Cache-Rich Association of REALTORS®

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  •  » Article I
  •  » Article II
  •  » Article III
  •  » Article IV
  •  » Article V
  •  » Article VI
  •  » Article VII
  •  » Article VIII
  •  » Article IX
  •  » Article X
  •  » Article XI
  •  » Article XII
  •  » Article XIII
  •  » Article XIV
  •  » Article XV
  •  » Article XVI
  •  » Article XVII
  •  » Article XVIII
• Code Of Ethics

Article XI

Section 1. Officers. The elected officers of the Association shall be: A President, a Vice-President (President-Elect), and a Treasurer. The President and President Elect shall be elected for a term of one year. The Treasurer may also serve as a Director for a two-year term.

(a) The Directors may employ an Executive Officer who will serve at the direction of the Board of Directors, and who may assume the duties of the Secretary.

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 Executive Officer to keep the records of the Association and to carry on all necessary correspondence with the NATIONAL ASSOCIATION OF REALTORS® and the UTAH ASSOCIATION OF REALTORS®, and such other duties and assignments as established in the Associations policy and procedures manual.

(a) The President shall be the chief executive officer of the Cache-Rich Association of REALTORS® and shall preside at its meetings and those of the Board of Directors, between the sessions of which he/she shall represent the Association and act in its name, subject only to its declared policies. He/she and the Vice President (President Elect) shall appoint from among the REALTOR® Members all committees, including a Committee Chairman and Vice-Chairman, subject to confirmation by the Board of Directors, shall be an ex officious member of all committees, and shall perform all other duties usual to such office.

(b) The Vice President (President Elect) shall perform the duties of the President in the event of his/her absence or disability and shall have such other powers and duties as may be prescribed by the Board of Directors or the President. The Vice President (President Elect) shall succeed to the office of the President. If the office of the President should become vacant between elections, the Vice President (President Elect) shall fill the vacancy and complete the unexpired term. The Vice President (President Elect) who fills a vacancy in the office of the President shall automatically become President for a full term after completion of the unexpired term.

(c) The Executive Officer may keep the records and corporation seal of the Cache-Rich Association of REALTORS® and performs such other duties as are customary to the office, including acting as Secretary for the Board of Directors.

(d) The Treasurer shall be the Custodian of the funds and securities, and the Disbursing Officer of the Cache-Rich Association of REALTORS under the direction and approval of the Board of Directors.

Section 3. Board of Directors.

(a) The governing body of the Cache-Rich Association shall be a Board of Directors consisting of the following:
1. President
2. Vice President (President-Elect)
3. Treasurer
4. At least Four Directors elected from the REALTOR® Membership
5. One Director who is the Immediate Past President

(b) There shall be a minimum of Eight Directors with Association membership of up to 200. Thereafter there shall be one additional Director for each 50 members over 200 as of May 1st of each year to be nominated at the June Nominating Committee meeting.

(c) Directors shall be elected to serve for staggered terms of two years. Each year forward, at least two new Directors will be elected to fill vacancies. If a replacement for an unfilled Director term is needed, a REALTOR® member shall be appointed by the Board of Directors.

Section 4. Election of Officers and Directors.

(a) At the May meeting of the Board of Directors, the Association President, with the approval of the Board of Directors, shall appoint a Nominating Committee Chairman and Vice-Chairman who shall cause a Nominating Committee to be convened. The Nominating Committee shall meet within the last ten days of June. The Nominating Committee shall be composed of (1) REALTOR® from each member Brokerage. Each member Brokerage having more than eight (8) REALTORS® is entitled to (1) additional Member of the Nominating Committee for each eight (8) REALTORS® in the Brokerage. For example, a member Brokerage having 1-8 REALTORS is entitled to (1) Nominating Committee Member; a Brokerage having 9-16 REALTORS is entitled to (2) Nominating Committee Members; a Brokerage having 17-24 REALTORS is entitled to (3) Nominating Committee Members; and so on.

(b) At a meeting of the Nominating Committee at which a quorum is present , the committee shall select one (1) or more candidates for the office of President Elect and one (1) or more candidates for each place to be filled on the Board of Directors, except for the office of President, which is to be automatically filled by the past year's President-Elect and, on alternating years, one (1) or more candidates to serve as a Director for the Utah Association of REALTORS for a two year term. A quorum shall consist of those Committee Members present at the appointed hour. Any Committee Member(s) not present at the appointed hour shall be excluded from the Committee. The report of the Nominating Committee shall be announced and conspicuously displayed at the local Association Office and the Association Web page at least 30 days before the election.

(c) No nominations may be made from the floor at the annual meeting. After announcement by the Nominating Committee of the candidates nominated, the names of qualified individuals not nominated by said Committee may be placed in nomination for the position of the Officer or Director, except the office of President, by submitting to the Chairman of the Nomination Committee at least fifteen (15) days prior to the Annual Meeting, a petition signed by ten percent (10%) of the voting members of the Association, as of July 1st of the election year. Said petition shall only be signed by REALTOR® Members in good standing with the Association. Said additional nominations shall be announced and conspicuously displayed at the Association Office and on the Association web page.

(d) The election of Officers and Directors shall take place either by absentee ballot or by secret ballot. Each REALTOR ® member may obtain a ballot at the August Business meeting. If the REALTOR® member is unable to attend the August Business Meeting, absentee ballots may be obtained from the Association Office within, but not more than, thirty(30) days prior to the August Business Meeting. Absentee ballots will be accepted by the Association Executive Officer at the Association Office either by mail or in person up to twenty four (24) hours prior to the August Business Meeting. The ballot shall contain the names of all candidates and the office for which they have been nominated. All ballots will be counted at the August Business Meeting. The election results shall be announced immediately at the conclusion of the election. The newly elected Officers and Directors shall be installed at the annual business meeting of the Cache-Rich Association of REALTORS® in the month of September.

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

(f) Only REALTOR® Members may be nominated and hold office in the Cache-Rich Association of REALTORS®. President and President-Elect may be nominated only from REALTOR® Members who have served as a Director.

(g) The President-Elect shall automatically become President unless two-thirds (2/3) of those present at the Annual Meeting and qualified to vote, object, in which case two nominations from the floor of qualified candidates shall be presented to be placed on the ballot. This election shall be determined at the outset of the election.

(h) Not withstanding anything herein to the contrary, the person receiving the highest number of votes shall be elected to the office to which they are nominated. In event of a tie vote, the issue shall be determined by lot.

Section 5. Appointed Positions.
The President of the Cache-Rich Association of REALTORS, who has been elected by the membership of the Cache-Rich Association at its annual meeting, shall serve as Director for the Utah Association of REALTORS during his/her term of office. Other such appointments as are deemed necessary from time to time.

Section 6. Vacancies. Members chosen to fill vacancies among the Officers and the Board of Directors shall be appointed by majority vote of the Board of Directors. Said members shall serve until the next annual election.

Section 7. Removal of Officers and Directors. In the event an Officer or Director is deemed to be incapable of fulfilling the duties of the office, but refuses to resign, the officer or director may be removed from office under the following procedures:

(a) A petition requiring the removal of an Officer or Director and signed by not less than one-third of the voting membership of 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 to be disqualified from further service.

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

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

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