Bylaws. Greater Central Louisiana REALTORS Association

Transcription

1 Bylaws Greater Central Louisiana REALTORS Association Septeber 14, 2018 Bylaws of the Greater Central Louisiana REALTORS Association Sections in these Bylaws are designated by the following codes: R O L andatory rules as required NAR. odel rules as required by the NAR odel Bylaws for Local eber Boards Recoended rules by the NAR odel Bylaws for Local eber Boards Optional rules by the NAR odel Bylaws for Local eber Boards Local rules drafted and adopted by the GCLRA Board of Directors *All days are considered calendar days unless specified as business days. (9/17) Septeber 14,

2 Article I - Nae Section 1. Nae. The nae of this organization shall be the Greater Central Louisiana REALTORS Association, Incorporated, hereinafter referred to as the "Association." Section 2. REALTORS. Inclusion and retention of the Registered Collective ebership ark REALTORS in the nae of the Association shall be governed by the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS as fro tie to tie aended. Article II-Objectives The objectives of the Association are: Section 1. To unite those engaged in the recognized branches of the real estate profession for the purpose of exerting a beneficial influence upon the profession and related interests. Section 2. To proote and aintain 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 ediu for real estate owners and those engaged in the real estate profession whereby their interests ay be safeguarded and advanced. Section 4. To further the interests of hoe and other real property ownership. Section 5. To unite those engaged in the real estate profession in this counity with the Louisiana REALTORS and the NATIONAL ASSOCIATION OF REALTORS, thereby furthering their own objectives throughout the state and nation, and obtaining the benefits and privileges of ebership therein. Section 6. To designate, for the benefit of the public, individuals authorized to use the ters REALTOR and REALTORS as licensed, prescribed, and controlled by the NATIONAL ASSOCIATION OF REALTORS. Article III Jurisdiction Section 1. The territorial jurisdiction of the Association as a eber of the NATIONAL ASSOCIATION OF REALTORS are the parishes of Allen, Avoyelles, Catahoula, Evangeline, Grant, LaSalle, Rapides, Natchitoches and Winn in Louisiana. Section 2. Territorial jurisdiction is defined to ean: (a) The right and duty to control the use of the ters REALTOR and REALTORS, subject to the conditions set forth in these Bylaws and those of the NATIONAL ASSOCIATION OF REALTORS, in return for which the Association agrees to protect and safeguard the Septeber 14,

3 property rights of the National Association in the ters. Article IV ebership Section 1. There shall be six classes of ebers: (a) REALTOR ebers. REALTOR ebers, whether priary or secondary shall be: Individuals who, as sole proprietors, partners, corporate officers, or branch office anagers, are engaged actively in the real estate profession, including buying, selling, exchanging, renting or leasing, anaging, appraising for others for copensation, counseling, building, developing or subdividing real estate, and who aintain or are associated with an established real estate office in the state of Louisiana 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 the state or a state contiguous thereto shall qualify for REALTOR ebership only, and each is required to hold REALTOR ebership (except as provided in the following paragraph) in an association of REALTORS within the state or a state contiguous thereto unless otherwise qualified for Institute Affiliate ebership. In the case of a real estate fir, partnership, or corporation, whose business activity is substantially all coercial, only those principals actively engaged in the real estate business in connection with the sae office, or any other offices within the jurisdiction of the Association in which one of the fir's principals holds REALTOR ebership, shall be required to hold REALTOR ebership unless otherwise qualified for Institute Affiliate ebership. (Aended 1/01) Individuals who are engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office anagers and are associated with a REALTOR eber and eet the qualifications. Franchise REALTOR ebership. Corporate officers (who ay 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 coonwealth of Puerto Rico, elected to ebership pursuant to the provisions in the NAR Constitution and Bylaws. Such individuals shall enjoy all of the rights, privileges and obligations of REALTOR ebership (including copliance with the Code of Ethics) except: obligations related to association-andated education, eeting attendance, or indoctrination classes or other siilar requireents; the right to use the ter REALTOR in connection with their franchise organization's nae; and the right to hold elective office in the local Association, state Association and National Association. Priary and Secondary REALTOR ebers. An individual is a priary eber if the association pays state and National dues based on such eber. An individual is a secondary eber if state and National dues are reitted through another association. One of the principals in a real estate fir ust be a Designated REALTOR eber of the association in order for licensees affiliated with the fir to select the association as their "priary" association. Septeber 14,

4 Designated REALTOR ebers. Each fir (or office in the case of firs with ultiple office locations) shall designate in writing one REALTOR eber who shall be responsible for all duties and obligations of ebership, including the obligation to arbitrate (or ediate if required by the association) pursuant to Article 17 of the Code of Ethics and the payent of association. The "Designated REALTOR " ust be a sole proprietor, partner, corporate officer, or branch office anager acting on behalf of the fir's principal(s), and ust eet all other qualifications for REALTOR ebership. (b) Institute Affiliate ebers. Institute Affiliate ebers 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 ebership in such Institute, Society or Council that confers the right to hold office. Any such individual, if otherwise eligible, ay elect to hold REALTOR or REALTOR-ASSOCIATE ebership, subject to payent of applicable dues for such ebership. (c) Affiliate ebers. Affiliate ebers shall be real estate owners and other individuals or firs who, while not engaged in the real estate profession as defined in paragraphs (a) or (b) of this Section, have interest requiring inforation concerning real estate, and are in sypathy with the objectives of the Association. (d) Public Service ebers. Public Service ebers shall be individuals who are interested in the real estate profession as eployees of or affiliated with educational, public utility, governental or other siilar organizations, but are not engaged in the real estate profession on their own account or in association with an established real estate business. (e) Honorary ebers. Honorary ebers shall be individuals not engaged in the real estate profession who have perfored notable service for the real estate profession, for the Association, or for the public. (f) Student ebers. Student ebers shall, be individuals who are seeking an undergraduate or graduate degree with a specialization or ajor in real estate at institutions of higher learning, and who have copleted at least two years of college and at least one college level course in real estate, but are not engaged in the real estate profession on their own account or not associated with an established real estate office. Article V - Qualification and Election Section 1: Qualification (a) An applicant for REALTOR ebership who is a sole proprietor, partner, corporate officer, or branch office anager of a real estate fir shall supply evidence satisfactory to the association through its ebership Coittee or otherwise that he/she is actively engaged in the real estate profession, and aintains 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 the state or a state contiguous thereto (unless a secondary eber), has no record of recent or pending bankruptcy*, has no record of Septeber 14,

5 official sanctions involving unprofessional conduct**, agrees to coplete a course of instruction covering the Bylaws and Policies and Procedures of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS, and shall pass such reasonable and nondiscriinatory written exaination thereon as ay be required by the Coittee, and shall agree that if elected to ebership, he will abide by such Constitution, Bylaws, Policies and Procedures, and Code of Ethics. *No recent or pending bankruptcy is intended to ean that the applicant or any real estate fir in which the applicant is a sole proprietor, general partner, corporate officer, or branch office anager, is not involved in any pending bankruptcy or insolvency proceedings or, has not been adjudged bankrupt in the past three (3) years. If a bankruptcy proceeding as described above exists, ebership ay not be rejected unless the Association establishes that its interests and those of its ebers and the public could not be adequately protected by requiring that the bankrupt applicant pay cash in advance for Association and LS fees for up to one (1) year fro the date that ebership is approved or fro the date that the applicant is discharged fro bankruptcy (whichever is later). In the event that an existing eber initiates bankruptcy proceedings, the eber ay be placed on a "cash basis" fro the date that bankruptcy is initiated until one (1) year fro the date that the eber has been discharged fro bankruptcy. ** No record of official sanctions involving unprofessional conduct is intended to ean that the Association ay only consider: 1. judgents 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. 2. Criinal convictions if (1) the crie was punishable by death or iprisonent in excess of one year under the law under which the applicant was convicted, and (2) no ore than ten (10) years have elapsed since the date of the conviction or the release of the applicant fro the confineent iposed for that conviction, whichever is the later date. L NOTE: Article IV, Section 2 of the NAR Bylaws prohibits eber Boards fro knowingly granting REALTOR ebership to any application who has an unfulfilled sanction pending which was iposed by another association of REALTORS for violation of the Code of Ethics. (b) Individuals who are actively engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office anagers in order to qualify for REALTOR ebership, shall at the tie of application, be associated either as an eployee or as an independent contractor with a Designated REALTOR eber of the Association or a Designated REALTOR eber of another Association (if a secondary eber) and ust aintain 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, has no record of official sanctions involving unprofessional conduct*,shall coplete a course of instruction covering the Bylaws and Policies and Procedures of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS, and shall pass such reasonable and nondiscriinatory written exainations thereon as ay be required by the Board of Directors and shall agree in writing that if elected to ebership he will abide by such Constitution, Bylaws, Policies and Procedures, and the Code of Ethics. Septeber 14,

6 *No record of official sanctions involving unprofessional conduct is intended to ean that the Association ay only consider: 1. judgents 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. 2. Criinal convictions if (1) the crie was punishable by death or iprisonent in excess of one year under the law under which the applicant was convicted, and (2) no ore than ten (10) years have elapsed since the date of the conviction or the release of the applicant fro the confineent iposed for that conviction, whichever is the later date. L (c) The Association will also consider the following in deterining an applicant s qualifications for REALTOR ebership: 1. All final findings of Code of Ethics violations and violations of other ebership duties in this or any other REALTOR association within the past three (3) years 2. Pending ethics coplaints (or hearings) 3. Unsatisfied discipline pending 4. Pending arbitration requests (or hearings) 5. Unpaid arbitration awards or unpaid financial obligations to any other association or association LS 6. Any isuse of the ter REALTOR or REALTORS in the nae of the applicant s fir "Provisional ebership ay be granted in instances where, ethics coplaints or arbitration requests (or hearings) are pending in other associations or where the applicant for ebership has unsatisfied discipline pending in another association (except for violations of the Code of Ethics; see Article V, Section 1(a) Note), provided all other qualifications for ebership have been satisfied Associations ay reconsider the ebership status of such individuals when all pending ethics and arbitration atters (and related discipline)have been resolved or if such atters are not resolved within six (6) onths fro the date that provisional ebership is approved. L Provisional ebers shall be considered REALTORS and shall be subject to all of the sae privileges and obligations of REALTOR ebership. If a eber resigns fro another association with an ethics coplaint or arbitration request pending, the Association ay condition ebership on the applicant's certification that he/she will subit to the pending ethics or arbitration proceeding (in accordance with the established procedures of the association to which the applicant has ade application) and will abide by the decision of the hearing panel. L Section 2. Application (a) An application for ebership shall be ade in such anner and for as ay be prescribed by the Board of Directors and ade available to anyone requesting it. The application for shall contain aong the stateents to be signed by the applicant: (1) that applicant agrees as a condition to ebership to thoroughly failiarize hiself with the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS, the Constitutions, Bylaws, and Rules and Regulations of the Association, the State and National Associations, and if elected a eber, will abide by the Constitutions and Bylaws and Rules and Regulations of the Association, State and National Associations, and if a REALTOR Septeber 14,

7 eber, will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS including the obligation to arbitrate controversies arising out of real estate transactions as specified by Article 17 of the Code of Ethics, and as further specified in the Code of Ethics and Arbitration anual of the NATIONAL ASSOCIATION OF REALTORS, as fro tie to tie aended; and (2) that applicant consents that the Association, through its ebership Coittee or otherwise*, ay invite and receive inforation and coent about applicant fro any eber or other persons, and that applicant agrees that any inforation and coent furnished, to the Association by any person, in response to the invitation shall be conclusively deeed to be privileged and not for the basis of any action for slander, libel, or defaation of character. The applicant shall, with the for of application, have access to a copy of the Bylaws, Constitution, Rules and Regulations, and Code of Ethics referred to above. Section 3. Election The procedure for election to ebership shall be as follows: (a) The chief staff executive (or duly authorized designee) shall deterine whether the applicant is applying for the appropriate class of ebership. If the association has adopted provisional ebership, applicants for REALTOR ebership ay be granted provisional ebership iediately upon subission of a copleted application for and reittance of applicable association dues and any application fee. Provisional ebers shall be considered REALTORS and shall be subject to all of the sae privileges and obligations of ebership. Provisional ebership is granted subject to final review of the application by the Board of Directors. (b) If the Board of Directors deterines that the individual does not eet all of the qualifications for ebership as established in the association's Bylaws, or, if the individual does not satisfy all of the requireents of ebership (for exaple, copletion of a andatory orientation progra) within 90 days fro the association's receipt of their application, ebership ay, at the discretion of the Board of Directors, be terinated. The Board of Directors shall vote on the applicant's eligibility for ebership. If the applicant receives a ajority vote of the Board of Directors, he/she shall be declared elected to ebership and shall be advised by written notice. (c) The Board of Directors ay not reject an application without providing the applicant with advance notice of the findings, an opportunity to appear before the Board of Directors, to call witnesses on his/her behalf, to be represented by counsel, and to ake such stateents as he/she dees relevant. The Board of Directors ay also have counsel present. The Board of Directors shall require that written inutes be ade of any hearing before it or ay electronically or echanically record the proceedings. (d) If the Board of Directors deterines that the application should be rejected, it shall record its reasons with the chief staff executive (or duly authorized designee). If the Board of Directors believes that denial of ebership to the applicant ay becoe the basis of litigation and a clai of daage by the applicant, it ay specify that denial shall becoe effective upon entry in a suit by the Association for a declaratory judgent by a court of copetent jurisdiction of a final Septeber 14,

8 judgent declaring that the rejection violates no rights of the applicant. (Adopted 1/98, Aended 1/05, 3/17) Section 4. New eber Code of Ethics Orientation. Applicants for REALTOR ebership and provisional REALTOR ebers (where applicable) shall coplete an orientation progra on the Code of Ethics of not less than two (2) hours and thirty (30) inutes of instructional tie. This requireent does not apply to applicants for REALTOR ebership or provisional ebers who have copleted coparable orientation in another association, provided that REALTOR ebership has been continuous, or that any break in ebership is for one year or less. Failure to satisfy this requireent within 90 days of the date of application (or, alternatively, the date that provisional ebership was granted), will result in denial of the ebership application or terination of provisional ebership. NOTE: Orientation progras ust eet the learning objectives and iniu criteria established fro tie to tie by the NATIONAL ASSOCIATION OF REALTORS. Section 5. Continuing REALTOR Code of Ethics Training. Effective January 1, 2017, through Deceber 31, 2018, and for successive two (2) year periods thereafter, each REALTOR eber of the association (with the exception of REALTOR ebers granted REALTOR Eeritus status by the National Association) shall be required to coplete ethics training of not less than two (2) hours and thirty (30) inutes of instructional tie. This requireent will be satisfied upon presentation of docuentation that the eber has copleted 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 eets the learning objectives and iniu criteria established by the NATIONAL ASSOCIATION OF REALTORS fro tie to tie. REALTOR ebers who have copleted training as a requireent of ebership in another association and REALTOR ebers who have copleted the New eber Code of Ethics Orientation during any two (2)-year cycle shall not be required to coplete additional ethics training until a new two (2)- year cycle coences. Failure to satisfy the required periodic training shall be considered a violation of a ebership duty. Failure to eet the requireent in any two (2- year cycle will result in suspension of ebership for the first two (2) onths (January and February) of the year following the end of any two (2)-year cycle or until the requireent is et, whichever occurs sooner. On arch 1 of that year, the ebership of a eber who is still suspended as of that date will be autoatically terinated. (Adopted 1/01, Aended 11/08, Aended 11/16, 3/17) Section 6 ebership Status Changes. (a) A REALTOR who changes the conditions under which he holds ebership shall be required to provide written notification to the Association within 30 days. A REALTOR (nonprincipal) who becoes a principal in the fir with which he has been licensed or, alternatively, becoes a principal in a new fir which will be coprised of REALTOR principals ay be required to satisfy any previously unsatisfied ebership requireents applicable to REALTOR (principal) ebers but shall, during the period of transition fro one status of ebership to another, be subject to all of the privileges and obligations of a REALTOR (principal). If the REALTOR (non-principal) does not satisfy the requireents established in Septeber 14,

9 these Bylaws for the category of ebership to which they have transferred within 30 days of the date they advised the Association of their change in status, their new ebership application will terinate autoatically unless otherwise so directed by the Board of Directors. A REALTOR transferring their license fro one fir coprised of REALTOR principals to another fir coprised of REALTOR principals shall be subject to all of the privileges and obligations of ebership during the period of transition. If the transfer is not copleted within 30 days of the date the Association is advised of the disaffiliation with the current fir, ebership will terinate autoatically unless otherwise so directed by the Board of Directors. (b) Any application fee related to a change in ebership status shall be reduced by an aount equal to any application fee previously paid by the applicant. (c) Dues shall be prorated fro the first day of the onth in which the eber is notified of election by the Board of Directors and shall be based on the new ebership status for the reainder of the year. ebership dues shall not be prorated if the licensee held REALTOR or REALTOR- ASSOCIATE ebership during the preceding calendar year. (Aended 11/09). L Article VI - Privileges and Obligations Section 1. The privileges and obligations of ebers, in addition to those otherwise provided in the Articles of Incorporation and Bylaws, shall be specified in this article and Policy and Procedure anual or as established by the Board of Directors. L Section 2. Any eber of the Association ay be reprianded, fined, placed on probation, suspended, or expelled by the Board of Directors for a violation of the Articles of Incorporation, Bylaws, and/or Policy and Procedures, after a hearing as provided in the Code of Ethics and Arbitration anual of the Association. Although ebers other than REALTORS are not subject to the Code of Ethics nor its enforceent by the Association, such ebers 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, ebers other than REALTORS ay, upon recoendation of the Board of Directors, or upon recoendation by a hearing panel of the Professional Standards Coittee, be subject to discipline as described above, for any conduct, which in the opinion of the Board of Directors, applied on a nondiscriinatory basis, reflects adversely on the ters 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 Association, the State Association, and the NATIONAL ASSOCIATION OF REALTORS. L Section 3. Any REALTOR eber of the Association ay be disciplined by the Board of Directors for violations of the Code of Ethics or other duties of ebership, after a hearing as described in the Code of Ethics and Arbitration anual of the Association, provided that the discipline iposed is consistent with the discipline authorized by the Professional Standards Coittee of the NATIONAL ASSOCIATION OF REALTORS as set forth in the Code of Ethics and Septeber 14,

10 Arbitration anual of the National Association. Section 4. Resignations of ebers shall becoe effective when received in writing by the Board of Directors, provided, however, that if any eber subitting the resignation is indebted to the Association for dues, fees, fines, or other assessents of the Association or any of its services, departents, divisions, or subsidiaries, the Board of Directors ay condition the right of the resigning eber to reapply for ebership upon payent in full of all such onies owed. Section 5. If a eber resigns fro the Association or otherwise causes ebership to terinate with an ethics coplaint pending, the coplaint shall be processed until the decision of the Association with respect to disposition of the coplaint is final by the Association (if respondent does not hold ebership in any other association) or by any other association in which the respondent continues to hold ebership. If an ethics respondent resigns or otherwise causes ebership in all Associations to terinate before an ethics coplaint is filed alleging unethical conduct occurred while the respondent was a REALTOR, the coplaint, once filed, shall be processed until the decision of the association with respect to disposition of the coplaint is final. In any instance where an ethics hearing is held subsequent to an ethic respondent s resignation or ebership terination, any discipline ratified by the Board of Directors shall be held in abeyance until such tie as the respondent rejoins an association of REALTORS.(Aended 3/17) (a) If a eber resigns or otherwise causes ebership to terinate, the duty to subit to arbitration (or to ediation if required by the association) continues in effect even after ebership lapses or is terinated, provided that the dispute arose while the forer eber was a REALTOR. Section 6. Privileges of REALTOR ebers. REALTOR ebers, whether priary or secondary, in good standing whose financial obligations to the association are paid in full shall be entitled to vote and to hold elective office in the association; ay use the ters REALTOR and REALTORS ; and have the priary responsibility to safeguard and proote the standards, interests, and welfare of the association and the real estate profession. (a) If a REALTOR eber is a sole proprietor in a fir, a partner in a partnership or an officer in a corporation and is suspended or expelled, the fir, partnership, or corporation shall not use the ters REALTOR or REALTORS in connection with its business during the period of suspension, or until readission to REALTOR ebership, or unless connection with the fir, partnership, or corporation is severed, whichever ay apply. The ebership of all other principals, partners, or corporate officers shall suspend or terinate during the period of suspension of the disciplined eber, or until readission of the disciplined eber, or unless connection of the disciplined eber with the fir, partnership, or corporation is severed, whichever ay apply. Further, the ebership of REALTORS other than principals who are Eployed by or affiliated as independent contractors with the disciplined eber shall suspend or terinate during the period of suspension of the disciplined eber or until readission of the disciplined eber or until connection of the disciplined eber with the fir, partnership, or corporation, is severed, or unless the REALTOR eber (non-principal) elects to sever his connection with the REALTOR and affiliate with another REALTOR eber in good standing Septeber 14,

11 in the Association, whichever ay apply. If a REALTOR eber who is other than a principal in a fir, partnership, or corporation is suspended or expelled, the use of the ters REALTOR or REALTORS by the fir, partnership, or corporation shall not be affected. (b) In any action taken against a REALTOR eber for suspension or expulsion under Section 6(a) hereof, notice of such action shall be given, to all REALTORS eployed by or affiliated as independent contractors with such REALTOR eber and they shall be advised that the provisions in Article VI, Section 6(a) apply. Section 7. Institute Affiliate ebers. Institute Affiliate ebers shall have rights and privileges and be subject to obligations prescribed by the Board of Directors consistent with the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS. NOTE: Local associations establish the rights and privileges to be conferred on Institute Affiliate ebers except that no Institute Affiliate eber ay be granted the right to use the ter 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 ultiple Listing Service. Section 8. Affiliate ebers. Affiliate ebers shall have rights and privileges and be subject to obligations prescribed by the Board of Directors. Section 9. Public Service ebers. Public Service ebers shall have rights and privileges and be subject to obligations prescribed by the Board of Directors. Section 10. Honorary ebers. Honorary ebership shall confer only the right to attend eetings and participate in discussions. Section 11. Student ebers. Student ebers shall have rights and privileges and besubject to obligations prescribed by the Board of Directors. Section 12. Certification by REALTOR. "Designated" REALTOR ebers of the Association shall certify to the Board of Directors or its designee, during the onth of Deceber on a for provided by the Association, a coplete listing of all individuals licensed or certified in the REALTOR 's office(s) and shall designate a priary Association for each individual who holds ebership. Designated REALTORS shall also identify any non-eber licensees in the REALTOR 's office(s) and if Designated REALTOR dues have been paid to another Association based on said non-eber licensees, the Designated REALTOR shall identify the Association to which dues have been reitted. These declarations shall be used for purposes of calculating dues under Article X, Section 2(a) of the Bylaws. "Designated" REALTOR ebers shall also notify the Association of any additional individual(s) licensed or certified with the fir(s) within 5 days of the date of affiliation or severance of the individual. Section 13. Legal Liability Training. Within two (2) years of the date of election to ebership, and every two (2) years thereafter, each REALTOR eber of the association shall be required Septeber 14,

12 to deonstrate that they have copleted a course of instruction on anti-trust laws, agency laws, civil rights laws or the REALTORS Code of Ethics, its interpretation and eaning and/or the procedures related to its enforceent. This requireent will be considered satisfied upon presentation of evidence that the eber has copleted an educational progra conducted by another eber Board, the State Association of REALTORS, the NATIONAL ASSOCIATION OF REALTORS or any of its affiliated institutes, societies or councils, or any other recognized educational institution which, in the opinion of the Board of Directors, is an adequate substitute for the training progras conducted by the association. Failure to satisfy this requireent biennially will result in ebership being suspended fro the date it otherwise would be renewed until such tie that the eber provides evidence of copletion of the aforeentioned educational requireents. NOTE: Any educational requireent ust coply with Interpretation No. 37 of Article 1, Section 2, Bylaws, NATIONAL ASSOCIATION OF REALTORS. Section 14. Harassent. Any eber of the Association ay be reprianded, placed on probation, suspended or expelled for harassent of an Association or LS eployee or Association Officer, Director or LS Coittee eber, appointed Chair acting in his official capacity or any eber during as association function or on association preises, after an investigation in accordance with the procedures of the Association. As used in this Section, harassent eans any verbal or physical conduct including threatening or obscene language, unwelcoe sexual advances, stalking, actions including strikes, shoves, kicks, or other siilar physical contact, or threats to do the sae, or any other conduct with the purpose or effect of unreasonably interfering with an individual's work perforance by creating a hostile, intiidating or offensive work environent. The decision of the appropriate disciplinary action to be taken shall be ade by the investigatory tea coprised of the President, and President-elect and/or Secretary and one eber of the Board of Directors selected by the highest ranking officer not naed in the coplaint, upon consultation with legal counsel for the Association. Disciplinary action ay include any sanction authorized in the Association s Code of Ethics and Arbitration anual. If the coplaint naes the President, President-Elect or Secretary, they ay not participate in the proceedings and shall be replaced by the Iediate Past President or, alternatively, by another eber of the Board of Directors selected by the highest ranking officer not naed in the coplaint. (Aended 5/03) L NOTE: Suggested procedures for processing coplaints of sexual harassent are available online through or fro the Association and LS Governance Tea. (Aended 5/08) Article VII - Professional Standards and Arbitration Section 1. The responsibility of the Association and of association ebers relating to the enforceent of the Code of Ethics, the disciplining of ebers and the arbitration of disputes, and the organization and procedures incident thereto, shall be governed by the Code of Ethics and Arbitration anual of the NATIONAL ASSOCIATION OF REALTORS, as aended fro tie to tie, which is by this reference incorporated into these Bylaws, provided, however, that any provision deeed inconsistent with state law shall be deleted or aended to coply with state law. Septeber 14,

13 Section 2. Obligations of REALTOR ebers. It shall be the duty and responsibility of every REALTOR eber to this association to abide by the Articles of Incorporation and Bylaws and policies and procedures of the Association, the Constitution and Bylaws of the State Association, the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS, including the duty to ediate or arbitrate controversies arising out of real estate transactions as specific by Article 17 of the Code of Ethics, and as further defined and in accordance with the procedures set forth in the Code of Ethics and Arbitration anual of this association, as fro tie to tie aended. Section 3. Discipline of REALTOR ebers. Any REALTOR eber of the association ay be disciplined by the board of directors for violations of the Code of Ethics or other duties of ebership, after a hearing as described in the Code of Ethics and Arbitration anual of the association, provided that the discipline iposed is consistent with the discipline authorized by the Professional Standards Coittee of the NATIONAL ASSOCIATION OF REALTORS as set forth in the Code of Ethics and Arbitration anual of the National Association. Section 4. Enforceent of the Code. The responsibility of the association and of association ebers relating to the enforceent of the Code of Ethics, the disciplining of ebers, and the arbitration of disputes, and the organization and procedures incident thereto, shall be governed by the Code of Ethics and Arbitration anual of the NATIONAL ASSOCIATION OF REALTORS, as aended fro tie to tie, which is by this reference incorporated into these Bylaws, provided, however, that any provision deeed inconsistent with state law shall be deleted or aended to coply with state law. Article VIII - Use of the Ters REALTOR and REALTORS REALTOR Tradeark. Inclusion and retention of the Registered Collective ebership ark REALTORS in the nae of the association shall be governed by the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS as fro tie to tie aended. Use of the ters REALTOR and REALTORS by ebers shall, at all ties, 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 association shall have the authority to control, jointly and in full cooperation with the NATIONAL ASSOCIATION OF REALTORS, use of the ters within its jurisdiction. Any isuse of the ters by ebers is a violation of a ebership duty and ay subject ebers to disciplinary action by the Board of Directors after a hearing provided for in the Association s Code of Ethics and Arbitration anual (Aended 06/2006) REALTOR ebers of the association shall have the privilege of using the ters REALTOR and REALTORS in connection with their places of business within the state or a state contiguous thereto so long as they reain REALTOR ebers in good standing. No other class of ebers shall have this privilege. A REALTOR principal eber ay use the ters REALTOR and REALTORS only if all the principals of such fir, partnership, or corporation who are actively engaged in the real estate Septeber 14,

14 profession within the state or a state contiguous thereto are REALTOR ebers or institute Affiliate ebers. In the case of a REALTOR principal eber whose business activity is substantially all coercial, the right to use the ter REALTOR or REALTORS shall be liited to office locations in which a principal, holds REALTOR ebership. If a fir, partnership, or corporation operates additional places of business in which no principal holds REALTOR ebership, the ter REALTOR or REALTORS ay not be used in any reference to those additional places of business. Institute Affiliate ebers shall not use the ters REALTOR or REALTORS, nor the iprint of the eble seal of the NATIONAL ASSOCIATION OF REALTORS. Article IX - State and National eberships The Association shall be a eber of the NATIONAL ASSOCIATION OF REALTORS and the Louisiana REALTORS Association. By reason of the Association's ebership, each REALTOR eber of the eber association shall be entitled to ebership in the NATIONAL ASSOCIATION OF REALTORS and the Louisiana REALTORS Association without further payent of dues. The association shall continue as a eber of the State and National Associations, unless by a ajority vote of all of its REALTOR ebers, decision is ade to withdraw, in which case the State and National Associations shall be notified at least one onth in advance of the date designated for the terination of such ebership. The Association recognizes the exclusive property rights of the NATIONAL ASSOCIATION OF REALTORS in the ters REALTOR and REALTORS. The Association shall discontinue use of the ters in any for in its nae, upon ceasing to be a eber of the National Association, or upon a deterination by the Board of Directors of the National Association that it has violated the conditions iposed upon the ters. The Association adopts the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS and agrees to enforce the Code aong its REALTOR ebers. The Association and all of its ebers agree to abide by the Constitution, Bylaws, Rules and Regulations, and policies of the National Association. Article X - Dues and Assessents Section 1. Application Fee. The Board of Directors ay adopt an application fee for REALTOR ebership in reasonable aount, not exceeding three (3) ties the aount of the annual dues for REALTOR ebership, which shall be required to accopany each application for REALTOR ebership and which shall becoe the property of the Association upon final approval of the application. Section 2. Designated REALTOR ebers Dues. The annual dues of each Designated REALTOR eber shall be in such aount as established annually by the Board of Directors, plus an additional aount to be established annually by the Board of Directors ties the nuber Septeber 14,

15 of real estate salespersons and licensed or certified appraisers who (1) are eployed by or affiliated as independent contractors, or who are otherwise directly or indirectly licensed with such REALTOR eber, and (2) are not REALTOR ebers of any Association in the state or a state contiguous thereto or Institute Affiliate ebers of the association. In calculating the dues payable to the association by a Designated REALTOR eber, non-eber licensees as defined in (1) and (2) of this paragraph shall not be included in the coputation of dues if the Designated REALTOR has paid dues based on said non-eber licensees in another Association in the state or a state contiguous thereto, provided the Designated REALTOR notifies the association in writing of the identity of the association to which dues have been reitted. In the case of a Designated REALTOR eber in a fir, partnership, or corporation whose business activity is substantially all coercial, any assessents for non-eber licensees shall be liited to licensees affiliated with the Designated REALTOR (as defined in (1) and (2) of this paragraph) in the office where the Designated REALTOR holds ebership, and any other offices of the fir located within the jurisdiction of this Association. A REALTOR eber of a eber Association shall be held to be any eber who has a place or places of business within the state or a state contiguous thereto and who, as a principal is actively engaged in the real estate profession as defined in Article III, Section I, of the Constitution of the NATIONAL ASSOCIATION OF REALTORS. An individual shall be deeed 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 coputation of dues payable by the principal of the entity. A REALTOR with a direct or indirect ownership interest in an entity engaged exclusively in soliciting and/or referring clients and custoers to the REALTOR for consideration on a substantially exclusive basis shall annually file with the Association on a for 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 engaged in referring clients and custoers and are not engaged in listing, selling, leasing, anaging, counseling or appraising real property. The individuals disclosed on such for shall not be deeed to be licensed with the REALTOR filing the for for purposes of this Section and shall not be included in calculating the annual dues of the Designated REALTOR. The exeption for any licensee included on the certification for shall autoatically be revoked upon the individual being engaged in real estate licensed activities (listing, selling, leasing, renting, anaging, counseling, or appraising real property) other than referrals, and dues for the current fiscal year shall be payable. ebership dues shall be prorated for any licensee included on a certification for subitted to the Association who during the sae calendar year applies for REALTOR or REALTOR- ASSOCIATE ebership in the Association. However, ebership dues shall not be prorated if the licensee held REALTOR or REALTOR-ASSOCIATE ebership during the preceding calendar year. (a) REALTOR eber Dues. The annual dues of REALTOR ebers other than the Designated REALTOR shall be as established annually by the Board of Directors. Septeber 14,

16 (b) Institute Affiliate ebers Dues. The annual dues of each Institute Affiliate eber shall be as established in Article II of the Bylaws of the NATIONAL ASSOCIATION OF REALTORS. NOTE: The Institutes, Societies and Councils of the National Association shall be responsible for collecting and reitting dues to the National Association for Institute Affiliate ebers ($105) The National Association shall credit $35 to the account of a local association for each Institute Affiliate eber whose office address is within the assigned territorial jurisdiction of that association, provided, however, if the office location is also within the territorial jurisdiction of a Coercial Overlay Board (COB), the $35 aount will be credited to the COB, unless the institute Affiliate eber directs that the dues be distributed to the other association. The National Association shall also credit $35 to the account of state associations for each Institute Affiliate eber whose office address is located within the territorial jurisdiction of the state association. Local and state associations ay not establish any additional entrance, initiation fees or dues for Institute Affiliate ebers, but ay provide service packages to which Institute Affiliate ebers ay voluntarily subscribe. (Aended 11/2013) (c) Affiliate ebers. The annual dues of each Affiliate eber shall be as established annually by the Board of Directors. (d) Public Service ebers. The annual dues of each Public Service eber shall be as established annually by the Board of Directors. (e) Honorary ebers. Dues payable, if any, shall be at the discretion of the Board of Directors. (f) Student ebers. Dues payable, if any, shall be at the discretion of the Board of Directors. Section 3. Dues Payable. Dues for all ebers shall be payable annually in advance on the first day of October. Dues shall be coputed fro the date of application and granting provisional ebership. (a) In the event a sales licensee or licensed or certified appraiser who holds REALTOR ebership is dropped for nonpayent of Association dues, and the individual reains with the designated REALTOR 's fir, the dues obligation of the "designated REALTOR (as set forth in Article X, Section 2 (a)) will be increased to reflect the addition of a non-eber licensee. Dues shall be calculated fro the first day of the current fiscal year and are payable within 30 days of the notice of terination. Section 4. Nonpayent of Financial Obligations. If dues, fees, fines, or other assessents including aounts owed to the Association or the Association's ultiple Listing Service are not paid within Thirty (30) days after the due date, the nonpaying eber is subject to suspension at the discretion of the Board of Directors. Sixty (60) days after the due date, ebership of the nonpaying eber ay be terinated at the discretion of the Board of Directors. Ninety (90) days after the due date, ebership of the nonpaying eber shall autoatically terinate Septeber 14,

17 unless within that tie the aount due is paid. However, no action shall be taken to suspend or expel a eber for nonpayent of disputed aounts until the accuracy of the aount owed has been confired by the Board of Directors. A forer eber who has had his ebership terinated for nonpayent of dues, fees, fines, or other assessents duly levied in accordance with the provisions of these Bylaws or the provisions of other Rules and Regulations of the Association or any of its services, departents, divisions or subsidiaries ay apply for reinstateent in a anner prescribed for new applicants for ebership, after aking payent in full of all accounts due as of the date of terination.(aended 9/17) Section 5. Deposits and Expenditures. Deposits and expenditures of funds shall be in accordance with policies established by the board of directors. (Aended 1/05) Section 6. Notice of Dues. Fees. Fines. Assessents, and Other Financial Obligations of ebers. All dues, fees, fines, assessents, or other financial obligations to the Association or Association's ultiple Listing Service shall be noticed to the delinquent Association eber in writing setting forth the aount owed and due date. Section 7. The dues of REALTOR ebers who are REALTOR Eeriti (as recognized by the National Association), Past Presidents and Treasurers of the National Association or recipients of the Distinguished Service Award shall be as deterined by the Board of Directors. (Aended 11/2013) NOTE: A eber Association s dues obligation to the National Association is reduced by an aount equal to the aount which the Association is assessed for a REALTOR eber, ties the nuber of REALTOR Eeriti (as recognized by the National Association), past presidents and past treasurers of the National Association, and recipients of the Distinguished Service Award of the National Association who are REALTOR ebers of the Association. The dues obligation of such individuals to the local Association should be reduced to reflect the reduction in the Association's dues obligation to the National Association. The Association ay, at its option, choose to have no dues requireent for such individuals except as ay be required to eet the Association's obligation to the State Association with respect to such individuals. eber Association should deterine whether the dues payable by the Association to the State Association are reduced with respect to such individuals. It should be noted that this does not affect a "designated" REALTOR 's dues obligation to the Association with respect to those licensees eployed by or affiliated with the "designated" REALTOR who are not ebers of the local Association. (Aended 11/2013) L Article XI - Officers and Directors Section 1. Officers. The elected officers of the Association shall be: a President, a President- Elect, a Secretary, and a Treasurer. The Secretary and Treasurer ay be the sae person. Officers shall be elected per Article XI Section 4 for a ter of one year. The President-Elect will autoatically serve an additional year after election in which he will serve as President. L Any officer who resigns his position during his elected ter shall not be eligible to serve as an Septeber 14, L