CONSTITUTION
IDAHO ASSOCIATION of REALTORS®, INC.
dba IDAHO REALTORS®
EFFECTIVE SEPTEMBER 15, 2017
Our members pledge to give homeowners and investors dependable advice and service. As the voice for Real Estate,the Idaho REALTORS® support and educate our members to enhance their professionalism and success. We provide resources to REALTORS® to conduct their business with integrity and competency while adhering to the REALTOR® Code of Ethics. We strive to protect private property rights, promote equal housing opportunity and preserve the American Dream of homeownership.
ARTICLE I
Name
SECTION 1. The name of this organization shall be the Idaho Association of REALTORS®, Inc. dba Idaho REALTORS®and its duration shall be perpetual.
ARTICLE II
Objectives
SECTION 1. The objectives for which the Idaho REALTORS® is organized are:
FIRST:To unite local Boards/Associations of REALTORS®, (hereinafter referred to as Boards/Associations) their members and REALTOR® Members in the State of Idaho for the purpose of effectively exerting a combined influence upon matters affecting real estate, to elevate the standards of the real estate business throughout the state and the professional conduct of persons engaged therein.
VISION:
Idaho REALTORS® is the Voice for Real Estate, meeting the needs of the Idaho real estate industry, and through it, the broader community
MISSION:
Idaho REALTORS® promotes the business interests of its members, advances the high standards of business conduct expressed in the REALTOR® Code of Ethics, and protects private property rights
CORE PRINCIPLES:
1. Proactive Engagement in the political/regulatory process is FUNDAMENTAL to promoting REALTORS® business interests and preserving private property rights
2. Consistent Outreach to consumers to communicate the “REALTOR® Value” message is IMPERATIVE to ensure REALTORS® remain the Voice for Real Estate
3. Cooperative Partnerships with Brokers, local REALTOR® associations and affiliated organizations are ESSENTIAL in delivering our services and communicating our value
4. Demonstrated Commitment to the Code of Ethics and outstanding business conduct is CRUCIAL in reinforcing consumer trust and promoting a stable marketplace
SECOND:To promote and maintain the high standards of conduct in the transaction of the real estate business set forth in the Code of Ethics of the National Associationof REALTORS®, Inc., and to enforce the Code.
THIRD:To advance the civic development and economic growth of the State of Idaho, and to that end to cooperate with all organizations having similar objectives.
FOURTH:To inform the public of the advantages of transacting business with REALTORS®, and to encourage the use by Members of the term REALTOR® and the emblem seal, which hereby designates a person or persons engaged in the real estate business who is a Board Member or Individual Member of the National Associationof REALTORS®.
FIFTH:To make all necessary rules and regulations for admission to membership and the continuance of membership in the Association.
ARTICLE III
Governance
SECTION 1. The governance of the Idaho REALTORS®shall be vested in a Board of Directors consisting of the State President, President Elect, First Vice President, District Vice Presidents, the immediate Past President, who continues his/her REALTOR® Membership therein, the Past Presidents Council elected voting delegate, one Director from each Board and one additional for each 400 REALTOR® Members therein who designate that Board as their primary board and the State Allocated National Directors from the Idaho REALTORScoincident with the term of office. The State Presidents of the Idaho Chapters of Institutes, Societies, and Councils of the National Associationof REALTORS®, other types of National Directors and Board Presidents will be ex-officio members of the Board of Directors. They will not be counted in establishment of a quorum but may vote at any meeting in which they are in attendance. The Board of Directors shall be the trustees of the affairs of the Idaho REALTORS®for the benefit of the members.
ARTICLE IV
Election of Officers
SECTION 1. The Elected Officers shall be elected at the annual meeting of the Idaho REALTORS®. The Idaho REALTORS®may empower the Executive Committee to fix the time and place of holding the annual meetings. All elections shall be by ballot, and the officers receiving a plurality of eligible votes cast shall be declared elected. Election and appointment procedures shall be defined in the Bylaws.
ARTICLE V
Property
SECTION 1. The estimated values of the property and money possessed by the Idaho REALTORS®shall be determined in an annual audit presented to the Board of Directors and the sources of its revenue and income are contributions from its members and others, and fees due from its members for the enjoyment of the privileges of membership and the advantages of the Association. The liability of members for the debts of the Idaho REALTORS®shall be limited to the amount of their dues, fees, and contributions which shall be owing and unpaid.
ARTICLE VI
Location
SECTION 1. The location of the principal office of the Idaho REALTORS®shall be and is the City of Boise, County of Ada, State of Idaho.
ARTICLE VII
Amendments
SECTION 1. This Constitution may be amended by a two-thirds affirmative vote of the Board of Directors ratified by two-thirds of the REALTOR® Members present and the REALTOR® Members having cast absentee ballots in accordance with Article VII, Section 4 of the bylaws at any annual or special meeting called for that purpose after due notice to the members.
BYLAWS
IDAHO ASSOCIATION of REALTORS®, INC.
dba IDAHO REALTORS®
EFFECTIVE SEPTEMBER 15, 2017
ARTICLE I
Name and Objectives
SECTION 1. The name of this organization shall be the Idaho Association of REALTORS®, Incorporated, dba Idaho REALTORS®hereinafter referred to as the Idaho REALTORS® or the Association.
SECTION 2. The objectives of this Idaho REALTORS®shall be to unite local Boards/Associations of REALTORS®, hereinafter referred to as Boards/Associations, their members and REALTOR® Members in the State of Idaho for the purpose of exerting effectively a combined influence upon matters affecting real estate, to elevate the standards of the real estate business throughout the state and the professional conduct of persons engaged therein.
VISION:
Idaho REALTORS® is the Voice for Real Estate, meeting the needs of the Idaho real estate industry, and through it, the broader community
MISSION:
Idaho REALTORS® promotes the business interests of its members, advances the high standards of business conduct expressed in the REALTOR® Code of Ethics, and protects private property rights
CORE PRINCIPLES:
1. Proactive Engagement in the political/regulatory process is FUNDAMENTAL to promoting REALTORS® business interests and preserving private property rights
2. Consistent Outreach to consumers to communicate the “REALTOR® Value” message is IMPERATIVE to ensure REALTORS® remain the Voice for Real Estate
3. Cooperative Partnerships with Brokers, local REALTOR® associations and affiliated organizations are ESSENTIAL in delivering our services and communicating our value
4. Demonstrated Commitment to the Code of Ethics and outstanding business conduct is CRUCIAL in reinforcing consumer trust and promoting a stable marketplace
ARTICLE II
Membership
SECTION 1. The members of the Idaho REALTORS®shall consist of seven classes: (1) Member Boards/Associations; (2) Board/Association members; (3) REALTOR® members; (4) Institute Affiliate members; (5) Affiliate members; (6) Honorary members; and (7) State Affiliate members.
SECTION 2. A Member Board/Association shall be any Board/Association within the State of Idaho whose primary REALTOR® Members shall hold membership in this Idaho REALTORS®and in the National Association of REALTORS®.
SECTION 3. A Board/Association member shall be any REALTOR®Member of a Member Board/Association in good standing.
SECTION 4. A REALTOR® Member shall be any individual engaged in the real estate profession as a principal, partner, or officer of a corporation whose place of business is located in an area outside the jurisdiction of any Member Board/Association and who holds REALTOR® Membership inIdaho REALTORS®. The Board of Directors may establish procedures and standards whereby salespersons and licensed or certified appraisers affiliated with a REALTOR® member may become REALTOR® members of theIdaho REALTORS®. Secondary REALTOR® membership shall also be available to individuals who hold primary membership in a Board/Association in another state and who desire to obtain direct membership in the Idaho REALTORS® without holding membership in a local Board/Association in Idaho.
(a) An applicant for REALTOR® Membership who is a sole proprietor, partner, corporate officer, or branch office manager of a real estate firm shall supply evidence satisfactory to the Idaho REALTORS® that he is actively engaged in the real estate profession, and maintains a current, valid real estate broker's or salesperson's license or is licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, has a place of business within the state or a state contiguous thereto (unless a secondary member) has no record of official sanctions involving unprofessional conduct, agrees to complete a course of instruction covering the Bylaws of theIdaho REALTORS®, and the Constitution and Bylaws and Code of Ethics of the National Association of REALTORS®, and shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Committee, and shall agree that if elected to membership, he will abide by such Constitution, Bylaws, Rules and Regulations, and 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 Idaho REALTORS® membership, shall at the time of application, be associated either as an employee or an independent contractor with a designated REALTOR® member of theIdaho REALTORS® or a designated REALTOR® member of another association (if a secondary member) and must maintain a current, valid real estate broker’s or salesperson’s license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, has no record of official sanctions involving unprofessional conduct, shall complete a course of instruction covering the Bylaws of theIdaho REALTORS®, and the Constitution and Bylaws and Code of Ethics of the National Association of REALTORS®, and shallpass such reasonable and nondiscriminatory written examinations thereon as may be required by the membership committee and shall agree in writing that if elected to membership he/she will abide by said Constitution, Bylaws, Rules and Regulations and the Code of Ethics.
(c) The Idaho REALTORS® will also consider the following in determining an applicant's qualifications for REALTOR® membership:
- All final findings of Code of Ethics violations and violations of other membership duties in any other association within the past three (3) years
- Pending ethics complaints (or hearings)
- Unsatisfied discipline pending
- Pending arbitration requests (or hearings)
- Unpaid arbitration awards or unpaid financial obligations to any other association or association MLS
(d) The Board of Directors (or its appointed designee) shall review and act on all application for membership. An application may not be rejected without providing the applicant with an opportunity to appear before the Board of Directors to make such statements as he/she deems relevant. If the Board of Directors determines that the application should be rejected, it shall record its reasons with the secretary. If the Board of Directors believes that denial of membership to the applicant may become the basis of litigation and a claim of damages by the applicant, it may specify that denial become effective upon entry in a suit by the Idaho REALTORS for declaratory judgment by a court of competent jurisdiction of a final judgment declaring the rejection violates no rights of the applicant.
(e) Designated REALTOR® members. Each firm (or office in the case of firms with multiple office locations) shall designate in writing one REALTOR® member who shall be responsible for all duties and obligations of membership, including the obligation to mediate and then arbitrate pursuant to Article 17 of the Code of Ethics and the payment of Idaho REALTORS®dues as established pursuant to these Bylaws. The “designated REALTOR®” must be a sole proprietor, partner, corporate officer, or branch office manager acting on behalf of the firm’s principal(s) and must meet all other qualifications for REALTOR® membership established in these Bylaws.
(f) Any REALTOR® Member of the Idaho REALTORS®may be disciplined by the Board of Directors for violations of these bylaws, 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 REALTORS® as set forth in the Code of Ethics and Arbitration Manual of the National Association.
(g) If a REALTOR® 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 term REALTOR® or REALTORS® in connection with its business during the period of suspension, or until readmission to REALTOR® membership, or unless connection with the firm, partnership, or corporation is severed, 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 readmission of the disciplined member, or unless connection of the disciplined member with the firm, partnership, or corporation is severed, whichever may apply. Further, the membership of REALTORS® other than the principals who are employed by or affiliated as independent contractors with the disciplined member shall suspend or terminate during the period or suspension of the disciplined member or until readmission of the disciplined member or until connection of the disciplined member with the firm, partnership, or corporation is severed, or unless the REALTOR® member (non-principal) elects to sever his/her connection with the REALTOR® and affiliate with another REALTOR® member in good standing with the Association, whichever may apply. If a REALTOR® member who is other than a principal in a firm, partnership or corporation is suspended or expelled, the use of the term REALTOR® or REALTORS® by the firm, partnership or corporation shall not be affected.
(h) In any action taken against a REALTOR® member for suspension or expulsion under these Bylaws, notice of such action shall be given to all REALTORS® employed by or affiliated as independent contractors with such REALTOR® member and they shall be advised that the provisions of Article II, Section 4(g) shall apply.
SECTION 5. Institute Affiliate Members shall be individuals who hold a professional designation awarded by an Institute, Society or Council affiliated with the National Association of REALTORS® that addresses a specialty area other than residential brokerage or individuals who otherwise hold a class of membership in such Institute, Society or Council that confers the right to hold office. Any such individual, if otherwise eligible, may elect to hold REALTOR® membership, subject to payment of applicable dues for such membership.
SECTION 6. Affiliate Members shall be other individuals or firms who, while not engaged in the real estate profession as defined in Article II of these bylaws, have interest requiring information concerning real estate, and are in sympathy with the objectives of the Association. Affiliate members shall be engaged in a business directly relating to the real estate industry, such as, but not limited to banking, title, construction, etc. Affiliate Members may or may not also affiliate with local boards and associations pursuant to local rules. Individuals or firms that are associated at a local level need not also become Affiliate Members at the state level. Affiliate Member’s dues are established pursuant to Article IV, Section 6 of these bylaws.
SECTION 7. State Affiliate Members shall be non-profit organizations with formal governing documents and state membership and/or jurisdiction on a statewide basis.
SECTION 8. Sponsorsshall be businesses or individuals not engaged directly in any aspect of the real estate industry but are supportive of local Boards/Associations of REALTORS® such as service vendors. Sponsor members of local Boards/Associations are not required to hold any form of membership in the Idaho REALTORS®.
SECTION 9. Honorary Members shall be individuals other than those engaged in the real estate business who have contributed notably to this Idaho REALTORS®and/or the real estate industry as a whole.
SECTION 10. Emeritus Membersshall be any member who has held membership in theIdaho REALTORS® for 40 years and provides a completed copy the NAR certification form. Dues will be waived for those who qualify for Emeritus status and have served 3 or more years on the Idaho REALTORS® Board of Directors,an Idaho REALTORS®Committee or a combination of both. Dues will be reduced by 50% for those who qualify for Emeritus status and have served 2 years or less on the Idaho REALTORS®Board of Directors, an IR Committee or a combination of both. All those who qualify for Emeritus status will be recognized.
ARTICLE III
Privileges of Members
SECTION 1. Individuals shall be accepted into REALTOR® Membership in theIdaho REALTORS, when they become members of a primary local Board/Association of REALTORS® and the Idaho REALTORS®dues and the dues of the National Association of REALTORS® are paid. A licensee living in an area having no organized local Board/Association of REALTORS® may be taken into REALTOR® membership in the Idaho REALTORS® when dues for the State and National Association of REALTORS® are paid.
SECTION 2. Privileges of Members: A REALTOR® Member shall have the right to use the term "Member of the Idaho REALTORS®." and shall be entitled to use the term and service mark denoting "REALTOR®" in accordance with usage guidelines determined and amended from time to time by the National Association of REALTORS®. An Affiliate Member shall have the right to use the term "Affiliate Member of the Idaho REALTORS®," but shall not be entitled to refer to him/herself as a REALTOR® unless he/she is a member of the National Association of REALTORS®.
If a REALTOR® 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 REALTOR® or REALTORS® in connection with its business during the period of suspension, or until readmission to REALTOR® Membership, or unless connection with the firm, partnership, or corporation is severed, 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 readmission of the disciplined Member, or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, whichever may apply. Further, the membership of REALTORS® other than principals who are employed by 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 until connection of the disciplined Member with the firm, partnership, or corporation is severed, or unless the REALTOR® Member (non-principal) elects to sever his connection with the REALTOR® and affiliate with another REALTOR® Member in good standing in the Association, whichever may apply. If a REALTOR® Member who is other than a principal in a firm, partnership, or corporation is suspended or expelled, the use of the terms REALTOR® or REALTORS® by the firm, partnership, or corporation shall not be affected.