GREATER LAS VEGAS ASSOCIATION OF REALTORSา
Bylaws
2011
GREATER LAS VEGAS ASSOCIATION OF REALTORSฎ
BYLAWS
(Adopted by the Membership October 3, 2008)
TABLE OF CONTENTS
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Section 1 - 2 |
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Section 4. New Member Code of Ethics Orientation Section 5. Continuing Member Code of Ethics Training |
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Section 1 5 |
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Section 6. Notices of Dues, Fees, Assessments, and Other Financial |
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Section 3. Chief Executive Officer |
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Section 3. Executive Committee |
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Section 4. Indemnity for Directors |
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Section 5. Absences |
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Article XIII Election and Removal of Officers and Directors |
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Section 4. Vacancies |
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Section 9. Directors Electronic Transaction of Business Section 10. Directors Action without Meeting |
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Section 5. Action without Meeting Section 6. Attendance by Telephone |
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Section 1 3 |
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PREAMBLE
The GREATER LAS VEGAS ASSOCIATION OF REALTORSโ is a Nevada Non-Profit Corporation, formed to create an association of real estate professionals for the purposes as established by these Bylaws.
These Bylaws contain provisions for the regulation of the management and affairs of the Association not inconsistent with the Articles of Incorporation. The Association is operated for the benefits of its Members and to further objectives provided by the Bylaws. The primary control rests with the members who elect a Board of Directors to manage the business and affairs of the Association.
The Board of Directors is responsible to the membership and is elected by the membership according to the Bylaws. The Bylaws may be amended by the Board of Directors, but subject to approval of the membership. The Board of Directors establishes policies for the management of the affairs of the Association and the elected Officers of the Association carry out the terms and provisions of the established policies of the Board of Directors and the duties as prescribed by the Bylaws. The Officers are responsible directly to, and controlled by, the Board of Directors. The ultimate responsibility of the Officers is to the membership.
In addition to the Articles and Bylaws adopted and/or approved by the membership, the Directors and Officers are regulated by the Nevada Business Corporation Act. The Act requires that a Director and Officer must discharge the duties of their position in good faith and with a degree of diligence, care and skill which an ordinary prudent person would exercise under similar circumstances in a like position. They must act in good faith and with reasonable business judgment. Good faith and due care are essential requirements.
These Bylaws establish the purposes and objectives of the Association, the classes, requirements and privileges of membership, and the provisions for the election of the Board of Directors. The membership elects the Officers, who function pursuant to guidelines established by the Board of Directors. Directors and Officers are subject to the controls of the Articles of Incorporation and Bylaws and the Nevada Business Corporation Act. The Bylaws incorporate, by reference, of the NATIONAL ASSOCIATION OF REALTORSโ The Code of Ethics and Arbitration Manual adopted by the GREATER LAS VEGAS ASSOCIATION of REALTORSโ, thereby making the provisions of said Manual a part of the Bylaws.
The Bylaws provide for Standing Committees of the Association, and further Committees can be created by the Board of Directors or the President, as provided in the Bylaws. Committees function pursuant to procedures established by the Bylaws of the Association. No committee has the authority to bind the Association to any action or contract without the prior approval of the Board of Directors.
BYLAWS OF THE
GREATER LAS VEGAS ASSOCIATION OF REALTORSโ
ADOPTED
SECTION 1. NAME The name of this organization shall be the Greater Las Vegas Association of REALTORSโ, Incorporated, hereinafter referred to as the Association.
SECTION 2. REALTORSโ Inclusion and retention of the Registered Collective Membership Mark REALTORSฎ in the name of the Association shall be governed by the Constitution and Bylaws of the NATIONAL ASSOCIATION of REALTORSโ as from time to time amended.
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 promote and maintain high standards of conduct in the real estate profession as expressed in the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSโ.
SECTION 3. To provide a unified medium for real estate owners and those engaged in the real estate profession whereby their interests may be safeguarded and advanced.
SECTION 4. To further the interests of home and other real property ownership.
SECTION 5. To unite those engaged in the real estate profession in this community with the Nevada Association of REALTORSโ and the NATIONAL ASSOCIATION of REALTORSโ, thereby furthering their own objectives throughout the state and nation, and obtaining the benefits and privileges of membership therein.
SECTION 6. To designate, for the benefit of the public, individuals authorized to use the terms REALTORา and REALTORSา as licensed, prescribed, and controlled by the NATIONAL ASSOCIATION of REALTORSโ.
SECTION 1. The territorial jurisdiction of the Association as a Member of the NATIONAL ASSOCIATION of REALTORSโ shall be Clark, Lincoln and Nye Counties, Nevada, and such other areas as from time to time allocated to the Association by the Board of Directors of the NATIONAL ASSOCIATION OF REALTORSโ.
SECTION 2. Territorial jurisdiction is defined to mean the right and duty to control the use of the terms REALTORโ and REALTORSโ, subject to the conditions set forth in these Bylaws and those of the NATIONAL ASSOCIATION of REALTORSโ, in return for which the Association agrees to protect and safeguard the property rights of the NATIONAL ASSOCIATION of REALTORSโ in the terms.
ARTICLE IV - MEMBERSHIP
SECTION 1. There shall be seven classes of Members as follows:
REALTORโ Members
(a) REALTORโ Members, whether primary or secondary shall be:
(1) Individuals who, as sole proprietors, partners, corporate officers, or branch office managers, are engaged actively in the real estate profession, including buying, selling, exchanging, renting or leasing, managing, appraising for others for compensation, counseling, building, developing or subdividing real estate, and who maintain or are associated with an established real estate office in the State of Nevada 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 REALTORโ membership only, and each is required to hold REALTORโ Membership in a Association/Board of REALTORSโ within the state or a state contiguous thereto unless otherwise qualified for Institute Affiliate Membership as described in Section 1 (b) of Article IV. (NOTE: REALTORโ Members may obtain membership in a secondary Association/Board in another state.)
In the case of a real estate firm, partnership, or corporation, whose business activity is substantially all commercial, only those principals actively engaged in the real estate business in connection with the same office, or any other offices within the jurisdiction of the association in which one of the firms principals hold REALTORฎ membership, shall be required to hold REALTORฎ membership unless otherwise qualified for Institute Affiliate Membership as described in Section 1 (b) of Article IV. (Amended 1/2001)
(2) Individuals who are engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office managers and are associated with a REALTORโ Member and meet the qualifications set out in Article V.
(3) Franchise REALTORฎ Members. Corporate officers (who may be licensed or unlicensed) of a real estate brokerage franchise organization with at least one hundred and fifty (150) franchises located within the United States, its insular possessions and the Commonwealth of Puerto Rico, elected to membership pursuant to the provisions established in the NAR Constitution and Bylaws. Such individuals shall enjoy all of the rights, privileges and obligations of REALTORโ membership (including compliance with the Code of Ethics) except: obligations related to Association mandated education, meeting attendance, or indoctrination classes or other similar requirements; the right to use the term REALTORโ in connection with their franchise firms name; and the right to hold elective office in the Association, State Association or National Association.
(4) Primary and Secondary REALTORโ Members An individual is a primary member if the Association pays state and National dues based on such Member. An individual is a secondary member if the state and National dues are remitted through another Board/Association. One of the principals in a real estate firm must be a Designated REALTORโ member of the Association in order for licensees affiliated with the firm to select the Association as their primary Association /Board.
(5) Designated REALTORโ Members Each firm shall designate in writing one REALTORโ Member who shall be responsible for all duties and obligations of membership including the obligation to arbitrate pursuant to Article 17 of the Code of Ethics and the payment of Association dues as established in Article X of the Bylaws. The Designated REALTORโ must be a sole proprietor, partner, corporate officer or branch office manager acting on behalf of the firms principal(s) and must meet all other qualifications for REALTORโ Membership established in Article V, Section 2, of the Bylaws.
(b) Institute Affiliate Members Institute Affiliate members shall be individuals who hold a professional designation awarded by an Institute, Society, or Council affiliated with the NATIONAL ASSOCIATION of REALTORSโ that addresses a specialty area other than residential brokerage or individuals who otherwise hold a class of membership in such Institute, Society or Council that confers the right to hold office. Any such individual, if otherwise eligible, may elect to hold REALTORโ membership, subject to payment of applicable dues for such membership.
(c) Affiliate Members Affiliate Members shall be real estate owners and other individuals or firms who, while not engaged in the real estate profession as defined in paragraphs (a) or (b) of this Section, have interests requiring information concerning real estate, and are in sympathy with the objectives of the Association.
(d) Public Service Members Public Service Members shall be individuals who are interested in the real estate profession as employees, of or affiliated with educational, public utility, governmental or other similar 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 Members Honorary Members shall be individuals not engaged in the real estate profession who have performed notable service for the real estate profession, for the Association, or for the public.
(f) Student Members Student Members shall be individuals who are seeking an undergraduate or graduate degree with a specialization or major in real estate at institutions of higher learning, and who have completed at least two years of college and at least one college 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.
(g) Honorary Life Members Honorary Life Members shall be those Past Presidents who have served the Association faithfully; have made notable contributions to the Association, the Nevada State Association, and the real estate industry of Nevada; and who are no longer actively engaged in the real estate profession.
(h) LFRO Licensees affiliated with a limited function referral office.
(i) Provisional Membership A new applicant for membership as a REALTORฎ shall be classified as a Provisional REALTORฎ until that member has completed the required GLVAR orientation classes successfully.
(1) Dues shall be computed from the date of application and shall be non-refundable unless the association's Board of Directors terminates the individual's membership in accordance with Article V, Section 4 within. In such instances, dues shall be returned to the individual less a prorated amount to cover the number of days that the individual received association services and any application fee.
(2) The Board of Directors may not terminate any provisional membership without providing the provisional member with advance notice, an opportunity to appear before the Board of Directors, to call witnesses on his behalf, to be represented by counsel, and to make such statements as he deems relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it, or may electronically or mechanically record the proceedings.
(3) If the Board of Directors determines that provisional membership should be terminated, it shall record its reasons with the Secretary. If the Board of Directors believes that termination of provisional membership may become the basis of litigation and a claim of damage by a provisional member, it may specify that termination shall become effective upon entry in a suit by the Board for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the termination violates no rights of the individual.
ARTICLE V - QUALIFICATION AND ELECTION
(a) An application for membership shall be made in such manner and form as may be prescribed by the Board of Directors and made available to anyone requesting it. The application form shall contain among the statements to be signed by the applicant:
(1) that the applicant agrees as a condition to membership to thoroughly familiarize himself with the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSโ, the Constitutions, Bylaws, and Rules and Regulations of the Association, the State and National Associations, and if elected a Member, will abide by the Constitutions and Bylaws and Rules and Regulations of the Association, State and National Associations, and as a REALTORโ Member will abide by the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSโ 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 Manual of the NATIONAL ASSOCIATION of REALTORSโ, as from time to time amended, and
(2) that applicant consents that the Association, may invite and receive information and comment about the applicant from any Member or other persons, and that applicant agrees that any information and comment furnished to the Association by any person in response to the invitation shall be conclusively deemed to be privileged and not form the basis of any action for slander, libel, or defamation of character. The applicant shall, with the form of application, have access to a copy of the Bylaws, Constitution, Rules and Regulations, and Code of Ethics referred to above.
SECTION 2. Qualification
(a) An applicant for REALTORโ Membership who is a sole proprietor, partner, corporate officer, or branch manager of a real estate firm shall supply evidence satisfactory to the Association that is actively engaged in the real estate profession, and maintains a current, valid real estate brokers or salespersons 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 member), has no record of recent or pending bankruptcy,(*) has no record of official sanctions involving unprofessional conduct (**), agrees to complete a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION of REALTORSโ, and shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Association, and shall agree that if elected to membership, will abide by such Constitution, Bylaws, Rules and Regulations, and Code of Ethics.
(*) NO RECENT OR PENDING BANKRUPTCY is intended to mean that the applicant or any real estate firm in which the applicant is a sole proprietor, general partner, corporate officer, or branch manager is not involved in any pending bankruptcy or insolvency proceedings and, has not been adjudged bankrupt in the past three (3) years. If a bankruptcy proceeding as described above exists, membership may not be rejected unless the Association establishes that its interests and those of its members and the public could not be adequately protected by requiring that the bankrupt applicant pay cash in advance for Association and MLS fees for up to one (1) year from the date that membership is approved or from the date that the applicant is discharged from bankruptcy (whichever is later). In the event that an existing member initiates bankruptcy proceedings, the member may be placed on a cash basis from the date that the bankruptcy is initiated until one (1) year from the date that the member has been discharged from bankruptcy.
(**) NO RECORD OF OFFICIAL SANCTIONS INVOLVING UNPROFESSIONAL CONDUCT is intended to mean that the Association may only consider judgments 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.
NOTE: Article IV, Section 2, of the NAR Bylaws prohibits Member Boards/Associations from knowingly granting REALTORฎ or REALTOR-ASSOCIATEฎ membership to any applicant who has an unfulfilled sanction pending which was imposed by another Board or Association of REALTORSฎ 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 managers in order to qualify for REALTORโ Membership, shall at the time of application, be associated either as an employee or as an independent contractor with a Designated REALTORโ Member of the Association or a Designated REALTORโ Member of another Board/Association (if a secondary member) and must maintain a current, valid real estate brokers or salespersons license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, shall complete a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION of REALTORSโ and shall pass such reasonable and nondiscriminatory written examinations thereon as may be required by the committee and shall agree in writing that if elected to membership will abide by the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSโ, and by the Constitution, Bylaws, and Rules and Regulations of the Association, State Association and the National Association.
(c) The Association will also consider the following in determining an applicants qualifications for REALTORฎ membership:
1. All final finding of Code of Ethics violations and violations of other membership duties in any other association within the past three (3) years.
2. Pending ethics complaints (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 MLS.
6. Any misuse of the term REALTORฎ or REALTORSฎ in the name of the applicants firm.
Provisional membership may be granted in instances where ethics complaints or arbitration requests (or hearings) are pending in other association or where the applicants for membership has unsatisfied discipline pending in another association (except for violations of the Code of Ethics: See Article V, Section 2(a) Note) provided all other qualifications for membership have been satisfied, Associations may reconsider the membership status of such individuals when all pending ethics and arbitration matters (and related discipline) have been resolved or if such matters are not resolved within six months of the date that provisional membership is approved. Provisional members shall be considered REALTORSฎ and shall be subject to all of the same privileges and obligations of REALTORฎ membership. If a member resigns from another association with an ethics complaint or arbitration request pending, the association may condition membership on the applicants certification that he/she will submit to the pending ethics or arbitration proceeding (in accordance with the established procedures of the association to which the applicant has made application) and will abide by the decision of the hearing panel. (Amended 1/2001)
SECTION 3. Election The procedure for election to membership shall be as follows:
(a) The Association shall determine whether the applicant is applying for the appropriate class of membership. It shall then give written notice to the REALTORา Members of such application and invite written comment. If one or more of the REALTORโ Members object to the approval of the application, basing such objection on lack of qualification as set forth in these Bylaws, the Association shall invite any objecting Member to appear before the Board of Directors and substantiate their objections. Objections, which are not substantiated, shall be totally disregarded. The Board of Directors may not find objections substantiated without
(1) informing the applicant in advance, in writing, of the objections and identifying the objecting Member; and
(2) giving the applicant a full opportunity to appear before the Board of Directors and establish their qualifications. The Board of Directors shall thereafter make a written report of its findings. The Board of Directors shall conduct all proceedings with strict attention to the principles of due process and compliance with the Bylaws of the Association.
(b) The Board of Directors shall review the qualifications of the applicant and the recommendations of the Chief Executive Officer and then vote on the applicants eligibility for membership. If the applicant receives a majority vote of the Board of Directors, shall be declared elected to membership and shall be advised by written notice.
(c) The Board of Directors may not reject an application without providing the applicant with advance notice of the findings and given an opportunity to appear before the Board of Directors, to call witnesses on their behalf, to be represented by counsel, and to make such statements as deemed relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it or, may electronically or mechanically record the proceedings.
(d) If the Board of Directors determines that the application should be rejected, it shall record its reasons with the Secretary (Chief Executive Officer). If the Board of Directors believes that denial of membership to the applicant may become the basis of litigation and a claim of damage by the applicant, it may specify that denial shall become effective upon entry in a suit by the Association for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the rejection violates no rights of the applicant.
Section 4. New Member Code of Ethics Orientation:
Applicants for REALTORฎ membership and provisional REALTORฎ members (where applicable) shall complete an orientation program on the Code of Ethics of not less than two hours and thirty minutes of instructional time. This requirement does not apply to applicants for REALTORฎ membership or provisional members who have completed comparable orientation in another association, provided that REALTORฎ membership has been continuous, or that any break in membership is for one year or less.
Failure to satisfy this requirement within 60 days of application (or, alternatively, the date that provisional membership was granted) will result in denial of the membership application or termination of provisional membership.
Note: Orientation programs must meet the learning objectives and minimum criteria established from time to time by the NATIONAL ASSOCIATION OF REALTORSฎ. (Adopted 1/2001)
Section 5. Continuing Member Code of Ethics Training
Effective January 1, 2001, through December 31, 2004, and for successive four year periods thereafter, each REALTORฎ member of the association shall be required to complete quadrennial ethics training of not less than two hours and thirty minutes of instructional time. This requirement will be satisfied upon presentation of documentation that the member has completed a course of instruction conducted by this or another association, the State Association of REALTORSฎ, the NATIONAL ASSOCIATION OF REALTORSฎ, or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the NATIONAL ASSOCIATION OF REALTORSฎ from time to time. REALTORฎ members who have completed training as a requirement of membership in another association and REALTORฎ members who have completed the New Member Code of Ethics Orientation during any four year cycle shall not be required to complete additional ethics training until a new four year cycle commences.
Failure to satisfy this requirement shall be considered a violation of a membership duty for which REALTORฎ membership shall be suspended until such time as the training is completed. (Adopted 1/2001)
Members suspended for failing to meet the requirement for the first four (4) year cycle (2001 2004) will have until December 31, 2005 to meet the requirement. Failure to meet the requirement by that time will result in automatic termination of membership.
Failure to meet the requirement for the second (2005 2008) cycle and subsequent four (4) year cycles will result in suspension of membership for the first two months (January and February) of the year following the end of any four (4) year cycle or until the requirement is met, whichever occurs sooner. On March 1 of that year, the membership of member who is still suspended as of that date will be automatically terminated. (Adopted 1/2001, revised 5/2005)
SECTION 6. Status Changes
(a) A REALTORา who changes the conditions under which he holds membership shall be required to provide written notification to the Association within thirty (30) days. A REALTORโ (non-principal) who becomes a principal in the firm with which has been licensed or, alternatively, becomes a principal in a new firm which will be comprised of REALTORโ principals may be required to satisfy any previously unsatisfied membership requirements applicable to REALTORโ (principal) Members but shall, during the period of transition from one status of membership to another, be subject to all of the privileges and obligations of a REALTORโ (principal). If the REALTORโ (non-principal) does not satisfy the requirements established in these Bylaws for the category of membership to which they have transferred within thirty (30) days of the date they advised the Association of their change in status, their new membership application will terminate automatically unless otherwise so directed by the Board of Directors.
(b) Any application fee related to a change in membership status shall be reduced by an amount equal to any application fee previously paid by the applicant.
(c) Dues shall be prorated from the first day of the quarter in which the member is notified of election by the Board of Directors and shall be based on the new membership status for the remainder of the year.
ARTICLE VI - PRIVILEGES AND OBLIGATIONS
SECTION 1. The privileges and obligations of members, in addition to those otherwise provided in these Bylaws, shall be specified in this Article.
SECTION 2. Any member of the Association may be reprimanded, fined, placed on probation, suspended, or expelled by the Board of Directors for a violation of these Bylaws and Association Rules and Regulations consistent with these Bylaws, after a hearing as provided in the Code of Ethics and Arbitration Manual of the Association. Although Members other than REALTORSโ are not subject to the Code of Ethics nor its enforcement by the Association, such Members are encouraged to abide by the principles established in the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSโ and conduct their business and professional practices accordingly. Further, Members other than REALTORSโ may upon recommendation of a hearing panel of the Professional Standards Committee, be subject to discipline as described above, for any conduct, which in the opinion of the Board of Directors, applied on a nondiscriminatory basis, reflects adversely on the terms REALTORโ or REALTORSโ and the real estate industry, or for conduct that is inconsistent with or adverse to the objectives and purposes of the Association, the State Association, and the NATIONAL ASSOCIATION of REALTORSโ.
SECTION 3. Any REALTORโ Member of the Association may be disciplined by the Board of Directors for violations of the Code of Ethics or other duties of membership, after a hearing as described in the Code of Ethics and Arbitration Manual of the Association, provided that the discipline imposed is consistent with the discipline authorized by the Professional Standards Committee of the NATIONAL ASSOCIATION of REALTORSโ as set forth in the Code of Ethics and Arbitration Manual of the National Association.
SECTION 4. Resignations of Members shall become effective when received in writing by the Board of Directors, provided, however, that if any Member submitting the resignation is indebted to the Association for dues, fees, fines, or other assessments of the Association or any of its services, departments, divisions, or subsidiaries, the Board of Directors shall condition the right of the resigning Member to reapply for membership upon payment in full of all such monies owed.
SECTION 5. If a Member resigns from the Association or otherwise causes membership to terminate with an ethics complaint pending, the Board of Directors shall condition the right of the resigning Member to reapply for membership upon the applicants certification that they will submit to the pending ethics proceeding and will abide by the decision of the hearing panel. See also Article VII, Section 3.
(a) If a member resigns or otherwise causes membership to terminate, the duty to submit to arbitration continues in effect even after membership lapses or is terminated, provided that the dispute arose while the former member was a REALTORฎ.
SECTION 6. REALTORโ Members
(a) REALTORโ Members, whether primary 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, subject to qualifications as set forth in these Bylaws.
(b) REALTORโ Members may use the terms REALTORโ and REALTORSโ, which use shall be subject to the provisions of Article VIII.
(c) REALTORโ Members have the primary responsibility to safeguard and promote the standards, interests, and welfare of the Association and the real estate profession. Furthermore, REALTORโ Members must attend such courses of instruction as shall be mandated by the Board of Directors in safeguarding and promoting said standards, interests, and welfare of the Association and the real estate profession.
(d) If a REALTORโ Member is a sole proprietor in a firm, a partner in a partnership or an officer in a corporation, and is suspended or expelled, the firm, partnership or corporation shall not use the terms REALTORโ or REALTORSโ in connection with its business during the period of suspension, or until re-admission to REALTORโ membership, or unless connection with the firm, partnership or corporation is severed, or management control is relinquished, whichever may apply. The membership of all other principals, partners, or corporate officers shall suspend or terminate during the period of suspension of the disciplined Member, or until re-admission of the disciplined Member or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, or unless the REALTORโ who is suspended or expelled removes himself/herself from any form or degree of management control of the firm for the term of the suspension or until re-admission to membership, whichever may apply. Removal of an individual from any form or degree of management control must be certified to the Association by the Member who is being suspended or expelled and by the individual who is assuming management control, and the signatures of such certification must be notarized. In the event the suspended or expelled Member is so certified to have relinquished all form or degree of management control of the firm, the membership of other partners, corporate officers, or other individuals affiliated with the firm shall not be affected, and the firm, partnership or corporation may continue to use the terms REALTORโ and REALTORSโ in connection with its business during the period of suspension or until the former Member is admitted to membership in the Association. The foregoing is not intended to preclude a suspended or expelled Member from functioning as an employee or independent contractor, providing no management control is exercised. Further, the membership of REALTORSโ other than principals who are employed or affiliated as independent contractors with the disciplined Member shall suspend or terminate during the period of suspension of the disciplined Member or until readmission of the disciplined Member, or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, or management control is relinquished, or unless the REALTORโ Member (non-principal) elects to sever connection with the REALTORโ and affiliate with another REALTORโ Member in good standing in the Association, whichever may apply.
If a REALTORโ Member other than a sole proprietor in a firm, partner in a partnership, or an officer of a corporation is suspended or expelled, the use of the terms REALTORโ or REALTORSโ by the firm, partnership or corporation shall not be affected.
(e) In any action taken against a REALTORโ Member for suspension or expulsion under Section 6 (d) hereof, notice of such action shall be given to all REALTORSโ employed by or affiliated as independent contractors with such REALTORโ Member and they shall be advised that the provisions in Article VI, Section 6 (d) shall apply.
SECTION 7. Institute Affiliate Members Institute Affiliate Members 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 REALTORSโ.
NOTE: Local Associations establish the rights and privileges to be conferred on Institute Affiliate Members except that no Institute Affiliate Member may be granted the right to use the term REALTORฎ, REALTOR-ASSOCIATEฎ, or the REALTORฎ logo; to serve as President of the local association; or to be a participant in the local associations Multiple Listing Service.
SECTION 8. Affiliate Members Affiliate Members 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 REALTORSโ, but shall not have the right to vote or hold elective office.
SECTION 9. Public Service Members Public Service Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors, but shall not have the right to vote or hold elective office.
SECTION 10. Honorary Members and Honorary Life Members Honorary and Honorary Life Membership shall confer only the right to attend meetings and participate in discussions.
SECTION 11. Student Members Student Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors, but shall not have the right to vote or hold elective office.
SECTION 12. Certification by REALTORโ Designated REALTORโ Members of the Association shall certify to the Association annually by November 1 of each year, on a form provided by the Association, a complete list of all individuals licensed or certified in the REALTORโs office (s) and shall designate a primary Board/Association for each individual who holds membership. Designated REALTORSโ shall also identify any non-member licensees in the REALTORโs office (s) and if Designated REALTORโ Dues have been paid to another Board/Association based on said non-member licensees, the Designated REALTORโ shall identify the Board/Association to which dues have been remitted. These declarations shall be used for purposes of calculating dues under Article X, Section 2 (a) of the Bylaws. Designated REALTORโ Members shall also notify the Association of any additional individual (s) licensed or certified with the firm (s) within fifteen (15) days of the date of affiliation or severance of the individual.
SECTION 13. 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 individuals 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 investigator team comprised of the President, 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, upon consultation with legal counsel for the Association. Disciplinary action may include any sanction authorized in the associations Code of Ethics and Arbitration Manual. If the complaint involves the President, President-Elect, or Vice President, they may not participate in the proceedings and shall be replaced by the Immediate Past President or, alternatively, by another member of the Board of Directors selected by the highest-ranking officer not named in the complaint.
ARTICLE VII - PROFESSIONAL STANDARDS AND ARBITRATION
SECTION 1. The responsibility of the Association and of the Association Members relating to the enforcement of the Code of Ethics, the disciplining of Members, and the arbitration of disputes, and the organization and procedures incident thereto, shall be governed by the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION of REALTORSโ, as from time to time amended, which is by this reference incorporated into these Bylaws, provided, however, that any provision deemed inconsistent with state law shall be deleted or amended to comply with state law.
SECTION 2. It shall be the duty and responsibility of every REALTORโ Member of this Association to abide by the Constitution and Bylaws and the Rules and Regulations of the Association, the Constitution and Bylaws of the Nevada Association, the Constitution and Bylaws of the NATIONAL ASSOCIATION of REALTORSโ, and to abide by the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSโ, including the duty to arbitrate controversies arising out of real estate transactions as specified 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 Manual of the NATIONAL ASSOCIATION of REALTORSโ as from time to time amended.
SECTION 3. By becoming and remaining a member and by signing or having signed the agreement to abide by the bylaws of the Association, every member, where consistent with applicable law, binds himself or herself and agrees to submit to arbitration by the Associations facilities all disputes as defined by Article 17 of the Code of Ethics and, as set forth in the provisions of this Manual, all disputes with any other member, as defined, under the following conditions. In addition, REALTORฎ Principals who participate in an Associations MLS where they do not hold Association membership, or non-member brokers and non-member licensed or certified appraisers who participate in the Associations MLS, having signed the agreement to abide by the Associations Multiple Listing Service rules and regulations binds himself or herself and agrees to submit to arbitration by the Associations facilities. The duty to submit to arbitration continues in effect even after membership lapses or is terminated, provided that the dispute arose while the respondent was a REALTORฎ or an MLS Participant.
ARTICLE VIII - USE OF THE TERMS REALTORโ AND REALTORSโ
SECTION 1. Use of the term REALTORโ and REALTORSโ by Members shall, at all times, be subject to the provisions of the Constitution and Bylaws of the NATIONAL ASSOCIATION of REALTORSโ 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 REALTORSโ, use of the terms within its jurisdiction. Any misuse of the terms by members is a violation of a membership duty and may subject members to disciplinary action by the Board of Directors after a hearing as provided for in the associations Code of Ethics and Arbitration Manual.
SECTION 2. REALTORโ Members of the Association shall have the privilege of using the terms REALTORโ and REALTORSโ in connection with their places of business within the state or a state contiguous thereto so long as they remain REALTORโ Members in good standing. No other class of Members shall have this privilege.
SECTION 3. A REALTORโ Member who is a principal of a real estate firm, partnership, or corporation may use the terms REALTORโ and REALTORSโ only if all the principals of such firm, partnership, or corporation who are actively engaged in the real estate profession within the state or a state contiguous thereto are REALTORโ Members of the Association or Institute Affiliate Members as described in Section 1 (b) of Article IV.
In the case of a REALTORฎ member who is a principal of a real estate firm, partnership, or corporation whose business activity is substantially all commercial, the right to use the term REALTORฎ or REALTORSฎ shall be limited to office locations in which a principal, partner, corporate officer, or branch manager of the firm, partnership, or corporation holds REALTORฎ membership. If a firm, partnership, or corporation operates additional places of business in which no principal, partner or corporate office, or branch manager holds REALTORฎ membership, the term REALTORฎ or REALTORSฎ may not be used in any reference to those additional places of business. (Amended 1/2001)
SECTION 4. Institute Affiliate Members shall not use the terms REALTORโ or REALTORSโ, nor the imprint of the emblem seal of the NATIONAL ASSOCIATION of REALTORSโ.
SECTION 5. Members violating rules governing use of the term REALTORฎ shall be subject to a fine as prescribed by the Greater Las Vegas Association of REALTORSฎ Board of Directors
ARTICLE IX - STATE AND NATIONAL MEMBERSHIPS
SECTION 1. The Association shall be a Member of the NATIONAL ASSOCIATION of REALTORSโ and the NEVADA ASSOCIATION of REALTORSโ. By reason of the Associations Membership, each REALTORโ Member of the Member Association shall be entitled to membership in the NATIONAL ASSOCIATION of REALTORSโ and the NEVADA ASSOCIATION of REALTORSโ without further payment of dues. The Association shall continue as a Member of the State and National Associations, unless by a majority vote of all of its REALTORโ Members, decision is made to withdraw, in which case the State and National Associations shall be notified at least one (1) month in advance of the date designated for the termination of such membership.
SECTION 2. The Association recognizes the exclusive property rights of the NATIONAL ASSOCIATION of REALTORSโ in the terms REALTORโ and REALTORSโ. The Association shall discontinue use of the terms in any form in its name, upon ceasing to be a Member of the National Association, or upon a determination by the Board of Directors of the National Association that it has violated the conditions imposed upon the terms.
SECTION 3. The Association adopts the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSโ and agrees to enforce the Code among its REALTORโ Members. The Association and all of its Members agree to abide by the Constitution, Bylaws, Rules and Regulations, and policies of the National Association and the Nevada Association of REALTORSโ.
ARTICLE X - DUES AND ASSESSMENTS
SECTION 1. Application Fee The Board of Directors may adopt an application fee for REALTORโ Membership in a reasonable amount, not exceeding three (3) times the amount of the annual dues for REALTORโ Membership, which shall be required to accompany each application for REALTORโ Membership and which shall become the property of the Association upon final approval of the application.
SECTION 2. Dues The annual dues of Members shall be as follows:
(a) REALTORโ Members The annual dues of each Designated REALTORโ Member shall be in such amount as established annually by the Board of Directors, plus an additional amount to be established annually by the Board of Directors times the number of real estate salespersons and licensed or certified appraisers who (1) are employed by or affiliated as independent contractors, or who are otherwise directly or indirectly licensed with such REALTORโ Member, and (2) are not REALTORโ Members of any Board/Association in the state or a state contiguous thereto or Institute Affiliate Members of the Association. In calculating the dues payable to the Association by a Designated REALTORโ Member, non-member licensees as defined in (1) and (2) of this paragraph shall not be included in the computation of dues if the Designated REALTORโ has paid dues based on said non-member licensees in another Board/Association in the state or a state contiguous thereto, provided the Designated REALTORโ notifies the Association in writing of the identity of the Board/Association to which dues have been remitted. In the case of a Designated REALTORฎ Member in a firm, partnership, or corporation whose business activity is substantially all commercial, any assessments for non-member licensees shall be limited to licensees affiliated with the Designated REALTORฎ (as defined in (1) and (2) of this paragraph) in the office where the Designated REALTORฎ holds membership, and any other offices of the firm located within the jurisdiction of this Association. (Amended 1/2001)
(b) For the purpose of this Section, a REALTORฎ Member of a Member Board shall be held to be any Member who has a place or places of business within the state or a state contiguous thereto and who, as a principal, partner, corporate officer, or branch office manager of a real estate firm, partnership, or corporation, is actively engaged in the real estate profession as defined in Article III, Section l, of the Constitution of the NATIONAL ASSOCIATION OF REALTORSฎ. An individual shall be deemed to be licensed with a REALTORฎ if the license of the individual is held by the REALTORฎ, or by any broker who is licensed with the REALTORฎ, 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 (except as provided for in Section 2 (b) ) provided that such licensee is not otherwise included in the computation of dues payable by the principal, partner, corporate officer, or branch office manager of the entity. A REALTORฎ with a direct or indirect ownership interest in an entity engaged exclusively in soliciting and/or referring clients and customers to the REALTORฎ for consideration on a substantially exclusive basis shall annually file with the association on a form 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 customers and are not engaged in listing, selling, leasing, managing, counseling or appraising real property. The individuals disclosed on such form shall not be deemed to be licensed with the REALTORฎ filing the form for purposes of this Section and shall not be included in calculating the annual dues of the Designated REALTORฎ.
Membership dues shall be prorated for any licensee included on a certification form submitted to the association who during the same calendar year applies for REALTORฎ or REALTOR-ASSOCIATEฎ membership in the association. However, membership dues shall not be prorated if the licensee held REALTORฎ or REALTOR-ASSOCIATEฎ membership during the preceding calendar year.
(c) REALTORฎ Members. The annual dues of REALTORฎ Members other than the Designated REALTORฎ shall be as established annually by the Board of Directors. (Amended 1/2005)
(d) The annual dues of each Public Service Member, Honorary Member, Student Member and Honorary Life Member shall be in such amount as established annually by the Board of Directors.
(e) The annual dues of each Institute Affiliate Member shall be as established in Article II of the Bylaws of the NATIONAL ASSOCIATION OF REALTORSฎ.
(f) REALTORฎ with a direct or indirect ownership interest in an entity engaged exclusively in soliciting and/or referring clients or customers to the REALTORฎ for consideration on a substantially exclusive basis shall annually file with the Association on a form approved by the Association a list of the licensees affiliated with the entity and shall certify that all of the licensees affiliated with the entity are solely engaged in referring clients and customers and are not engaged in listing, selling, leasing, managing, counseling or appraising real property. The individuals disclosed on such form shall not be deemed to be licensed with the REALTORฎ filing the form for purposes of this Section and shall not be included in calculating the annual dues of the Designated REALTORฎ.
SECTION 3. REALTORโ Emeriti The dues of REALTORโ Members who are REALTORโ Emeriti (as recognized by the National Association), Past Presidents of the National Association or recipients of the Distinguished Service Award shall be as determined by the Board of Directors. (Note: A Member Associations dues obligation to the National Association is reduced by an amount equal to the amount which the Association is assessed for a REALTORโ Member, times the number of REALTORโ Emeriti (as recognized by the National Association), Past Presidents of the National Association, and recipients of the distinguished Service Award of the National Association who are REALTORโ Members of the Association. The dues obligation of such individuals to the local Association should be reduced to reflect the reduction in the Associations dues obligation to the National Association. The Association may, at its option, choose to have no dues requirement for such individuals except as may be required to meet the Associations obligation to the State Association with respect to such individuals. It should be noted that this does not affect a Designated REALTORโs dues obligation to the Association with respect to those licensees employed by or affiliated with the Designated REALTORโ who are not Members of the local Association.
SECTION 4. Dues Payable Dues for all members shall be payable annually in advance on the first day of January. Dues for new members shall be computed from the date of application and granting of provisional membership. (Adopted 1/1998, Amended 1/2005)
(a) In the event a sales licensee or licensed or certified appraiser who holds REALTORโ membership is dropped for nonpayment of Association dues, and the individual remains with the Designated REALTORโs firm, the dues obligation of the Designated REALTORโ (as set forth in Article X, Section 2a will be increased to reflect the addition of a non-member licensee. Dues shall be calculated from the first day of the current fiscal year and are payable within thirty (30) days of the notice of termination.
SECTION 5. Nonpayment of Financial Obligations If dues, fees, fines, or other assessments including amounts owed to the Association are not paid within one (1) month after the due date, the non-paying Designated REALTORโ Member is subject to suspension at the discretion of the Board of Directors. Two (2) months after the due date, membership of the non-paying Designated REALTORโ Member may be terminated at the discretion of the Board of Directors. Three (3) months after the due date, membership of the non-paying Designated REALTORโ Member shall automatically terminate unless within that time the amount due is paid. However, no action shall be taken to suspend or expel a Designated REALTORโ Member for nonpayment of disputed amounts until the accuracy of the amount owed has been confirmed by the Board of Directors. A former Designated REALTORโ Member who has had their membership terminated for nonpayment of dues, fees, fines, or other assessments 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, departments, divisions or subsidiaries may apply for reinstatement in a manner prescribed for new applicants for membership, after making payment in full of all accounts due as of the date of termination.
SECTION 6. Notice of Dues, Fees, Assessments, and Other Financial Obligations of Members All dues, fees, fines, assessments, or other financial obligations to the Association or Association Multiple Listing Service shall be noticed to the delinquent Association Member in writing setting forth the amount owed and due date.
SECTION 7. Deposit All moneys received by the Association for any purpose shall be deposited to the credit of the Association in a financial institution or institutions selected by resolution of the Board of Directors.
SECTION 8. Expenditures The Board of Directors shall administer the finances of the Association, but shall not incur any obligation in excess of the available cash on hand without authorization by majority vote of REALTORโ Members present at a Special meeting of the membership called to consider said obligation.
(a) Non-budgeted items not in excess of available cash on hand: The Board of Directors may approve any non-budgeted item involving an expenditure not in excess of available cash on hand and not over $25,000 without seeking membership approval. The Board of Directors may not approve any non-budgeted item involving any expenditure more than $25,000, without authorization by a majority vote of the REALTORโ Members present at the special meeting of the membership called to consider such obligation.
(b) For the purpose of this section, the term available cash on hand shall be defined as all funds on deposit in selected financial institutions that may be withdrawn on demand, including, but not limited to, any certificates of deposit.
(c) Before a non-budgeted expenditure in excess of $25,000.00 can be brought before the Finance Committee for approval, a minimum of two (2) bids must be obtained before seeking membership approval.
SECTION 1. Officers The elected officers of the Association shall be: a President, a President-Elect, a Vice President, and a Treasurer, all of whom shall serve for a period of one (1) year commencing on January 1 next following their election or until their successors are elected and assume office. Officers can only hold two full consecutive terms for the same office.
SECTION 2. Duties The duties of the elective officers shall be such as their titles, by general usage, would indicate and such as may be assigned by the Board of Directors from time to time, and as are required by law.
(a) President The President shall be the Chief Elected Officer of the Association, and shall: Preside at meetings of the Board of Directors and Executive Committee; be an ex-officio Member of all committees except Grievance and Professional Standards Committees; communicate to the Association such matters and make suggestions as may, in the Presidents opinion, tend to promote the welfare and increase the usefulness of the Association; and perform such other duties as are necessarily incident to the office.
(b) President-Elect The President-Elect of the Association shall have such duties as may be assigned by the Board of Directors. The President-Elect shall, in the absence or disability of the President, perform the duties and exercise the powers of the President. Upon the completion of the term as President-Elect, the President-Elect shall automatically succeed to the office of the President and shall assume all of the duties assigned to the President of the Association.
(c) Vice-President The Vice-President of the Association shall have such duties as may be assigned by the Board of Directors. The Vice-President, shall in the absence of the President and President-Elect, perform the duties and exercise the powers of the President.
(d) Treasurer In addition to carrying out the responsibility as a member of the Board of Directors, the Treasurer is to oversee all financial transactions by meeting with the CFO no less than once a month to review and approve invoices, purchase orders, bank statement reconciliations, financial statements and sign checks. The Treasurer assists with the preparation of and monitors the annual budget, Chairs the Finance and Investment Committee and subsequently serves as a member of the Finance Committee the following year. The Treasurer is responsible to the members for the funds received and spent by the Association. The Treasurer ensures that the Boards financial policies are being followed and shall render to the President and the Board of Directors, a statement of all transactions, and a report on the overall financial condition of the Association at the Board of Directors regularly scheduled monthly meeting.
The Treasurer shall cause a financial review of the accounts of the Association to be made, as authorized by the Board of Directors, by a reputable accounting firm to perform a full audit every year. The annual audit is to be delivered, in person, to the Board of Directors, at the April meeting.
At the conclusion of the term of office, the Treasurer shall transfer to their successor all records, paper and other property of the Association in their possession, if any.
SECTION 3. Chief Executive Officer The Chief Executive Officer shall be responsible for the administration and management of the Association and shall perform such duties as may be delegated by the Board of Directors. It shall be the duty of the Chief Executive Officer to keep the records of the Association and to carry on all necessary correspondence with the Nevada Association of REALTORSา and the NATIONAL ASSOCIATION OF REALTORSา.
(a) The governing body of the Association shall be a Board of Directors consisting of eighteen (18) members as herein provided. Four (4) elected officers: President , President-Elect, Vice President and Treasurer; one (1) ex-officio officer who shall be the Immediate Past President; Commercial Alliance President and the MLS Chairman; and eleven (11) elected Directors, which includes one (1) Nye County and one (1) from outlying Clark County areas, excluding North Las Vegas, Las Vegas, Henderson and Boulder City serving two-staggered terms.
(b) All Directors could serve up to 2, two (2) year terms. At the end of those terms they would be required to go on to leadership or step down as a Director for a period of two (2) years (or one term), before they would be eligible to run for Director position again.
(c) No person shall be elected to the Board of Directors unless, at the time of their election, He/She is a REALTORโ Member (primary or secondary Member) in good standing of the Association.
(d) No REALTORโ Member shall be nominated, elected, or appointed to the Board of Directors the result of which would be more than two (2) Members of the Board of Directors from the same company. (Same company shall be defined as company offices owned by common ownership). An exception will be made if the company has more than 100 REALTORฎ members. In this case, there may be no more than three (3) members of the Board of Directors from the same company.
(e) A change in company affiliation by a Director in such a way that there would be more than two (2) representatives from any one (1) company, or more than (3) REALTORฎ representatives from any one (1) company having more than 100 REALTORฎ members, on the Board of Directors shall constitute the resignation of that Director, at the end of the year.
(f) If Director(s)/Officer(s) are serving a term during a company merger/acquisition, said Director (s)/Officers shall be allowed to complete the balance of the leadership term, during the term in which the merger/acquisition took place.
(g) If a Director is no longer a REALTORฎ Member of the Greater Las Vegas Association of REALTORSฎ, He/She shall be deemed to have resigned as a Director.
(h) Upon election or appointment to the Board of Directors, any person who is an Officer, Director or Elected member of any Committee, subsidiary or division of the Association shall resign their position, except as otherwise provided in Section 1(a) of this Article.
(i) Candidates License must hang in the jurisdiction in which the application is submitted.
SECTION 2. Responsibilities The Board of Directors shall manage and have full charge of the general conduct of the affairs and finances of the Association. The Board of Directors shall adopt such Policies, Rules and Regulations for its government and the government of the Association as expedient and necessary, consistent with the Bylaws of the Association.
SECTION 3. Executive Committee The President, President-Elect, Vice President, Treasurer, Immediate Past President shall constitute the Executive Committee. The Chief Executive Officer shall serve on the Committee in an advisory capacity without the right to vote.
(a) The Executive Committee shall have only the power explicitly granted to it by the Board of Directors and shall act at the direction of the Board of Directors. The Executive Committee shall not have authority to execute contracts or take any such action but shall meet solely to make recommendations to the Board of Directors.
(b) Minutes shall be kept on all Executive Committee meetings and they shall become part of the next Board of Directors meeting.
(c) Meetings of the Executive Committee shall be set by the President.
SECTION 4. Indemnity for Directors Any person made, or threatened to be made, a party to any action or proceeding by reason of the fact that they are or was a Director or Officer of the GREATER LAS VEGAS ASSOCIATION of REALTORSโ shall be indemnified by the GREATER LAS VEGAS ASSOCIATION of REALTORSโ for all expenses, costs, liabilities and damages incurred therein to the full extent and in the manner permissible under the laws of the State of Nevada.
SECTION 5. Absences Any Director absent from three (3) regular meetings of the Board of Directors within a twelve month period shall constitute automatic resignation on the third absence by said Director and a vacancy shall be deemed to exist, except if any of the three absent meetings was a result of a change in the published yearly schedule of the Board of Directors, as a result of a verified major medical emergency, Attendance at National Association of REALTORSฎ or Nevada Association of REALTORSฎ, or required attendance at Greater Las Vegas Association of REALTORSฎ, or a Professional Standards hearing or a required court appearance. Reinstatement may be requested, in writing, within fifteen (15) days of the automatic resignation. Reinstatement shall be by approval of two-thirds (2/3) of the Board of Directors present at their next regularly scheduled meeting.
ARTICLE XIII ELECTION, VACANCIES AND REMOVAL OF OFFICERS AND DIRECTORS
SECTION 1. Nominating Committee The President, along with the President Elect and with the approval of the Board of Directors at its February meeting, shall appoint a Nominating Committee of not less than eight (8) REALTORโ members, including the Immediate Past President who shall serve as Chairman of the Committee. The Nominating Committee shall select at least one (1) candidate for each office and at least one (1) candidate for each Directors position to be filled on the Board of Directors. The report of the Nominating committee shall be published by the Association in the official publication, no later than July of each year.
(a) The remainder of the Nominating Committee shall consist of the President Elect, as a non-voting member, two (2) members of the Board of Directors, and four (4) members from the general membership. Without exception, no two (2) members of this committee shall be from the same company.
(b) A REALTORา Member may only run for one (1) office or directorship in any election.
(c) Any REALTORโ member desiring to run for an elected Officer or Directors position, must register with the Chief Executive Officer (Executive Officer) by May 15th of each year. Should there exist a vacancy in the office of the Executive Officer, the Board of Directors shall appoint the President Elect to accept registration from any REALTORโ member desiring to run for Officer or Directors positions. All candidates shall be listed in the Association office. The membership shall be notified of the complete candidate slate in July through the Association Publication.
(a) Qualification for Officers - The Officers stated in Section 1. of Article XI, must meet the following criteria to qualify for election as an officer; candidate must be a current REALTORโ member of the Association in good standing for a period of not less than twenty-four (24) months immediately prior to taking office; and have served on the Board of Directors for at least twenty-four (24) months within the sixty (60) months immediately preceding the commencement of the elective year.
(1) The Treasurer is not required to have served on the Board of Directors but must meet the additional requirements specified in Article XV Section 4 a (1) (a).
(2) Any member to be appointed to a vacancy must meet the above requirements.
(b) Qualifications for Directors - In order to be considered for the position of Director the following criteria must be met:
1) Be a current REALTORโ Member in good standing with the Association for a period of not less than thirty-six (36) months and
2) Have completed one (1) year on at least one Association Committee within the last five (5) years; or
3) Completed membership on at least one (1) committee of another REALTORฎ Association within the state of Nevada.
4) Any member to be appointed to a vacancy must meet the above requirements.
SECTION 3. Election Committee The President, with the approval of the Board of Directors at its April meeting, shall appoint an Election Committee of not less than three (3) REALTORโ members to conduct, oversee the election process and assure compliance with election procedures. The candidate receiving the largest number of votes shall be announced to the President by the Election Committee, and the President shall then declare those winners elected to office. In the event of a tie vote, the Election Committee, upon approval of the Board of Directors, shall set an election runoff date, giving at least five (5) days advance notice to the REALTORโ members of that runoff date.
(a) The annual electronic election date shall be held the second Thursday in July and continue for
fourteen days from that date.
(b) The conduct of the election shall be as prescribed by the Board of Directors:
(1) Only those REALTORฎ Members as of June 15th shall be eligible to vote.
(2) Information will be provided to the Members of the Association eligible to vote in the July SNR issue and will include, as a minimum, the list of candidates, specific instructions as to casting a ballot electronically, and the final date and time upon which votes must be cast and/or received.
(3) Only one vote may be cast for each vacancy to be filled. The candidate(s) in each category with the highest votes shall be elected to office.
(4) Anyone challenging the election results may do so by submitting a written challenge and a $500 deposit to the Chief Executive Officer within ten (10) days after the results are announced specifying exactly who or what is being challenged. Once a challenge has been officially requested, the challenger shall be responsible for the costs of a minimum of $250 not to exceed $500. If the challenger prevails, the costs incurred shall be refunded. The recount shall be completed within thirty (30) days, after the deposit is made.
(5) Special or Run Off elections shall be conducted as directed by the Board of Directors.
(6) No proxies shall be allowed. All electronic ballots must be received at the Association Office on or before 5 P.M. of the election date.
(c) The President shall notify all candidates of the election results. Upon a candidates verbal acceptance of the office, the office is declared filled.
(d) The winning Candidates names shall be appropriately publicized. Statistical results will be made available upon request.
SECTION 4. Vacancies
(a) Officers
1) In the event the President is unable to perform their duties because of absence or disability, the remaining officers shall perform said duties in the following order of succession: (1) President-Elect and (2) Vice President.
2) A vacancy in the office of the President shall be automatically filled by the President-Elect for the unexpired term; provided, however, said President Elect shall retain their position as President-Elect during said unexpired term of the President.
3) In the event of a vacancy in the office of the President Elect, the duties and responsibilities of the President Elect shall be filled by the Vice President.
4) A vacancy in the office of Vice President or Treasurer shall be filled by a majority vote of the Board of Directors. Directors shall allow a minimum of thirty (30) days notice to allow time for member nominations as advisory input for the office of Vice President or Treasurer prior to the selection. Nominees must meet qualifications for said position.
5) If a vacancy occurs on the Board of Directors for an unexpired term, no sitting Director/or Officer can be considered to fill the position, as no Director can hold two positions on the Board of Directors at the same time. A Director may be considered to fill the vacancy of an Officer position, If such position is filled by a vote of the Board of Directors pursuant to the Bylaws of the Association.
(b) Directors
(1) The Board of Directors shall have the power to fill vacancies on the Board of Directors on the resignation, or death of any Director; provided, however, that the member appointed by the Board of Directors to fill such vacancy shall be a REALTORโ Member in good standing of the Association. Any member filling a vacancy shall serve through the remainder of the term.
(2) In the event a Director elect is unable to serve for any reason, including but not limited to resignation or death, prior to installation, their position will be filled by the individual who received the next highest number of votes in the General Membership Election.
(3) A vacancy occurring in the directorships of the Commercial Alliance President or the MLS Chairman shall be filled by election of the Commercial Alliance and the MLS Committee respectively. A Director elected to fill these directorships shall be elected for only the unexpired term of their predecessor in office.
(4) When a Director is elected to an Officer position in the General Membership election, their position will be filled by the individual who receives the next highest number of votes of those running for Director.
SECTION 5. Removal of Officers and Directors In the event that an Officer or Director is deemed to be incapable of or fails to fulfill the duties of the office for which elected, but will not voluntarily resign from office, the Officer or Director may be removed from office under the following procedure:
(a) A petition requiring the removal of an Officer or Director and signed by not less than one-third of the voting membership or two-thirds 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 Association 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 Association unless the Presidents 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.
ARTICLE XIV - MEETINGS
SECTION 1. Meetings of Directors The Board of Directors shall designate a regular time and place of meetings.
SECTION 2. Special Meetings of Directors The President upon written request on the same subject matter by four (4) Directors, shall call a special meeting of the Directors within three (3) business days upon written notice delivered to the office of the Directors. Copies of the written request shall be available for the Directors to review at the Association office.
SECTION 3. Membership Meetings Regular Membership meetings will be held as determined by the Board of Directors to best serve the Members educational, communication and social interests.
SECTION 4. Business Meetings Membership meetings for the conduct of specific business matters may be set from time to time by the Board of Directors or upon the written request of at least ten percent (10%) of all Members of the Association eligible to vote as of January 1, in the current year.
SECTION 5. Annual Meetings There shall be an annual membership business meeting during the fourth quarter of each year. Date and place of said meeting shall be designated by the Board of Directors.
SECTION 6. Notice of Membership Meetings Written notice shall be given to every Member entitled to participate in the meeting at least ten (10) days preceding all meetings. If a special meeting is called, it shall be accompanied by a statement of the purpose of the meeting.
a) A quorum for the transaction of business unless otherwise provided in these Bylaws shall consist of thirty (30) Members eligible to vote.
b) Ten (10) Members of the Board of Directors shall constitute a quorum for the transaction of business.
c) A quorum for the transaction of business contained in published agenda shall consist of three (3) members of the Committee; the quorum for all other matters shall consist of fifty (50%) plus one (1), of the members of the committee.
SECTION 8. Open Meetings With the exception of the Professional Standards Committee and the Grievance Committee, all committee meetings are open for attendance by the membership. Unless authorized by the Chairman, visitors will be unable to take part in any discussions. Visitors will be provided with the copy of the committees agenda. A visitor wishing to speak before a committee must receive permission of the Chair. If the Chair denies permission, staff will notify the GLVAR member visitor that they may appeal the decision immediately and request the full committee to determine if the GLVAR member visitor may speak.
Section 9. Directors Electronic Transaction of Business To the fullest extent permitted by law, the Board of Directors or membership may conduct business by electronic means. (GLVAR Adopted 10/2006)
Section 10. Directors Action without Meeting Unless specifically prohibited by the articles of incorporation, any action required or permitted to be taken at a meeting of the Board of Directors may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors. The consent shall be evidenced by one or more written approvals, each of which sets forth the action taken and bears the signature of one or more Directors. All the approvals evidencing the consent shall be delivered to the Chief Executive Officer to be filed in the corporate records. The action taken shall be effective when all the Directors have approved the consent unless the consent specifies a different effective date. (GLVAR Adopted 10/2006)
ARTICLE XV - COMMITTEES
SECTION 1. General Committees will be established by the Board of Directors to assist in the administration of Association business which encompasses the affairs of the following categories: Professionalism, Government Affairs, Member Services, Fiscal Management, and Technology Information. Each year the Board of Directors shall review the committees and create or abolish them as necessary to serve the needs of the Association.
(a) The President, President-elect and Chief Executive Officer shall be ex-officio non- voting members of all committees, except the Professional Standards and Grievance Committees, and shall be notified of their meetings.
(b) Committee terms shall commence on January 1st and terminate on December 31st.
(a) All committees shall be of such size and shall have such duties, functions and powers as may be outlined in the Policies and the Rules and Regulations or as assigned to them by the President, subject to the approval of the Board of Directors, except as otherwise provided in these Bylaws.
(b) The President, for the year in which they will serve, shall appoint from among the members of the Board of Directors, a Director Liaison for each of the committees, who shall be a non-voting member.
SECTION 3. Committee Membership
(a) Committee Chairman/Vice Chairman: The President shall appoint from among the membership, a Chairman for each committee with the exception of the Commercial Alliance and MLS Committee. The Chairmans term shall coincide with the term of the President. The President-Elect, in consultation with the President, shall appoint from among the membership a Vice-Chairman for each of the committees whose term will coincide with the term of the President-Elect. The Chairman and Vice-Chairman of each committee are subject to confirmation by the Board of Directors and shall be voting members of the committee.
(1) REALTOR members shall be appointed as Chairman and Vice Chairman of all committees except that an affiliate member may serve where approved by the Board of Directors.
(2) A member may only serve as Chair or Vice Chair of one committee during any one year, unless approved by the Board of Directors.
(3) Directors may not chair a committee or a sub-committee of a committee during their term as Director.
(4) Current committees will provide input on appointments.
(b) Members
(1) Any member may become a committee member of any standing committee; except those committees requiring special appointment or election, by attending the first committee meeting of the term.
(2) Any member may join any standing committee; except those committees requiring special appointment or election, by attending two (2) consecutive meetings and receiving a majority vote of those committee members in attendance at the second meeting.
(a) Finance Committee
(1) There shall be a Finance Committee of thirteen (13) members consisting of the Treasurer, the Assistant Treasurer, the MLS Treasurer, the Commercial Alliance Treasurer, and nine Members appointed by the President, for a Two-(2) year staggered term, subject to the confirmation by the Board of Directors. In addition to the Treasurer, one (1) sitting Director may be appointed by the President to the Finance Committee. The Treasurer shall serve as the Chairman and the Assistant Treasurer as the Vice-Chairman. The I Immediate Past Treasurer will be an Ex-Officio Member of the Finance Committee.
a) To be eligible for the position of Treasurer, they must have one (1) full year experience on the Finance Committee within three (3) years prior to the elective year, and should have some knowledge of budgeting and financial planning; or
b) To be eligible as a candidate for the position of Treasurer, a member must have served at least one (1) year within the last three (3) years as a GLVAR Director and should have some knowledge of budgeting and financial planning
c) To be eligible to appointment for one (1) year to the position of Assistant Treasurer, the candidate should have some knowledge of budgeting and financial planning. The President-elect, in consultation with the President shall appoint from among the membership the Assistant Treasurer whose term will coincide with the term of the President-elect.
d) The Commercial Alliance and MLS Treasurer are not eligible for the position of Association Treasurer while serving in their present positions.
e) No REALTORฎ Member shall be nominated, or appointed to the Finance Committee the result of which would be more than two (2) Members of the Finance Committee from the same company, including branches.
f) A change in company affiliation by a Member of the Finance Committee in such a way that there would be more than two (2) representatives from any one (1) company on the Finance Committee shall constitute the resignation of that Committee Member at the end of the year.
(2) Duties: The Finance Committee shall be responsible for:
a) Budget
The Chief Financial Officer (CFO) shall prepare a three (3) year budget with input from committee chairs, vice chairs, staff managers, staff liaisons and the Chief Executive Officer (CEO), taking into consideration any contractual obligations entered into by the Association.
The three (3) year budget shall include the current approved budget estimated through year end, the projected operating budget to be approved for the coming year and the projected budget for the following year.
The annual budget shall include an expense account for the President, President-elect and Board of Directors. The funds are allocated for business and events conducted on behalf of the Greater Las Vegas Association of REALTORSฎ and require original detailed receipts submitted by the appropriate party in order to be processed or reimbursed.
The current and incoming Treasurer will co-chair the annual budget review meeting(s).
The current and incoming Finance Committee members will review the proposed budget and recommend changes based on the budget assumptions, including but not limited to member counts, dues and fees.
Once the Finance Committee has reviewed and approved the proposed three (3) year budget, there shall be scheduled a special meeting of the current and incoming Board of Directors to be held not later than the second week in November. The current and incoming GLVAR Treasurers will present the proposed three (3) year budget to the Directors for their approval and publication of the annual operating portion of the budget in the December issue of the Southern Nevada REALTORฎ and/or mail to the REALTORฎ members at least ten (10) days prior to the regularly scheduled December meeting of the Board of Directors.
b) Financial Review
1. Review all financial contracts; and
2. Review the monthly financial statements and make recommendations in the best interest of the Association; and
3. Review and make recommendations to the Board of Directors for any non-budgeted expenditure over $5,000 prior to any action on said expenditure.
(b) Grievance Committee: Members of the Grievance Committee shall be appointed by the President subject to confirmation of the Board of Directors and for a staggered three (3) year term. The President may consider credentials and experience from another Board/Association in appointment of transferees.
(c) Professional Standards Committee Criteria for membership shall be pursuant to the National Association of REALTORSฎ Code of Ethics and Arbitration Manual Part Two Section XVI.
(d) Presidential Advisory Groups (PAGS), Task Forces and Special Committees
(1) The President may appoint, subject to confirmation by the Board of Directors, such PAGS, as deemed necessary. The PAGS, whose term shall coincide with the term of the President, shall make recommendations to the President.
(2) The President may appoint such Task Forces as deemed necessary, subject to approval by the Board of Directors. Task Forces, whose term will be determined by the Board of Directors, shall make recommendations to the Board of Directors.
(3) The President may appoint such Special Committees, subject to approval by the Board of Directors, as deemed necessary. Special Committees, whose term shall coincide with the President, will make recommendations to the President.
Section 5. Action without Meeting: Any committee may act by unanimous consent in writing without a meeting. The consent shall be evidenced by one or more written approvals, each of which sets forth the action taken and bears the signature of one or more of the members of the committee. (Amended 10/2007)
Section 6. Attendance by Telephone: Members of a committee may participate in any meeting through the use of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Such participation shall be at the discretion of the President and/or Committee Chairman and shall constitute presence at the meeting. (Adopted 10/2007)
ARTICLE XVI - FISCAL and ELECTIVE YEAR
SECTION 1. Fiscal Year The fiscal year of the Association shall be the calendar year.
SECTION 2. Elective Year The elective year of the Association shall be January 1 through December 31 annually.
SECTION 1. Roberts Rules of Order, latest edition shall be recognized as the authority governing the meetings of the Association, its Board of Directors and committees, in all instances wherein its provisions do not conflict with these Bylaws.
ARTICLE XVIII - AMENDMENTS
SECTION 1. Proposed changes to these Bylaws shall be published and a copy sent to each Member eligible to vote at least ten (10) days before the date of meeting. These Bylaws may be amended or altered by the General Membership at any annual or business meeting of the Association called for that purpose, by vote of two-thirds (2/3) of the Members present and eligible to vote.
SECTION 2. Amendments to these Bylaws affecting the mandated verbatim articles of the NATIONAL ASSOCIATION of REALTORSโ shall be automatically adopted without vote of the membership provided said amendments are adopted by the Board of Directors.
SECTION 3. That annual changes to the GLVAR Bylaws voted on by the membership be immediately authenticated at the membership meeting by the Bylaws Committee chairman, vice-chairman, all committee members and the Association EVP signing and initialing them. Copies with the above signatures on the first page and initials on each following page of the Bylaws are then distributed to the above signees.
ARTICLE XIX - DISSOLUTION
SECTION 1. Upon the dissolution or winding up of the affairs of this Association, the Board of Directors, after providing for the payment of all obligations, shall distribute any remaining assets to the NEVADA ASSOCIATION of REALTORSโ to be held in trust for a period of five years. If a charter is granted by the National Association of REALTORSโ for a new association in Clark County during the five year period, said remaining assets shall be distributed to the new association. If no charter is granted within the five year period, the Nevada Association of REALTORSโ shall distribute any remaining assets, within its discretion, to any other non-profit tax exempt organization.
SECTION 1. Authority The GREATER LAS VEGAS ASSOCIATION of REALTORSโ shall maintain for the use of its Members a Multiple Listing Service which shall be subject to the Bylaws of the Association and such Rules and Regulations as may be hereinafter adopted.
SECTION 2. Purpose A Multiple Listing Service is a means by which authorized Participants make blanket unilateral offers of compensation to other Participants acting as buyer agents, or in other agency or non-agency capacities defined by law; by which cooperation among participants is enhanced; by which information is accumulated and disseminated to enable authorized Participants to prepare appraisals, analyses and other valuations of real property for bona fide clients and customers; 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 so participants may better serve their clients and the public. Entitlement to compensation is determined by the cooperating brokers performance as procuring cause of sale or lease.
SECTION 3. Participation
(a) Any REALTORโ Member of this or any other Association/Board who is a principle, partner, corporate officer, or branch manager acting on behalf of the principal, without further qualification, except as otherwise stipulated in these Bylaws, shall be eligible to participate in Multiple Listing upon agreeing in writing to conform to the Rules and Regulations thereof and to pay the costs incidental thereto. However, under no circumstances is any individual or firm, regardless of membership status, entitled to Multiple Listing Service Membership or Participation unless they hold a current, valid real estate brokers license and offer or accept compensation to and from other Participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property. Use of information developed by or published by an Association/Board Multiple Listing Service is strictly limited to the activities authorized under a Participants licensure(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey Participation, or Membership or any right of access to information developed or published by an Association/Board Multiple Listing Service where access to such information is prohibited by law.
(b) A non-member applicant for MLS Participation who is a principal, partner, corporate officer or branch office manager acting on behalf of a principal, shall supply evidence satisfactory to the Association that the non-member has a place of business within the jurisdiction of the Greater Las Vegas Association of REALTORSโ, or an Association/Board of REALTORSโ contiguous thereto; has no record of recent or pending bankruptcy; has no record of official sanctions involving unprofessional conduct; agrees to complete a course of instruction (if any) covering the MLS Rules and Regulations, and computer training related to MLS information entry and retrieval, and shall pass such reasonable and non-discriminatory written examination thereon as may be required by the MLS; and shall agree that if elected as a Participant, will abide by such Rules and Regulations and pay the MLS fees and dues, including the non-member differential (if any), as from time to time established. Under no circumstances is any individual or firm entitled to MLS Participation or Membership unless they hold a current, valid real estate brokers license and offer or accept compensation to and from other Participants, or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property. Use of information developed by or published by an Association/Board Multiple Listing Service is strictly limited to the activities authorized under a Participants licensure(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey Participation or Membership or any right of access to information developed by or published by an Association/Board Multiple Listing Service where access to such information is prohibited by law.
Note: Mere possession of a broker's license is not sufficient to qualify for MLS participation. Rather, the requirement that an individual or firm 'offers or accepts cooperation and compensation' means that the Participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of cooperation and compensation made by listing brokers or agents in the MLS. Actively means on a continual and on-going basis during the operation of the Participant's real estate business. The 'actively requirement is not intended to preclude MLS participation by a Participant or potential Participant that operates a real estate business on a part time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a Participant or potential Participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny participation based on the level of service provided by the Participant or potential Participant as long as the level of service satisfies state law. The key is that the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on the MLS in which participation is sought. This requirement does not permit an MLS to deny participation to a Participant or potential Participant that operates a Virtual Office Website (VOW) (including a VOW that the Participant uses to refer customers to other Participants) if the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation. An MLS may evaluate whether a Participant or potential Participant actively endeavors during the operation of its real estate business to offer or accept cooperation and compensation only if the MLS has a reasonable basis to believe that the Participant or potential Participant is in fact not doing so. The membership requirement shall be applied on a nondiscriminatory manner to all Participants and potential Participants. (Adopted 11/2008)
(c) Generally, Associations/Boards of REALTORSโ, when there is more than one principal in a real estate firm, define the chief principal officer of the firm as the MLS Participant. Brokers or salespersons other than principals are not considered Participants in the Service, but have access to and use of the Service through the principals with whom they are affiliated.
SECTION 4. Supervision The activity shall be operated under the supervision of the Multiple Listing Committee, in accordance with the Rules and Regulations, subject to the approval of the Board of Directors.
SECTION 5. Access to comparable and statistical information Statistical Reports now provides that only MLS Participants are entitled to receive statistical reports, sold information, and other informational reports derived from the MLS. Associations may, at their discretion, make this information available to REALTORSฎ or others who do not participate in the MLS.
SECTION 6. Orientation Any applicant for MLS Participation and any licensee affiliated with an MLS Participant who has access to and use of MLS-generated information shall complete an orientation program of no more than eight (8) classroom hours devoted to the MLS rules and regulations and computer training related to MLS information entry and retrieval and the operation of the MLS within thirty (30) days after access has been provided. (Amended 11/1996)
SECTION 7. Subscribers Subscribers or users of the MLS include non-principal brokers, sales associates and licensed and certified appraisers affiliated with Participants and as specified in the Multiple Listing Service Rules and Regulations.
SECTION 1. Authority The Greater Las Vegas Association of REALTORSโ shall maintain for the use of its Members a Commercial Alliance Division which shall be subject to the Bylaws of the Greater Las Vegas Association of REALTORSโ and such Rules and Regulations as may be herein after adopted.
SECTION 2. Purpose Commercial Alliance shall serve as a clearinghouse for the exchange of information that accommodates the non-residential business activities of Members and non-members of the Association.
SECTION 3. Governing Documents The Greater Las Vegas Association of REALTORSโ shall cause any Commercial Alliance established by it pursuant to this Article to conform its Corporate Charter, Constitution, Bylaws, Rules, Regulations, and Policies, Practice, and Procedures at all times to the Constitution, Bylaws, Rules, Regulations, and Policies of the NATIONAL ASSOCIATION of REALTORSโ.
A
Absences ...18,19
Access . 25
Actions without Meetings . ..........21,23
Affiliate Members . 6, 12,15
Amendments ................24
Annual budget ..22, 23
Annual Changes to Bylaws ..24
Annual dues..................................................................... 14
Annual election................................................................ 18
Annual meeting ..20
Application......................................................................... 7
Application fees . ..10, 14
Arbitration of Disputes 12, 13
Attendance . .23
Authority for MLS ...24
B
Bankruptcy......................................................................... 8
Board of Directors .15, 16, 17
Board Meetings . 23
Branch manager.............................................................. 22
Business Meetings 20
Bylaws............................................................................... 22
C
Candidate Review Committee......................................... 18
Changes........................................................................... 22
Chief Executive Officer .16
Classes of members.......................................................... 6
Code of Ethics . 10, 14
Commercial Alliance .25
Committees....................................................................... 21
Committee Membership . ..21
Conditions....................................................................... 10
Corporate officer.............................................................. 22
Corporate officers.............................................................. 6
D
Deposit............................................................................. 15
Designated REALTOR....................................................... 6
Directors ..17, 18, 19, 20
Discipline 11
Dissolution....................................................................... 24
Dues 10, 14, 15
Dues and assessments................................................... 13
Dues payable.................................................................... 15
Duties ... .16, 22
E
Election 7, 9, 18, 19
Election Committee.......................................................... 18
Electronic Election 19
Electronic Transaction ..21
Elective Year..................................................................... 23
Emblem seal..................................................................... 13
Executive Committee....................................................... 17
Expenditures.................................................................... 16
Expulsion 12
F
Finance Committee 22, 23
Fiscal Year . .22, 23
Franchise REALTOR .6
G
General Committees . 21
Governing body.............................................................. 17
Governing documents.................................................... 26
Grievance ...23
H
Harassment .12
Honorary Life Members 7, 12
Honorary Members 7, 12
I
Indemnity of Directors ...17
Individuals.......................................................................... 6
Institute Affiliate Members .6, 12, 13
J
Jurisdiction...................................................................... 17
L
LFRO .7
M
Meetings........................................................................... 20
Members........................................................................... 13
Members Reprimand 10
Membership........................................................................ 6
Membership Meetings ..20
Meetings of Directors 20
Minutes............................................................................. 17
Multiple Listing................................................................. 24
N
Name .5
New Members Orientation .9
Nominating Committee.................................................... 18
Non-budgeted items........................................................ 16
Non-member Applicant................................................... 24
Nonpayment..................................................................... 15
Notices ..14, 15
Notice of Dues 15
Notice of Membership Meetings ..20
O
Objectives........................................................................... 5
Obligations ..10
Officers ..16, 19
Open Meetings ..21
Organization.................................................................... 21
Orientation (MLS) 9, 23, 25
P
Participation 24
Partner.............................................................................. 22
Preamble . .4
President .16
President Elect .15, 16
Presidential Advisory Groups........................................ 21
Primary member................................................................. 6
Principle member............................................................. 22
Privileges 10
Professional Standards and Arbitration ..12, 23
Provisional Membership .7
Public Service Member 7, 15
Purpose ... .24, 26
Q
Quadrennial Education .10
Qualifications .7, 8, 18
Quorum, BOD................................................................... 21
Quorum, Meetings .20
R
REALTORโ Emeriti.......................................................... 15
REALTORโ Members 6, 14, 15, 18, 19, 21
Removal of Officers & Directors .18
Resignations of Members............................................... 11
Responsibility ..11, 12, 13, 17
Rules of Order 23
S
Sanctions........................................................................... 8
Secondary member............................................................ 6
Special Meeting ... 20, 22
State and national memberships.................................... 13
Status Changes................................................................ 10
Student Member............................................................... 14
Student Members............................................................... 7
Subscribers....................................................................... 23
Supervision...................................................................... 23
T
Task Forces..................................................................... 21
Territorial jurisdiction........................................................ 5
Treasurer.................................................................... 15, 16
U
Use of Terms ..13
V
Vacancies......................................................................... 18
Vice President.................................................................. 16
Violations......................................................................... 10