BACKGROUND & PROPOSED AMENDMENTS
1)
Our association represents #539 REALTOR® members and over 200 Affiliate members. Leadership recommends reducing the REALTOR® Director count from ten (10) to nine (9) and adding one (1) non-voting Affiliate representative to provide that perspective of our membership missing from the BOD meeting discussions. NCAOR's State Directors will also be noticed to attend BOD meetings to provide reports and a stronger nexus with the state organization.
Article X, Section 3. Board of Directors.
The governing body of the A.O.R. shall be a Board of Directors consisting of the elected officers, the immediate past President of the Board, and
ten (10)
9) elected
REALTORS®
members of the A.O.R. All directors including the elected officers have one vote.
Note: NCAOR members currently serving as C.A.R. Directors and one (1) NCAOR Affiliate member are noticed to attend the NCAOR Board of Directors meetings as non-voting association representatives for one (1) year terms.
2)
Due to Covid-19 and associated disruption in our industry and association business operation, leadership sought counsel to provide better continuity for our organization moving forward into 2021. Leadership felt it was in the best interest of the organization to extend its Officer terms one (1) year to achieve effective and efficient best practices.
Article X. Section 9. Extension of Terms. Notwithstanding anything to the contrary contained herein, for the year 2021, the officers of the corporation shall be the same officers serving in 2020 and no election shall take place in 2020 for the selection of officers
with the exception of an officer opting out of serving further and the position(s) slated by the nominating committee.
3) Our association no longer owns its MLS and now acts as a service center to a regional MLS. Bylaws language requires revision.
ARTICLE XVII - MULTIPLE LISTING SERVICE
(Notice of Required Revision Due to Change in Service Ownership)
Section 1. Authority and Governing MLS Rules. The A.O.R. may maintain for the use of licensed real estate brokers and salespersons, and licensed or certified appraisers, a Multiple Listing Service ("MLS") which shall be subject to the Bylaws of the A.O.R. and the California Model MLS Rules as from time to time amended by C.A.R., which are hereby incorporated by reference and such additional local MLS Rules and Regulations as may be hereinafter adopted by the Board of Directors. In the event of a conflict between the California Model MLS Rules and the local MLS Rules and Regulations, the local MLS Rules and Regulations will control.
Section 2. Purpose. A Multiple Listing Service is a means by which authorized MLS broker participants establish legal relationships with other participants by making a blanket unilateral contractual offer of compensation and cooperation to other broker participants; by which information is accumulated and disseminated to enable authorized participants to prepare appraisals and other valuations of real property; 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 among the participants so that they may better serve their clients and the public.
Section 3. MLS Committee. The A.O.R. President shall appoint, subject to the confirmation of the Board of Directors, an MLS Committee of REALTOR® members. All members of the committee shall be MLS participants or subscribers. The President shall select the MLS Committee chair and vice chair from among the MLS Committee members. The actions of the MLS Committee are subject to the approval of the Board of Directors.
Section 4. Access to Comparable and Statistical Information. Providing the MLS generates such publications, A.O.R. members who are actively engaged in real estate brokerage, management, mortgage financing, appraising, land development or building, but who do not participate in the MLS, are nonetheless entitled to receive, by purchase or lease, information other than current listing information that is generated wholly or in part by the MLS including "comparable" information, "sold" information and statistical reports. This information is provided for the exclusive use of A.O.R. members and individuals affiliated with A.O.R. members who are also engaged in the real estate business. Except as otherwise specified in the MLS Rules and Regulations, this information may not be transmitted, retransmitted or provided in any manner to any unauthorized individual, office or firm. A.O.R. members who receive such information are subject to the applicable provisions of the MLS Rules and Regulations whether they participate in the MLS or not.
Section 1. Independent MLS. NCAOR may maintain for the use of licensed real estate brokers and salespersons, and licensed or certified appraisers an MLS which shall be subject to the Bylaws of NCAOR and such Rules as may be hereinafter adopted.
Section 2. Regional MLS. NCAOR may join with other Associations to participate in or form a Regional MLS under terms and conditions established by the Board of Directors. If NCAOR participates in a Regional MLS, the provisions of Section 1 of this Article shall not apply.
Section 3. MLS Committee. The A.O.R. President shall appoint, subject to the confirmation of the Board of Directors, a MLS Committee of REALTOR® members. All members of the committee shall be MLS participants or subscribers. The President shall select the MLS Committee chair from among the MLS Committee members. The recommendations of the MLS Committee are subject to the approval of the Board of Directors.
