Constitution
Cincinnati Area Board of Realtors®
Last Amended September 22, 2006
Organized.................................................................... August, 1888
Incorporated........................................................... February 11, 1890
Incorporation Amended.................................................... July 11, 1916
Incorporation Amended.............................................. December 6, 1973
ARTICLE 1
NAME
Section 1: NAME
The name of this organization shall be the Cincinnati Area Board of Realtors®, Inc., hereafter referred as the "Board."
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 2
OBJECTIVES
The objectives of the Board are:
Section 1:
To unite those engaged in the recognized branches of the real estate profession in this community 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 interest of home and other real property ownership.
Section 5:
To unite those engaged in the real estate profession in this community with the Ohio 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, those individuals authorized to use the terms REALTOR® and REALTORS® as licensed, prescribed and controlled by the National Association of Realtors®.
ARTICLE 3
JURISDICTION
Section 1: JURISDICTION
The territorial jurisdiction of the Board, as a Member of the National Association of Realtors®, shall include all of Hamilton County, Ohio and that portion of Butler County, Ohio beginning NORTHERN BOUNDARY: the conjunction of the East line of Section 30 in Union Township (Butler County) and the North line of Union Township, East along the North line of Union Township (Butler County) to its conjunction with the West line of Warren County, Ohio. EASTERN BOUNDARY: thence South along the West line of Warren County to its conjunction with the North line of Hamilton County. SOUTHERN BOUNDARY: north Hamilton County line. WESTERN BOUNDARY: from the conjunction of the North line of Hamilton County and Interstate 75, Northeasterly on I-75 to its conjunction with the East line of Section 28 of Union Township (Butler County), then north along the East line of Section 28, 29 and 30 of Union Township to its conjunction with the North line of Union Township (Butler County).
Section 2: DEFINITION OF JURISDICTION
Territorial jurisdiction is defined to mean:
2.1 The right and duty to control the use of the terms REALTOR® and REALTORS®, subject to the conditions set forth in this Constitution, and the Constitution and Bylaws 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 4
CLASSES OF MEMBERSHIP
Section 1: CLASSIFICATION
1.1 All Members of the Board shall be classified under one of the following classifications: REALTOR® Member, Affiliate Member, Institute Affiliate Member, Life Member, and Honorary Member. Membership of any classification shall be individual, except Affiliate Member which may be individual or firm, and nontransferable.
1.2 Any Member who alters the circumstances under which he is elected to membership shall become an applicant for membership subject to review and approval of the Board of Directors.
Section 2: REALTOR® MEMBERS, whether primary or secondary REALTOR® Members of the Board when elected as provided in Article 5 are:
Individuals licensed by the State of Ohio or a state contiguous thereto as real estate brokers 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, or who are actively engaged in real estate investment and who maintain or are associated with an established real estate office in Ohio 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 Ohio 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 Ohio or a state contiguous thereto unless otherwise qualified for Institute Affiliate Membership as described in Article IV, Section 4.
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 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.
2.1a 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 established 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 firm's name; and the right to hold elective office in the local Board, State Association or National Association.
2.2 Individuals licensed by the State of Ohio or a state contiguous thereto as real estate brokers or salespersons who are engaged in the real estate profession, and are employed by or associated, as an independent contractor with a REALTOR® Member as provided in this Article.
2.3 Individuals licensed or certified by the State of Ohio or a state contiguous thereto as real estate appraisers.
2.4 The Board of Directors may further classify REALTOR® Members according to their respective professional specialties.
2.5 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.
2.6 Designated REALTOR® Members. Each firm 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 Constitution. 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 Constitution.
Section 3: AFFILIATE MEMBERS
Affiliate Members shall be real estate owners and other individuals or firms, such as banks, savings and loans, title companies and other categories as approved by the Board of Directors, while not engaged in the real estate profession, as defined in Section 2 of this Article, have interests requiring information concerning real estate, and are in sympathy with the objectives of the Board. Affiliate Members shall not be licensed to practice real estate in Ohio. Firms holding Affiliate Membership may have more than one representative as a Member, provided an additional fee is paid for each additional representative.
Section 4: 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.
Section 5: LIFE MEMBERS
Life Members shall be REALTOR® Members who have been Members of the Board for at least twenty-five (25) years consecutively, have attained the age of seventy (70), and who make application to the Board of Directors for Life Membership.
Section 6: 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.
Section 7: FEES AND DUES
Membership fees and dues as may hereafter be established in this Constitution shall be for membership privileges only, and shall not carry with them any vested interest in the Board or its property.
Section 8: MEMBERSHIP PLEDGE
All Members shall be required to sign personally a pledge prescribed by the Board of Directors to observe the requirements of this Constitution as amended from time to time.
Section 9:
The Board of Directors may from time to time prescribe reasonable conditions for the maintenance of any class of membership.
ARTICLE 5
QUALIFICATION AND ELECTION
Section 1: APPLICATION
Application shall be made in such manner and form as may be prescribed by the Board of Directors and made available to anyone requesting it.
Section 2: QUALIFICATION
2.1 REALTOR® MEMBERSHIP:
(a) An applicant for REALTOR® Membership who is a sole proprietor, principal, partner, corporate officer, or branch office manager of a real estate firm shall supply evidence satisfactory to the Membership Committee that he 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 Ohio or a state contiguous thereto (unless a secondary member) has no record of recent or pending bankruptcy* and has no record of official sanctions involving unprofessional conduct**, agrees to complete a course of instruction covering member services of the Board (e.g., Professional Standards, Arbitration, Fair Housing, MLS), agency, anti-trust and the Code of Ethics of the National Association of Realtors®, shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Membership Committee, and shall agree that if elected to membership, he will abide by the Bylaws, Constitution, 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 proceeding 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 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 Board may only consider judgments within the past three (3) years of violations of (1) civil rights laws; (2) real estate license laws; and (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities.
*** Article IV, Section 2, of the NAR Bylaws prohibits Member Boards from knowingly granting REALTOR or REALTOR-ASSOCIATE membership to any applicant who has an unfulfilled sanction pending which was imposed by another Board or Association or REALTORS® for violations of the Code of Ethics.
(b) Individuals who are actively engaged in the real estate profession other than as principals, partners, corporate officers, or branch office managers in order to qualify for REALTOR® Membership (except as provided in the following paragraph), shall at the time of application be associated either as an employee or as an independent contractor with a Designated REALTOR® Member of this 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, shall complete a course of instruction covering member services of the Board (e.g., Professional Standards, Arbitration, Fair Housing, MLS), agency, anti-trust and the Code of Ethics of the National Association of Realtors®, and shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Committee, and shall agree in writing that if elected to membership, will abide by the Code of Ethics of the National Association of REALTORS®, and by the Bylaws, Constitution, Rules and Regulations of the local Board, the State Association and the National Association of Realtors®.
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 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.
Applicants for all other membership classifications shall meet the requirements set forth in this Article and the section pertinent to the classification for which he is applying.
Section 3: ELECTION
3.1 The Membership Committee may investigate all applicants for REALTOR®, Affiliate and Institute Affiliate Membership to determine whether the applicant is qualified and is eligible, under this Article, for the class of membership applied for. The Committee may secure a character-credit report, interview applicant, visit his office to confirm its existence, confirm all information shown on Board application form and interview references when the applicant is a principal of the firm.
3.2 If the Membership Committee so determines, it may give written notice of all applications to REALTOR® Members.
3.3 Any Member shall have the right to present to the Membership Committee any information bearing upon the applicant's qualifications in relation to the qualifications as set forth in this Constitution. All such information shall be in writing setting forth specifics on lack of qualifications. The Committee shall not consider any oral complaint. If a written complaint is filed against an applicant, then a hearing shall be held by the Committee, and the applicant shall be given an opportunity to present his side of the case.
3.4 If any Member of the Membership Committee is biased or has a complaint against the applicant, then said Member shall be excused from the Committee proceedings on said applicant. If a complaint is received from another person in the same firm as a Member of the Committee, said Member shall be excused from the Committee proceedings.
3.5 Upon completion of the above procedures, the Membership Committee shall report its recommendation to the Board of Directors. If the recommendation of the Committee is adverse to the approval of the application, the Membership Committee shall state its reasons therefore in writing which shall be transmitted to the Board of Directors and the applicant.
3.6 The Board of Directors may review the qualifications of the applicant and the recommendations of the Committee and shall then vote on eligibility to membership. An applicant shall be declared duly elected a Member when he has received a majority vote of the Board of Directors, when he has paid such dues and fees as may be applicable, and when he has signed the required membership pledge.
3.7 The Board of Directors may not reject an application without providing the applicant with advance notice of the findings and recommendations of the Membership Committee, 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 electronically or mechanically record the proceedings.
3.8 If the Board of Directors determines that the application should be rejected, it shall record its reasons with the Corporate Secretary. If the Board of Directors believes that denial of membership to the applicant may become the basis of litigation and a claim of damage by the applicant, it may specify that denial 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 rejection violates no rights of the applicant.
Section 4. STATUS CHANGES
A REALTOR® who changes the conditions under which he 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 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 this Constitution for the category of membership to which they have transferred within thirty (30) 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.
Section 5. NEW MEMBER CODE OF ETHICS ORIENTATION
Applicants for REALTOR® membership and provisional REALTOR® members (where applicable) shall complete 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 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 year or less.
Failure to satisfy this requirement within 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 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 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 REALTORS®, the NATIONAL ASSOCIATION OF REALTORS®, or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the NATIONAL ASSOCIATION OF REALTORS® from time to time. REALTOR® members who have completed training as a requirement of membership in another association and REALTOR® members who have completed the New Member Code of Ethics Orientation during any four 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 for which REALTOR® membership shall be suspended until such time as the training is completed.
Members suspended for failing to meet the requirement for the first four
(4)-year cycle (2001 through 2004) will have until December 31, 2005 to meet the
requirement. Failure to meet the requirement by that time will result in
automatic termination of membership. Failure to meet the requirement for the
second (2005 through 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 a
member who is still suspended as of that date will be automatically terminated.
(Adopted 1/01, revised 5/05)
ARTICLE 6
PRIVILEGES AND OBLIGATIONS
Section 1:
1.1 The privileges and obligations of Members, in addition to those otherwise provided in this Constitution, shall be as specified in this Article.
1.2 Members shall notify the Board upon change of office address, phone number, personnel, or any other changes which necessitate a change in Board membership records.
Section 2: REALTOR® MEMBERS
2.1 REALTOR® Members, whether primary or secondary, whose financial obligations to the Board and Multiple Listing Service of Greater Cincinnati, Inc., are paid in full shall be entitled to receive the services of the Board, i.e. serve on committees, receive the Board's publications, attend general membership meetings, use the library, purchase standard forms and contracts, etc., to vote and to hold elective office in the Board, and to participate in the Multiple Listing Service.
2.2 Only REALTOR® Members may use the term REALTOR® or REALTORS®, which use shall be subject to the provisions of Article 9.
(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 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.
2.3 REALTOR® Members have the primary responsibility to safeguard and promote the standards, interests and welfare of the Board and the real estate profession.
2.4 Any Member of the Board may be reprimanded, fined, placed on probation, suspended, or expelled for a violation of this Constitution and Board Rules and Regulations not inconsistent with this Constitution, after a hearing as provided in the Ethics or Arbitration Manual of the Board. Although Members other than REALTOR® Members 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 REALTOR® Members may, upon recommendation of the Membership Committee, Executive 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 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®.
2.5 Professional disputes between REALTOR® Members of different firms, partnerships, or corporations with which a REALTOR® Member is associated, shall be settled through the arbitration process as provided in Article 8, rather than by recourse to other tribunals. Professional disputes between REALTOR® Members and other Members or nonmembers of the Board other than clients of REALTORSâ may be accepted for arbitration at the discretion of the Arbitration Committee, provided that both parties to such dispute agree in advance, in writing, to abide by the award, and provided that any nonmember shall agree to pay in advance such fee or deposit such security in advance as may be required by the Arbitration Committee.
2.6 Suspension or Expulsion
(a) If a REALTOR® Member is a sole proprietor in a firm, a partner in a partnership or an officer in a corporation, and is suspended or expelled, the firm, partnership or corporation shall not use the terms REALTOR® or REALTORS® in connection with its business during the period of suspension, or until readmission to REALTOR® membership, or unless connection with the firm, partnership or corporation is severed, or management control is relinquished, whichever may apply.
b) The membership of all other principals, partners, or corporate officers shall suspend or terminate during the period of suspension of the disciplined Member, or until readmission of the disciplined Member or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, or unless the REALTOR® who is suspended or expelled removes himself from any form or degree of management control of the firm for the term of the suspension or until readmission to membership, whichever may apply.
c) Removal of an individual from any form or degree of management control must be certified to the Board by the Member who is being suspended or expelled and by the individual who is assuming management control, and the signatures of such certification must be notarized. In the event the suspended or expelled Member is so certified to have relinquished all form or degree of management control of the firm, the membership of other partners, corporate officers, or other individuals affiliated with the firm shall not be affected, and the firm, partnership or corporation may continue to use the terms REALTOR® and REALTORS® in connection with its business during the period of suspension or until the former Member is admitted to membership in the Board.
d) The foregoing is not intended to preclude a suspended or expelled Member from functioning as an employee or independent contractor, providing no management control is exercised.
e) The membership of REALTORS® other than principals who are employed or affiliated as independent contractors with the disciplined Member shall suspend or terminate during the period of suspension of the disciplined Member or until readmission of the disciplined Member, or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, or management control is relinquished, or unless the REALTOR® Member (non-principal) elects to sever his connection with the REALTOR® and affiliate with another REALTOR® Member in good standing in the Board, whichever may apply.
f) If a REALTOR® Member other than a sole proprietor in a firm, partner in a partnership, or an officer of a corporation is suspended or expelled, the use of the terms REALTOR® or REALTORS® by the firm, partnership or corporation shall not be affected.
g) In any action taken against a REALTOR® Member for suspension or expulsion under Section 2.6 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 6, Section 2.6 shall apply.
2.7 Resignation of membership 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 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.
2.8 If a Member resigns from the Board 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/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®
2.9 A REALTOR® Member who is the designated REALTOR® of his firm, partnership or corporation shall be responsible for reporting to the Board office the names of licensees in his firm, partnership or corporation within thirty (30) days of a licensee's affiliation, transfer or termination. In addition, the designated REALTOR® shall confirm and update to the Board office within thirty (30) days of request a complete list, as furnished by the Board, of all licensees affiliated with his firm, partnership or corporation. Failure to comply with these requirements may result in a fine imposed upon the designated REALTOR® or other action prescribed by the Board of Directors.
Section 3: AFFILIATE MEMBERS
Affiliate Members shall be entitled to all rights and privileges of the Board, except those which are reserved for REALTOR® Members in Section 2 hereof. Further, Affiliate Members may not advertise or promote the fact that they have membership in the Board or that they possess in any form, direct or implied, Board endorsement.
Section 4: INSTITUTE AFFILIATE MEMBERS
Institute Affiliate Members shall be entitled to all rights and privileges of the Board except those which are reserved for REALTOR® Members in the Board Constitution, i.e., the right to vote, hold office, use the term REALTOR® or REALTORS®, or the imprint of the emblem seal of the National Association.
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 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 5: LIFE MEMBERS
Life Members shall have all rights and privileges and be subject to all of the obligations of REALTOR® Members.
Section 6: HONORARY MEMBERS
Honorary Members shall have no rights except the right to attend meetings and participate in discussions, and shall have no obligations.
Section 7: Certification by REALTOR®
"Designated" REALTOR® Members of the Board shall certify annually to the Board, 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 licensees 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 10, Section 3.1 of this Constitution. "Designated" REALTOR® Members shall also notify the Board of any additional individual(s) licensed or certified with the firm(s) within 30 days of the date of affiliation or severance of the individual.
Section 8: Harassment
Any member of the Board may be reprimanded, placed on probation, suspended or expelled for harassment of a Board or MLS employee after a hearing in accordance with the established procedures of the Board. Disciplinary action may also consist of any sanction authorized in the association’s Code of Ethics and Arbitration Manual. 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 unreasonable 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 a Vice President 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 Board. If the complaint names the President, President-Elect or a Vice President, 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 sexual harassment are available from the NAR Member Policy Department.
Section 9:
9.1 Resignation of membership of Affiliate, Institute Affiliate, Nonresident, and Life Members shall become effective only when accepted by the Board of Directors.
9.2 Life Members may be reprimanded, fined, placed on probation, suspended, or expelled for a violation of this Constitution, Rules and Regulations, or Code of Ethics or for any other conduct which discredits the Board or the real estate profession, after a hearing as provided in Article 8.
ARTICLE 7
STATE AND NATIONAL MEMBERSHIPS
Section 1:
1.1 The Board shall be a Member of the National Association of Realtors® and the Ohio Association of Realtors®.
1.2 By reason of the Board's membership, each REALTOR® Member of the Member Board shall be entitled to membership in the National Association of Realtors® and the Ohio Association of Realtors®, without further payment of dues.
1.3 The Board 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 Board recognizes the exclusive property rights of the National Association of Realtors® in the terms REALTOR® and REALTORS®. The Board 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:
3.1 The Board adopts the Code of Ethics of the National Association of Realtors® and agrees to enforce the Code among its REALTOR® members.
3.2 The Board and all of its Members agree to abide by the Bylaws, Constitution, Rules and Regulations, and policies of the National Association and the Ohio Association of Realtors®.
ARTICLE 8
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 Ethics and Arbitration Manuals of the Board, as from time to time amended by the Board of Directors, and which by this reference is made a part of this Constitution.
Section 2:
It shall be the duty and responsibility of every REALTOR® of this Board to abide by the Constitution and the Rules and Regulations of the Board, the Bylaws and Constitution of the State Association, the Bylaws and Constitution 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 Ethics and Arbitration Manuals of this Board, as from time to time amended.
ARTICLE 9
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 authority to control, jointly and in full cooperation with the National Association of Realtors®, use of the terms within its jurisdiction.
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 Ohio 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 of the principals of such firm, partnership, or corporation who are actively engaged in the real estate profession are REALTOR® Members of a Board within Ohio or a state contiguous thereto, or Institute Affiliate members as described in Article IV, Section 4.
(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.
(Amended 1/01)
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 10
FEES AND DUES
Section 1: ADMISSION FEES
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 Board dues for all membership classifications shall be set from time to time by the Board of Directors based on recommendations of and after consultation with the Budget and Finance Committee.
Section 3: REALTOR® MEMBER DUES
3.1 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, brokers, 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 within Ohio 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 shall not be included in the computation of dues if the Designated REALTOR® 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.
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 Ohio 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 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 engage 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 engage 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 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® 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.
3.2 Each firm represented in the Board by an individual or individuals holding REALTOR® Membership shall designate one of its REALTOR® Members as its "designated" REALTOR® Member, and a firm may change its "designated" REALTOR® Member from time to time by notifying the Board in writing.
3.3 If two or more REALTOR® Members are principals of the same firm, partnership or corporation, then only that REALTOR® Member designated from time to time in writing (the "designated" REALTOR®) by such firm, partnership or corporation shall be required to pay that portion of the dues which is computed on the number of real estate salespersons, brokers and licensed or certified appraisers employed by or affiliated as independent contractors with such firm, partnership or corporation. The dues of the remaining REALTORS® who are principals of such firm, partnership, or corporation and other REALTORS® (non-principals) shall be only such base amount as determined by the Board of Directors, in accordance with Section 2 of this Article.
3.4 The annual dues for a "designated" REALTOR® Member of a firm shall automatically increase during the year as additional licensed salespersons, brokers, and licensed or certified appraisers become associated with the firm, except when a licensed real estate salesperson, broker, or licensed or certified appraiser is or becomes a Member of the Board. The automatic increase in the "designated" REALTOR® Member dues shall commence the date a license is issued to the firm within the current fiscal year and shall be prorated to the end of the split-year dues period, and shall be payable as provided in Section 9 herein.
Section 4: AFFILIATE MEMBER DUES
The annual Board dues of each Affiliate Member shall be set by the Board of Directors as provided for in Section 2 herein.
Section 5: INSTITUTE AFFILIATE MEMBER DUES
The annual Board dues of each Institute Affiliate Member shall be set by the Board of Directors as provided for in Section 2 herein.
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 to 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 may voluntarily subscribe.
Section 6: LIFE MEMBERS
The annual Board dues of each Life Member shall be the same as a REALTOR® Member, less the local Board allocation of dues.
Section 7: HONORARY MEMBERS DUES
Honorary Members shall pay no dues.
Section 8: DATE PAYABLE AND METHOD OF BILLING
8.1 Unless otherwise designated herein, the first installment of annual Board dues for all Members shall be due and payable to the Board in advance on or before July 1, and the second installment of the annual Board dues for all Members shall be due and payable to the Board in advance on or before January 1. Board dues of newly elected Members shall begin as of the first day of the month following their election and shall be prorated for the year, except when additional licensed salespersons or brokers become associated with a firm in which case Section 3.4 herein shall apply.
8.2 Statements shall be issued to the firm for all of its Members and shall show the names of the Members, the membership classification held by each and shall show as separate items the Board's allocation of dues for the Board, the Ohio Association and the National Association. The "designated" REALTOR® Member in each firm is encouraged to cooperate in assembling proper payments by all Members in said firm, and in forwarding the same to the Board office.
Section 9: NON-PAYMENT
If dues or any indebtedness to the Board are not paid within fifteen (15) days after the due date, or if dues or any indebtedness to the Multiple Listing Service of Greater Cincinnati, Inc. are not paid as provided in its regulations, the Members may be dropped from membership by the Board of Directors at their discretion and without reference to any other provisions of this Constitution. Such action shall become final fifteen (15) days after giving written notice of the action unless, within that time and subject to acceptance by the Board of Directors, all past due amounts are paid. Suspension from the Board and the Multiple Listing Service shall commence on the date the fifteen (15) day written notice is mailed. If the action of the Board of Directors has become final, the dropped Member may apply for reinstatement in the manner prescribed for new applicants for membership, including payment of admission fees and payment of all back dues, charges and fines.
ARTICLE 11
GOVERNMENT
Section 1: GOVERNMENT
1.1 The government of the Board shall be vested in its Board of Directors, who shall have all power to operate the Board in accordance with this Constitution. They also shall have discretionary powers to act on matters relating to administration of the Board which are not specifically or otherwise provided for in this Constitution.
1.2 Any action of the Board of Directors shall be subject to referendum upon the written petition of 10% of the REALTOR® Members, in good standing, delivered to the President, said petition having been made and submitted within ninety (90) days after written notification of the action.
Section 2: BOARD OF DIRECTORS
The Board of Directors shall consist of:
2.1 Twelve (12) REALTOR® Members, including the officers, who shall be nominated and elected in the manner prescribed in Article 13.
2.2 The immediate Past President with full voting rights.
Section 3: VACANCIES
The Board of Directors shall have power to fill vacancies in the Board of Directors. Such appointments shall be for the unexpired term.
Section 4: OFFICERS
4.1 The officers of the Board shall be a President, the President-elect, a 1st Vice President, a 2nd Vice President, a Treasurer, an Executive Vice President who shall also serve as the Corporate Secretary and any others as may be deemed advisable by the Board of Directors. The Executive Vice President shall be a professional salaried staff employee. 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 and such as are required by law.
4.2 The President shall be the presiding officer at all meetings. He shall have general supervision of the offices of the Board.
4.3 The President-elect, then the Vice President in order of Priority, shall, in the absence of the President, exercise his powers and duties. In the event of the death, resignation or inability of the President to serve, the President-elect shall assume that office to complete the unexpired term and thereafter serve his full term.
ARTICLE 12
MEETINGS
Section 1: BOARD OF DIRECTORS MEETINGS
1.1 The Board of Directors shall meet monthly or as often as may be ordered by the President or as determined by the Board of Directors. Notice of meetings shall be given at least three (3) days in advance of the meeting. A majority of the Directors eligible to vote shall constitute a quorum. Meetings may be held without required notice if two-thirds (2/3) of the Board of Directors then in office are present. Any Director failing to attend three (3) meetings of the Board of Directors in a 12-month period for reasons other than those beyond his control shall forfeit his office upon a majority vote of the Board of Directors.
1.2 In the absence of all Board Officers at any meeting of the Board of Directors, the Members present shall elect one of their number to preside.
Section 2: ANNUAL MEETING
The Annual Meeting of the REALTOR® Members shall be held in October. The date, time and place shall be set by the Board of Directors.
Section 3: OTHER MEETINGS
3.1 Regular meetings of the general membership may be held at such times and places as the President or the Board of Directors determines.
3.2 Special meetings of the REALTOR® Members may be called by the President, and must be called by the President at the request of any five (5) Directors, or at written request of 10% or more of the REALTOR® Members but each special meeting shall require at least five (5) days notice by mail to each REALTOR® Member stating the reasons therefor.
Section 4: QUORUM
The REALTOR® Members present in person or by the use of Authorized Communications Equipment (if the use of Authorized Communications Equipment has been authorized for the meeting by the Board of Directors) at any meeting shall constitute a quorum at any business meeting.
Section 5: REMOVALS
REALTOR® Members at any annual or special meeting shall have the power by two-thirds (2/3) majority vote to remove any officer or Director.
Section 6: PROXY
Vote by proxy shall not be permitted.
Section 7. Authorized Communications Equipment
The Board of Directors shall be permitted to use Authorized Communications Equipment to the fullest extent permitted by Ohio law for the following purposes: giving notice of meetings or any other notice required by this Constitution or by Ohio law; conducting, attending or participating in meetings; giving a copy of any document or transmitting any writing required or permitted by the Constitution or by Ohio law; and voting. The use of Authorized Communications Equipment shall be subject to procedures and guidelines established from time-to-time by the Board of Directors.
Meetings of REALTOR® Members or the Board of Directors may be held or participation in such meetings may be permitted by the use of Authorized Communications Equipment.
Section 8. ACTIONS IN WRITING
Any action that may be authorized or taken at a meeting of the Members or the Directors may be authorized or taken without a meeting with the affirmative vote or approval of, and in a writing or writings signed by, all of the Directors who would be entitled to notice of a meeting for such purpose or, in the case of Members, a majority of the Members entitled to notice of a meeting held for such purpose. Any such writing shall be filed with or entered upon the records of the Board. Any transmission by Authorized Communications Equipment that contains an affirmative vote or approval of a matter is a signed writing for purposes of this Section 8.
ARTICLE 13
ELECTION OF OFFICERS AND BOARD OF DIRECTORS
Section 1: NOMINATIONS
1.1 The Past Presidents Advisory Committee, in addition to the President and President-elect, shall serve as the Nominating Committee and hold its initial meeting no later than May 31 of each year.
1.2 All nominees for Board of Director candidates shall be REALTOR® Members who have been Board Members in good standing for at least two (2) years.
1.3 The Nominating Committee shall nominate up to two (2) REALTOR® Members for each expiring directorship. Beginning in 1986 and every three (3) years thereafter, the Nominating Committee shall nominate up to two (2) REALTOR® Members who specialize in one (1) of the following fields: commercial/industrial/investment, property management or appraisal to fill one (1) of the expiring directorships. This shall be designated as a “C/I office.” The Committee shall then nominate up to two (2) REALTOR® Members to fill each of the remaining expiring directorships. In no event shall the Nominating Committee nominate fewer than six (6) candidates in any one year.
1.4 The Nominating Committee, no later than July 31 of each year, shall report in writing the nominees to the President, who shall cause notice of the nominations to be given in a timely manner to the REALTOR® Members.
1.5 Any one hundred (100) REALTOR® Members in good standing may make additional nominations, if delivered at least thirty (30) days before the Annual Meeting to the President, who shall cause notice of said nominees to be given in a timely manner to the REALTOR® Members.
1.6 Any nominee may request that his name be withdrawn.
1.7 Board of Directors shall not be eligible for nomination or election to two (2) full terms in succession.
Section 2: ELECTION OF BOARD OF DIRECTORS
2.1 At the Annual Meeting the REALTOR® Members present in person or by Authorized Communications Equipment, as authorized by the Board of Directors, shall elect four (4) Directors to serve three (3) year terms. Voting shall be by secret ballot, which shall list all nominees in alphabetical order. Each ballot to be valid must contain a vote for each office to be filled, as prescribed in Article 13, Section 1.3. A plurality of votes cast shall be sufficient to elect. If a tie vote should occur, then Robert's Rules of Order "that those present shall vote again to decide the issue" will prevail. In the event that a tally of votes cast is unavailable at the conclusion of the Annual Meeting, the current Board of Directors shall vote to decide the issue. An appropriate number of election judges, but not less than three (3) appointed by the President shall conduct the election and determine the results. Board of Directors elected shall take office January 1st following election. Voting for Directors may be conducted utilizing Authorized Communications Equipment in accordance with procedures and guidelines established by the Board of Directors from time to time.
2.2 REALTORS® may be permitted to vote by Authorized Communications Equipment for the calendar period which includes the eight (8) business days immediately preceding any Meeting. As with voting at the Meeting, a REALTOR® may cast only his ballot.
Section 3: ELECTION OF OFFICERS
3.1 The Board of Directors, in their August meeting, shall elect one REALTOR® Member Director to serve as President-elect the following calendar year. Voting for Officers may be conducted utilizing Authorized Communications Equipment in accordance with procedures and guidelines established by the Board of Directors from time to time. In the case of a Director elected as President-elect, he shall serve the full duration of