board of Directors. Two (2) months after the due date, membership of the non-paying Member may be terminated at the discretion of the Board of Directors. Three (3) months after the due date, membership of the non-paying Member shall automatically terminate unless within that time the amount due is paid. However, no action shall be taken to suspend or expel a Member for nonpayment of disputed amounts until the accuracy of the amount owed has been confirmed by the Board of Directors. A former Member who has had his membership terminated for nonpayment of dues, fees, fines, or other assessments duly levied in accordance with the provisions of these Bylaws or the provisions of other Rules and Regulations of the Association or any of its services, department, divisions or subsidiaries may apply for reinstatement in a manner prescribed for new applicants for membership, after making payment in full of all accounts due as of the date of termination.

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

Section 6. Expenditures. The Board of Directors shall administer the day-to-day finances of the Association. Capital expenditures in excess of $1,000 (two signatures required on checks written in excess of $500) may not be made unless authorized by a majority vote of the membership at any meeting where a quorum is present (25% of the members eligible to vote).

Section 7.  Notice of Dues, Fees, Fines, Assessments, and Other Financial Obligations of Members.  All dues, fees, fines, assessments, or other financial obligations to the Association or Association Multiple Listing Service shall be noticed to the delinquent Association Member in writing setting forth the amount owed and due date. 

Section 8.  The dues of REALTORÒ Members who are REALTORÒ 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 Association’s dues obligation to the National Association is reduced by an amount equal to the amount which the Association 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 Association. The dues obligation of such individuals to the local Association should be reduced to reflect the reduction in the Association’s dues obligation to the National Association. The Association may, at its option, choose to have no dues requirement for such individuals except as may be required to meet the Association’s obligation to the State Association with respect to such individuals. Member Associations 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 Association with respect to those licensees employed by or affiliated with the “designated” REALTOR® who are not Members of the local Association.

ARTICLE XI – OFFICERS AND DIRECTORS

 

Section 1. Officers. The elected officers of the Association shall be a President, a Vice President, a Secretary, and a Treasurer. The Secretary and Treasurer may be the same person. They shall be elected for terms of one year.

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

Section 3. Board of Directors. The governing body of the Association shall be a Board of Directors consisting of the elected officers and at least five REALTORÒ Members of the Association. Directors shall be elected to serve for a term of three years, except that at organization, one-third of the elected Directors shall be elected for terms of one, two, and three years, respectively, or for less terms as may be necessary to complete the first fiscal year. Thereafter, as many Directors shall be elected each year as required to fill vacancies.

The governing body of the Association shall be a Board of Directors consisting of the elected officers, the immediate Past President of the Association, the State Director, the NNEREN Director and five (5) other REALTOR® members of the Association who shall be known as the Local Directors. All Officers and Directors shall be elected for a term of one year and are eligible for re-election of the Association.  The immediate Past President and the State Director may be the same person.

 

Section 4. State Director.  In accordance with the Bylaws of the New Hampshire Association of REALTORS®, there shall be a State Director who in addition to the President will represent the Association on the Board of Directors of the State Association.  The State Director shall be elected for a term of one year. 

Section 5. Election of Officers and Directors.

(a) At least two (2) months before the annual election a Nominating Committee of at least three REALTORÒ Members shall be appointed by the President with the approval of the Board of Directors. The Nominating Committee shall select one candidate for each office and one candidate for each place to be filled on the Board of Directors. The report of the Nominating Committee shall be mailed to each Member eligible to vote at least three (3) weeks preceding election. Additional candidates for the offices to be filled may be placed in nomination by submitting their name in writing to the Chief Staff Executive at least two (2) weeks before the election. The Chief Staff Executive shall send notice of such additional nominations to all members eligible to vote before the election.

(b) The election of Officers and Directors shall take place at the annual meeting. Election shall be by voice vote, or if necessary by a show of hands, or if necessary by ballot and all votes shall be cast in person. The names of all candidates and the offices for which they are nominated shall be provided to all members eligible to vote.

(c) The President, with the approval of the Board of Directors, shall appoint an election committee of two REALTORÒ 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 Board of Directors shall be filled by a simple majority vote of the Board of Directors until the next annual election.

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

(a) A petition requiring the removal of an Officer or Director and signed by not less than

one-third of the voting membership or a majority of all Directors shall be filed with the President, or if the President is the subject of the petition, with the next ranking officer, and shall specifically set forth the reasons the individual is deemed 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 Association 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 Association unless the President’s continued service in office is being considered at the meeting. In such case, the next-ranking officer will conduct the meeting of the hearing by the Members. Provided a quorum is present, a three-fourth’s (3/4ths) vote of Members present and voting shall be required for removal from office.

Section 8. Chief Staff Executive.  The Board of Directors may employ a paid Executive Officer or other paid staff and assign such duties of the Association, its committees, or its Multiple Listing Service as the Association deems appropriate.

ARTICLE XII – MEETINGS

 

Section 1. Annual Meeting. The annual meeting of the Association shall be held during November 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 three (3) regular meetings without an excuse deemed valid by the Board of Directors shall be construed as resignation.

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 ten percent (10%) of the Members eligible to vote.

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

Section 5. Quorum. A quorum for the transaction of business shall consist of 25% of the Members eligible to vote.

Section 6. Electronic Transaction of Business. To the fullest extent permitted by law, the Board of Directors or membership may conduct business by electronic means.

Section 7. Action without Meeting. Unless specifically prohibited by the articles of incorporation, any action required or permitted to be taken at a meeting of the Board of Directors may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the directors. The consent shall be evidenced by one or more written approvals, each of which sets forth the action taken and bears the signature of one or more directors. All the approvals evidencing the consent shall be delivered to the Chief Staff Executive to be filed in the corporate records. The action taken shall be effective when all the directors have approved the consent unless the consent specifies a different effective date.

Section 8. Meeting Attendance. Failure of an active Member to attend a minimum of three (3) regular meetings in any calendar year will make them subject to guidelines for fees, fines and assessments, without valid cause, will be construed as a resignation and as such must be submitted to the Board of Directors for action. Application for reinstatement may be made at any time thereafter upon payment of a reinstatement fee and any unpaid dues.

ARTICLE XIII – COMMITTEES

 

Section 1. Standing Committees. The President shall appoint from among the REALTORÒ Members, subject to confirmation by the Board of Directors, the following standing committees:

            Professional Standards

            Grievance

Note:  Appointment to the Professional Standards Committee and Grievance Committee shall be consistent with the cooperative professional standards enforcement agreement of the Tri-boards – Greater Claremont, Sunapee Region and Upper Valley Board of REALTORSÒ.

Note: Other standing committees which may be listed under this section include, but are not limited to, Finance, Legislative, Public Relations, Membership, REALTOR® Protection, Education, Equal Opportunity, RPAC Fundraising, International, Commercial, Affordable Housing, Community Service, REALTOR® of the Year, etc.)

Section 2. Special Committees. The President shall appoint, subject to confirmation by the Board of Directors, special committees as deemed necessary.

Section 3. Organization. All committees shall be of such size and shall have such duties, functions and powers as assigned by the President or the Board of Directors except as otherwise provided in these Bylaws.

Section 4. President. The President shall be an ex-officio Member of all standing committees and shall be notified of their meetings.

Section 5. Finance Committee. The Finance Committee shall review the annual budget and the Treasurer’s year-end report.

Section 6. Action without Meeting. Any committee may act by unanimous consent in writing without a meeting. The consent shall be evidenced by one or more written approvals, each of which sets forth the action taken and bears the signature of one or more of the members of the committee.

Section 7. Attendance by Telephone. Members of a committee may participate in any meeting through the use of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Such participation shall be at the discretion of the President and shall constitute presence at the meeting.

 

ARTICLE XIV – FISCAL AND ELECTIVE YEAR

 

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

Section 2. The elective year of the Association shall be January 1 to December 31.

ARTICLE XV – RULES OF ORDER

 

Section 1. Robert’s Rule 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 XVI – AMENDMENTS

 

Section 1. These Bylaws may be amended by a majority vote of the Members present and qualified to vote at any meeting at which a quorum is present, provided the substance of such proposed amendment or amendments shall be plainly stated in the call for the meeting.  When Bylaws amendments are mandated by NAR policy, these Bylaws may be automatically amended to reflect the mandate as of the effective date of the mandatory policy authorized by the NATIONAL ASSOCIATION OF REALTORS®.  The Association shall provide notice of that change in a regular or special membership communication.

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

Section 3. Amendments to these Bylaws affecting the admission or qualification of REALTORÒ and Institute Affiliate Members, the use of the term REALTORÒ and REALTORSÒ, or any alteration in the territorial jurisdiction of the Association shall become effective upon their approval authorized by the Board of Directors of the NATIONAL ASSOCATION OF REALTORSÒ.

ARTICLE XVII – 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 New Hampshire Association of REALTORSÒ or, within its discretion, to any other non-profit tax exempt organization. (Amended 1/05)

ARTICLE XVIII – MULTIPLE LISTING

 

Section 1. Authority. The Sunapee Region Board of REALTORS® is a shareholder of Northern New England Real Estate Network (NNEREN), a multiple listing service which is a lawful corporation of the State of New Hampshire, the stock of which is owned entirely by several Associations of REALTORS®. (Amended 04/10)

Section 2. Purpose. A Multiple Listing Service is a means by which authorized Participants make blanket unilateral offers of compensation to other Participants (acting as subagents, buyer agents, or in other agency or non-agency capacities defined by law); by which cooperation among participants is enhanced; by which information is accumulated and disseminated to enable authorized Participants to prepare appraisals, analyses, and other valuations of real property for bona fide clients and customers; by which Participants engaging in real estate appraisal contribute to common databases; and is a facility for the orderly correlation and dissemination of listing information so participants may better serve their clients and the public. Entitlement to compensation is determined by the cooperating broker’s performance as a procuring cause of the sale (or lease). (Amended 11/04)

Section 3. Governing Documents. The Multiple Listing Service maintained pursuant to this Article shall conform its Charter, Constitution, Bylaws, Rules, Regulation, Policies, Practices, and Procedures at all times to the NATIONAL ASSOCIATION OF REALTORSÒ.

Section 4. Participation. Any REALTOR® of this or any other association who is a principal, partner, corporate officer, or branch office manager acting on behalf of a principal, without further qualification, except as otherwise stipulated in these Bylaws, shall be eligible to participate in multiple listing upon agreeing in writing to conform to the rules and regulations thereof and to pay the costs incidental thereto.* However, under no circumstances is any individual or firm, regardless of membership status, entitled to multiple listing service “membership” or “participation” unless they hold a current, valid real estate broker’s license and offer or accept compensation to and from other participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property.** Use of information developed by or published by an association multiple listing service is strictly limited to the activities authorized under a participant’s licensure(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey “participation” or “membership” or any right of access to information developed by or published by an association multiple listing service where access to such information is prohibited by law. (Amended 11/08)

Mere possession of a broker’s license is not sufficient to qualify for MLS participation. Rather, the requirement that an individual or firm offers or accepts cooperation and compensation means that the participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of cooperation and compensation made by listing brokers or agents in the MLS. “Actively” means on a continual and ongoing basis during the operation of the participant’s real estate business. The “actively” requirement is not intended to preclude MLS participation by a participant or potential participant that operates a real estate business on a part-time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a participant or potential participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny participation based on the level of service provided by the participant or potential participant as long as the level of service satisfies state law. (Adopted 11/08)

The key is that the participant or potential participant actively endeavors to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on the MLS in which participation is sought. This requirement does not permit an MLS to deny participation to a participant or potential participant that operates a “Virtual Office Website” (VOW) (including a VOW that the participant uses to refer customers to other participants) if the participant or potential participant actively endeavors to make or accept offers of cooperation and compensation. An MLS may evaluate whether a participant or potential participant actively endeavors during the operation of its real estate business to offer or accept cooperation and compensation only if the MLS has a reasonable basis to believe that the participant or potential participant is in fact not doing so. The membership requirement shall be applied in a nondiscriminatory manner to all participants and potential participants. (Adopted 11/08)

Section 5.  Subscribers. Subscribers (or users) of the MLS include non-principal brokers, sales associates, and licensed and certified appraisers affiliated with Participants.

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Membership Policy Statements Approved by the

Board of Directors NATIONAL ASSOCIATION OF REALTORS®

(The following policy statements are informational, and not part of the Bylaws.)

Statements of Membership Policy Related to Implementation of Association of Choice

That, effective upon approval by the Board of Directors, the following statements of membership policy and amendments to the Model Association Bylaws to implement the association of choice proposal be adopted.

The primary association of affiliation elected by a REALTOR® must be in the state where the REALTOR® is licensed and maintains his/her principal place of business. Licensees affiliated with a REALTOR® firm may choose as their “primary” association any association in the state where the firm maintains a “Designated” REALTOR®.

Membership shall be available in a secondary association on terms and conditions no more stringent than the requirements established in the association’s Bylaws for REALTOR® and (REALTOR-ASSOCIATE® where applicable) membership. The privileges of membership shall be the same including the right to vote and hold office. Membership will be granted to individuals who hold REALTOR® or REALTOR-ASSOCIATE® membership in their primary association without any requirement that the Designated REALTOR® they are licensed or affiliated with hold membership in the secondary association. However, MLS services will only be available if the Designated REALTOR® participates in the MLS. Association dues shall not include a national allocation since NAR dues have been paid through the member’s primary association. A state allocation may only be included if the member’s primary association is located in a different state.

REALTORS® shall be entitled to purchase services from associations other than their primary association without the necessity of holding membership in those associations. Service fees will be determined by the individual associations. However, the association may require that a REALTOR® (principal) be licensed in the state as a condition of MLS participation. (Adopted 2/94; amended 11/96)

 

Concerning Association of Choice Across State Lines

That the membership choices currently provided under Association of Choice be expanded across state lines as follows:

Members may join a primary association across contiguous state lines. State association membership would be in the state where primary association membership is held. To become effective July 1, 1996, with optional local association adoption sooner. (Adopted 11/95)

 

Portability of Membership Records (Files)

In order to facilitate timely processing of applications for membership and to assist associations in determining an applicant’s qualification for REALTOR® or REALTOR-ASSOCIATE® membership, associations shall, based on a request from another association, share information about current or former members. Minimum “core” member information shall include:

1. Previous applications for membership

2. All final findings of Code of Ethics violations and violations of other membership duties within the past three (3) years (when available)

3. Pending complaints alleging violations of the Code of Ethics or alleging violations of other membership duties

4. Incomplete or (pending) disciplinary measures

5. Pending arbitration requests (or hearings)

6. Unpaid arbitration awards or unpaid financial obligations to the association or its MLS

An association may, at its discretion, consider information received from other associations when determining whether an applicant satisfies the association’s membership requirements as established in the association’s bylaws (not to exceed NAR’s Membership Qualification Criteria). (Adopted 2/96)

 

Clarification of the Term “Principal”

The term “principal” as used in the NAR Constitution and Bylaws and in other relevant policies, includes licensed or certified individuals who are sole proprietors, partners in a partnership, officers or majority shareholders of a corporation, or office managers (including branch office managers) acting on behalf of principals of a real estate firm. (Adopted 11/96)

 

Secondary Membership in a Association/Association

When a member has joined a primary association and paid local, state, and national dues, secondary membership may be held in a local association in another state (provided the applicant meets all of the qualifications for membership) without holding membership in that state association, or alternatively, secondary membership may be held directly in the state association without holding membership in a local association in that state. (Adopted 11/96)

 

Membership Requirements Related to Multiple Office Locations

When considering an applicant for REALTOR® membership who is a principal in a real estate firm, associations have an obligation to determine that all of the principals of the real state firm who are actively engaged in the real estate business in the state are either applying for or already hold REALTOR® membership (or Institute Affiliate membership, if applicable) in a association or association. (Adopted 11/96)

If an association (local, state, national) is notified by another association that a REALTOR® member has an office location elsewhere in the state that is not functioning as a “REALTOR®-office” (i.e., licensees affiliated with the office are not members or are not accounted for under the DR dues formula) the association where the REALTOR® holds primary membership shall be responsible, in cooperation with the state and national associations, for ensuring compliance with applicable membership policies (i.e., that said licensees hold membership in the REALTOR®’s primary association – or some other association in the state where the firm maintains a designated REALTOR® presence – or that dues have been paid to an association based on non-member licensees affiliated with the office. (Adopted 11/96)