Cache-Rich Association of REALTORS®

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  •  » Article XV
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  •  » Article XVII
  •  » Article XVIII
• Code Of Ethics

Article XVIII

MLS Related Services Task Force operating as a Task Force of the Association

Section 1. The Association President with the approval of the Board of Directors shall appoint an MLS Related Services Task Force of five or more REALTOR® members, including the President Elect. At least 50% of the Task Force members shall be Brokers, Branch Brokers or Principles of Firms affiliated with the Cache-Rich Association of REALTORS®. All Task Force members shall serve a term of two years, except the President Elect, who shall serve a term of one year.

(a) Subject to a contractual agreement for MLS Services between the Cache-Rich Association of REALTORS® and Wasatch Front Regional Multiple Listing Services, (WFRMLS), the MLS Related Services Task Force shall appoint from its members two REALTOR® Members to serve on the WFRMLS Advisory Committee for the terms as set forth by the WFRMLS Board of Directors.

(b) Services provided by the MLS Related Services Task Force shall be as set forth in the Association Policies & Procedures Manual.

Section 2. The Association President with the approval of the Board of Directors, may choose to develop and/or maintain a Multiple Listing Service at the appointed time as deemed necessary, subject to the Bylaws of the Cache-Rich Association of REALTORS®, and adopt such MLS Rules and Regulations as may be necessary.

Membership Policy Statements Approved By the Board of Directors of the NATIONAL ASSOCIATION OF REALTORS®, adopted into the Cache-Rich Association of REALTORS® Policy Manual September 4, 1996

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

Statements of Membership Policy Related to Implementation of Board of Choice

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

1. The primary board 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" board any board in the state where the firm maintains a "Designated" REALTOR®.
2. Membership shall be available in a secondary board on terms and conditions no more stringent than the requirements established in the board'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 board without any requirement that the Designated REALTOR® they are licensed or affiliated with hold membership in the secondary board. Board dues shall not include a national allocation since NAR dues have been paid through the member's primary board. A state allocation may only be included if the member's primary board is located in a different state.
3. REALTORS® shall be entitled to purchase services from boards other than their primary board without the necessity of holding membership in those boards. Service fees will be determined by the individual boards. (Adopted 2/94; Amended 11/96 & 5/01)

Concerning Board of Choice Across State Lines

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

Members may join a primary board across contiguous state lines. State association membership would be in the state where primary board membership is held.

Portability of Membership Records (Files)

In order to facilitate timely processing of applications for membership and to assist association 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 application 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).

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 Board/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 estate 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 board 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)