Cache-Rich Association of REALTORS®

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  •  » Article I
  •  » Article II
  •  » Article III
  •  » Article IV
  •  » Article V
  •  » Article VI
  •  » Article VII
  •  » Article VIII
  •  » Article IX
  •  » Article X
  •  » Article XI
  •  » Article XII
  •  » Article XIII
  •  » Article XIV
  •  » Article XV
  •  » Article XVI
  •  » Article XVII
  •  » Article XVIII
• Code Of Ethics

Article X

Section 1. Application Fee. The Board of Directors may adopt an application fee for REALTOR® Membership in reasonable amount, not exceeding three times the amount of annual dues for REALTOR® Membership, to be reviewed and determined annually, which shall be required to accompany each application for REALTOR® Membership, and which shall become the property of the Association upon final approval of the application.

Section 2. Dues. The dues of Members shall be as follows:
(a) REALTOR® Members. The dues of each REALTOR® 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 and assessed 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 REALTOR® member, and (2) are not REALTOR® Members of any Board in the state or a state contiguous thereto or Institute Affiliate Members of the Association. In calculating the dues payable to the Association by the Designated REALTOR® Member, non-member licensees as defined in Section 2(a)(1) and (2) of the Article shall not be included in the computation of dues if the Designated REALTOR® has paid dues based on said non-member licensees in another Board in the state or a state contiguous thereto, provided the Designated REALTOR® notifies the Board in writing of the identity of the Association/Board to which dues have been remitted. In the case of a Designated REALTOR 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 REALTOR ( as defined in (1) and (2) of this paragraph) in the office where the Designated REALTOR holds membership, and any other offices of the firm located within the jurisdiction of the Association. (Amended 8/07)

(1) For the purpose of this Section, a REALTOR® Member of a Member Board/Association shall be held to be any Member who has a place 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 1, of the Constitution of the NATIONAL ASSOCIATION OF REALTORS®. An individual shall be deemed to be licensed with a REALTOR® if the license of the individual is held by the REALTOR®, or by any broker who is licensed with the REALTOR®, or by any entity in which the REALTOR® has a direct or indirect ownership interest and which is engaged in other aspects of the real estate business (except as provided for in Section 2 (a) (1) hereof) 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 REALTOR with a direct or indirect ownership interest in an entity engaged exclusively in soliciting and/or referring clients and customers to the REALTOR 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 REALTOR filing the form for purposes of this Section and shall note be included in calculating the annual dues of the Designated REALTOR. 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 REALTOR or REALTOR-ASSOCIATE membership in the association. However, membership dues shall not be prorated if the licensee held REALTOR or REALTOR-ASSOCIATE membership during the preceding calendar year.

(b) The dues for REALTOR® Members other than the Designated REALTOR® shall be in such amount as established by the Board of Directors annually, said payment shall become the property of the Association. (Amended 8/07)

(c) Institute Affiliate Members. The annual dues of each Institute Affiliate Member shall be as established in Article II of the Bylaws of the NATIONAL ASSOCIATION OF REALTORS. The Institutes, Societies and Councils of the National Association shall be responsible for collecting and remitting dues to the National Association for Institute Affiliate Members ($75.00). The National Association shall credit $25.00 to the account of a local association for each Institutes Affiliate Member whose office address is within the assigned territorial jurisdiction of that association, provided, however, if the office location is also within the territorial jurisdiction of a Commercial Overlay Board (COB), the $25.00 amount will be credited to the COB, unless the Institute Affiliate Member directs that the dues be distributed to the other board. The National Association shall also credit $25.00 to the account of state associations for each Institute Affiliate Member whose office address is located within the territorial jurisdiction of the state association. Local and state associations may not establish any additional entrance, initiation fees or dues for Institute Affiliate Members, but may provide service packages to which Institute Affiliate Members may voluntarily subscribe.

(d) Members of all other classes shall pay the annual fees and dues fixed by the Board of Directors and the same shall be paid on or before the date fixed by the Board of Directors for the payment thereof. (Amended 8/07)

Section 3. Application fees and annual dues, as established by the Board of Directors shall be on a uniform and nondiscriminatory basis. Dues for all members shall be payable in advance on the first day of each month. Dues shall be computed from the first day a new member makes application for membership in the Association and shall be prorated for the remainder of that year. (Amended 8/07)

(a) In the event a sales licensee or licensed or certified appraiser who holds REALTOR® membership is dropped for nonpayment of Board dues, and the individual remains with the designated REALTOR's® firm, the dues obligation of the "designated" REALTOR® (as set forth in Article X, Section 2, a) will be increased to reflect the addition of a non-member licensee. Dues shall be calculated from the first day of the current fiscal year and are payable within 30 days of the notice of termination.

Section 4. Deposit. All monies 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 5. Expenditures. The Board of Directors shall administer the day to day financial operation of the Association. Total Capital expenditures leased and/or contracted in excess of $7,500 dollars may not be made unless authorized by a majority vote of the REALTOR® Members present and qualified to vote at any meeting, called for this purpose, which a quorum is present.

Section 6. Nonpayment of Financial Obligations. If dues, fees, fines, or other assessments owed to the Association are not paid within thirty days after the due date, the nonpaying member is subject to suspension at the discretion of the Board of Directors. Sixty days after the due date, the account of the nonpaying member will be put on hold and the company will not be held in good standing with the Association. Wasatch Front MLS will then be contacted and a request will be submitted to have the nonpaying company denied access to the Wasatch Front Regional MLS until the account is brought current and the company is again in good standing with the Association. Ninety days after the due date, membership of the nonpaying Member shall automatically terminate unless within that time the amount due is paid in full. However, no action shall be taken to suspend or expel a Member for nonpayment of disputed amounts until the Board of Directors has confirmed the accuracy of the amount owed. A former Member who has had his 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 the manner prescribed for new applicants for membership, after making payment in full of all accounts due as of the date of termination. However, if reinstatement occurs within thirty days from the time membership was terminated for nonpayment, membership may be reinstated by paying a re-admittance fee of 25% of the normal entry fee for a new member.

Section 7. Notice of Dues, Fees, Fines, 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 8. Refund of Dues. Dues are non-refundable after installation: except that new applicants for REALTOR® Member may withdraw their membership applications anytime prior to installation.

Section 9. The dues of REALTOR® Members who are REALTOR® 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.