Amended Bylaws of the Southwest Riverside County Association of REALTORS

Published: December 16, 2009

pfd NAR Approved Amended Bylaws 18Nov09

pfd Redlined Compare to Gov Doc 12June09

DETAILED SUMMARY OF AMENDMENTS TO BYLAWS OF SOUTHWEST RIVERSIDE COUNTY ASSOCIATION OF REALTORS® 2010 MEMBERSHIP VOTE

The amended Bylaws of the Southwest Riverside County Association of REALTORS® (SRCAR) incorporate the National Association of REALTORS® (“NAR”) mandated and discretionary changes using text from the California Association of REALTORS® (“CAR”) Model Bylaws. Additional changes approved by SRCVAR’s Board of Directors are also included.

The full text of the amended Bylaws is available on the SRCAR web site at www.srcar.org.

Questions may be directed to:

Connie Lynch, Chief Executive Officer
[email protected]
or
John V. Giardinelli or Sylvia J. Simmons, Association Counsel
The Giardinelli Law Group, APC
Telephone: 951/245-9163 Fax 951/245-9379
[email protected] or [email protected]

The following is a summary of the amendments to the Bylaws:

  • A new section regarding franchise members is added.  (Article V, Section 2.5)
  • Additional qualifications for REALTOR® membership in SRCAR include that applicants have no record of official sanctions rendered by the courts or other lawful authorities for violations of civil rights laws or real estate license laws within the past three years; or criminal convictions of a crime punishable by death or imprisonment in excess of one year under the law under which the applicant was convicted, and no more than ten 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.  (Article V, Sections 2.1(e) and 2.2(d))
  • Applicants for REALTOR® membership must certify that they have no record of official sanctions rendered by the courts or other lawful authorities for violations of civil rights laws or real estate license laws within the past three years or 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 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 and (3) that they have not been
  • Applicants who are sole proprietors, general partners, corporate officers, or branch office managers must disclose: (1) whether they or their firms are subject to any pending bankruptcy proceedings; and (2) whether they or their firms have been adjudged bankrupt within the past three (3) years. If the applicant is a party to a pending bankruptcy or insolvency proceedings or has been adjudged bankrupt within the past three (3) years, the applicant may be required to pay cash in advance for Association and MLS fees for up to one year from the date that membership is approved or from the date that the applicant is discharged from bankruptcy, whichever is later.  If the Board of Directors determines that such prepayments will not protect the interests of the Association or its members, such applications may be rejected.  (Article V, Section 12(d))
  • Misuse of the term REALTOR® or REALTORS® in the name of an applicant’s firm is “core” information that may be considered by SRCAR in determining an applicant’s qualification for membership.  (Article VIII, Section 1)
  • Misuse of the term REALTOR® or REALTORS® is a violation of a membership duty and may subject a member to disciplinary action after a hearing.  (Article V, Section 12(e)(6))
  • Any member of SRCAR may be disciplined or expelled for unlawful harassment of an employee of SRCAR after an investigation in accordance with the procedures of SRCAR. (Article VI, Section 2)
  • The Chairperson-Elect will also serve as the BORPAC Chairperson for SRCAR.  (Article X, Section 4(b))
  • To be nominated for elective office and serve as a Director, a person must have been a REALTOR® of SRCAR for two years. (Article X, Section 5(a))
  • The annual meeting of SRCAR will be held prior to the end of the third quarter each year, rather than by the end of July. (Article XI, Section 1)
  • Task Force and Special Committee members are appointed by the Chairperson from among REALTOR® members.  (Article XII, Section 2)
  • The method for amending the Bylaws has been updated as follows:
    • The Bylaws may be amended by an additional method: affirmative votes of nine Directors present, or by affirmative votes of 75% of the full Board of Directors if the Board of Directors consists of 13 Directors, after notice to and opportunity for the members to comment, as follows:  The membership shall be notified in writing of the nature of proposed amendments to the Bylaws and be given thirty (30) days to provide written comments on the proposed amendments to the Board of Directors.  The Board of Directors is required to consider the comments on proposed amendments at its next regularly scheduled meeting, but will not be required to act on the comments.  The Board of Directors may, in its discretion, adopt some, all or none of the proposed amendments, or may present some, all, or none of the proposed amendments for membership vote pursuant to the procedures set forth in Section 3 below. (Article XV, Section 1)
    • The current provision for amendment by majority vote of members by written ballot has been clarified. (Article XVI, Section 3)
    • The current provision for notice of meetings at which amendments are to be considered has been clarified. (Article XVI, Section 4)
  • Any applicant for MLS participation and any licensee affiliated with an MLS participant who has access to the MLS-generated information must complete up to 8 hours of classroom orientation on the MLS Rules and Regulations within 6 months of having access.
  • When there is more than one principal in a firm, the chief principal officer is generally defined as the MLS “participant.” If each principal is defined as an MLS “participant” then each has a separate vote on MLS matters.  Non-principal brokers and sales agents are not considered “participants” in the MLS, but have access through the principal(s) with whom they are affiliated.  (Article XVII, Section 4)
  • Article XVII – Multiple Listing Services has been modified to comply with the N.A.R. mandatory language required by the settlement reached with the U.S. Department of Justice, specifically the definition of an MLS Participant, i.e. the requirement that the Participant “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.”

Last modified: December 16, 2009 at 4:20 pm | Originally published: December 16, 2009 at 4:20 pm
Printed: September 28, 2020