2017 MORe Bylaws Update

Below, please find proposed changes to Mainstreet Organization of REALTORS®’ Bylaws.  Members are able to provide comments related to changes that are not required by the National Association of REALTORS®.  Below you will find the sections that are proposed to be changed as well as the rationale behind the change.

Please send all member comments to kate@succeedwithmore.com. 
 

Changes to Bylaws

 
 
Article VI – Privileges and Obligations
 
Section 12. Harassment (member comment required)
 
Section 12. Harassment    
Any member of the Association may be reprimanded, placed on probation, suspended or expelled for harassment of an Association or MLS employee or Association Officer or Director after an investigation in accordance with the procedures of the Association. 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 unreasonably 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 Vice President and one member of the Board of Directors selected by the highest ranking officer not named in the complaint those members of the Executive Committee not named in the complaint, upon consultation with legal counsel for the Association. Disciplinary action may include any sanction authorized in the Association’s Code of Ethics and Arbitration Manual. If the Complaint names the President, President-Elect or Vice President any member of the Executive Committee, he, she or they may not participate in the proceedings and shall be replaced by the Immediate Past President the members of the Executive Committee not named in the complaint or, alternatively, by another member of the Board of Directors selected by the highest ranking officer not named in the complaint.
 
This section has been modified to show that disciplinary action for harassment of staff or an Officer or Director will be made by the Executive Committee not named in the complaint instead of the previously structured investigatory body consisting of the President, President Elect, and/or Vice President and one member of the Board of Directors.
 

RATIONALE

To align with actions taken by the Executive Committee in other sections of the bylaws.

 
 
 
 
 
Section 13. Conduct Detrimental to the Association; Sanctions (member comment required)
 
Section 13 – Conduct Detrimental to the Association; Sanctions
 
The Executive Committee may take the following actions on behalf of the Association:
 
A)    Reprimand, place on probation, suspend or expel any member convicted of a felony or misdemeanor if the crime, in the determination of the members of the Executive Committee (except for any member of the Executive Committee so convicted), relates to the real estate business or puts clients, customers, or other real estate professionals at risk.  The Association may refuse to sell or lease lock box keys, may terminate any existing key agreements, may refuse to activate or reactivate any key held by such member or may deny to such member access to any technology developed now or in the future that relates to having or gaining access to real estate by or through such multiple listing service or services with which the Association maintains or shall maintain a business relationship now or in the future.
 
B)    Suspend any one or all of the privileges of any member to have access to or to use lock box keys, or terminate any existing key agreements, or refuse to activate or reactivate any key held by such member, or deny to such member access to any technology developed now or in the future that relates to having or gaining access to real estate by or through such multiple listing service or services with which the Association maintains or shall maintain a business relationship now or in the future, following the arrest and prior to the conviction of such member of any felony or misdemeanor if the crime, in the determination of the members of the Executive Committee (except for any member of the Executive Committee so arrested), relates to the real estate business or puts clients, customers, or other real estate professionals at risk.
 
C)    Factors that may be considered by the Executive Committee in making a determination described in paragraphs 13 A) and 13 B) above include, but are not limited to:
 
1)    The nature of the seriousness of the alleged conduct;
2)    The relationship of the conduct to the purposes for limiting access to real estate or to the technology for accessing real estate;
3)    The extent to which access or continued access to real estate or to the technology for accessing real estate might afford opportunities to engage in similar activities of a criminal nature;
4)    The extent and nature of past activities of a criminal nature;
5)    The length of time in which the alleged criminal activities have or had occurred;
6)    Evidence of rehabilitation of such member during incarceration or following release;
7)    Evidence of present fitness of such member.
 
A)    This section has been added to allow MORe to place on probation, suspend or expel any member convicted of a felony or misdemeanor if the crime is considered by the Executive Committee to be related to the real estate business or puts clients, customers or other real estate professionals at risk. This section further states that MORe will be able to terminate any existing lock box key agreements and can refuse to sell or lease lock box keys based on these concerns.
 
B)    This section has been added to further allow for the suspension of access to any technology available now or in the future of any member who may have been arrested, and prior to a conviction, if the Executive Committee finds that the action relates to the real estate business or puts clients, customers, or other real estate professionals at risk.
 
C)    Provides the factors for the Executive Committee to make the determination to place on probation, suspend or expel any member.
 

RATIONALE

Members might recall a situation MORe faced in late 2016 where a member was arrested for allegedly stealing personal property during showings.  This addition to the bylaws will allow MORe to act swiftly regarding a member’s membership and access if the nature of an allegation is deemed to put clients, customers, or other real estate professionals at risk.

 


 
 

 

Article VII – Professional Standards and Arbitration

Section 4. (member comment required)

Section 4.
The responsibility of the Association and of Association members relating to the enforcement of the SentriLock System, the disciplining of members and procedures incidental thereto, shall be governed by the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®, as from time to time amended, which by reference is made a part of these Bylaws.
 
Members agree to abide by the following requirements of the SentriLock User Agreement:
(A)    To keep the SentriCard in SentriLock User’s possession or in a secure place at all times;
(B)    To not allow the User’s PIN Number (or personal ID Number) to be attached to the SentriCard;
(C)    To not provide access to the User’s SentriCard to any other person, for any purpose whatsoever, or permit the SentriCard to be used for any purpose by any other person (i.e. licensed or unlicensed assistant(s), co-lister(s), team member(s) etc.);
(D)    To follow any additional security procedures as may be specified by MORe;
(E)    To ensure One Day Codes are only given as previously approved by the seller;
(F)    To be the only person to use a One Day Code and to take responsible steps to ensure security of that code;
(G)    To review Mainstreet Organization of REALTORS®’ Best Practices for Issuing One Day Codes;
(H)    To be responsible in communicating said best practices to any third-party showing service and that to be responsible for the actions of any third-party showing service;
(I)    To not provide access to the SentriSmart App to any other person, for any purpose whatsoever, or permit the SentriSmart App to be used for any purpose by any other person (i.e. licensed or unlicensed assistant(s), co-lister(s), team member(s) etc.);
(J)    To not provide any mobile access code for any lockbox to any other person;
(K)    To secure the prior authorization from an owner or tenant of any property listed for sale or lease prior to the installation and use of a lockbox on said property.
 
This section adds the SentriLock Agreement and Notice to the bylaws.
 

RATIONALE

Instead of having each Mainstreet member agree to and sign a SentriLock Agreement and Notice, the addition of the agreement and its terms in the bylaws makes them a membership requirement.  Allegations of a violation of the agreement will be subject to a hearing before the Professional Standards Committee.

 
 
 
 

Article X – Dues and Assessments

 
Section 9. Certification of REALTORS® (member comment required)
 
Section 9.  Certification of REALTORS®
Each Designated REALTOR® Member of the Association shall certify to the Association annually on a form provided by the Association a complete listing of all individuals licensed with the Designated REALTOR® Member firm within the state and shall designate a primary association /board for each individual.  These declarations shall be used for purposes of calculating dues under Article X, Section 2, Part a, of the Bylaws.  Designated REALTOR® Members shall also notify the Association of the affiliation of any licensee with the firm or of the severance of affiliation of any licensee with the firm within ten (10) days of the affiliation or severance of affiliation.
 
This section removes the annual requirement to certify individuals licensed with the Designated REALTOR® which are used to calculate dues.
 

RATIONALE

MORe requests this on a monthly basis from Designated REALTORS®, therefore, the annual certification is no longer necessary.