ARTICLE I / Members
§1.1 Classes and Qualifications. The members of the Association shall consist of the following classes:
(a) Member Boards, shall be a board, consisting of not less than 25 Board Members within the State of Ohio. All of the Board Members and REALTOR Members of which shall hold membership in the Association and in the National Association of REALTORS, (the “NAR”).
(b) Association members shall be either REALTOR members or Institute Affiliate members of a Member Board in good standing.
(c) A REALTOR member shall be any individual engaged in the real estate profession as a principal, partner, corporate officer, or branch office manager acting on behalf of the firm’s principal(s), and licensed or certified individuals affiliated with said REALTOR member whose place of business is located in an area outside the jurisdiction of any Member Board who meets the qualifications for REALTOR membership established in subsection below. Secondary REALTOR membership shall also be available to individuals who hold primary membership in an association in another state and who desire to obtain direct membership in the state association without holding membership in a local association in the state.
(i) 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 association through its membership committee or otherwise that he/she 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), and shall agree that if elected to membership, he/she will abide by such Constitution, Bylaws, Rules and Regulations, and Code of Ethics.
(ii) 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 REALTOR membership, shall at the time of application, be associated either as an employee or as an independent contractor with a designated REALTOR member of the association 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 and shall agree in writing that if elected to membership he/she will abide by such Constitution, Bylaws, Rules and Regulations, and the Code of Ethics.
(iii) The Executive Committee (or its appointed designee) shall review and act on all applications for membership. An application may not be rejected without providing the applicant with an opportunity to appear before the Executive Committee 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. If the Executive Committee 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.
(iv) The board of directors may adopt an application fee for REALTOR membership in reasonable amount, not exceeding three times the amount of the annual dues for REALTOR membership, 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.
(v) 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 arbitrate (or to mediate if required by the association) pursuant to Article 17 of the Code of Ethics and the payment of association dues as established in Article I of the 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
(vi) Any REALTOR member of the association 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.
(vii) 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/her 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.
(viii) In any action taken against a REALTOR member for suspension or expulsion under Article I, Section c (vii) hereof, 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 in, Section 1.1 (c )(vii) shall apply.
(d) Affiliate Members, each of whom shall be a real estate owner or other individual or firm not engaged in the real estate profession who holds a form of membership in a Member Board other than as defined in subsections (b), or (d) of this section.
(e) Institute Affiliate members shall be individuals who hold a professional designation awarded by a 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.
The Board of Directors of the Association shall have final authority to determine all matters pertaining to membership in the Association.
§1.2 Initial Members. The initial members of the Association shall be the members of the unincorporated association which was the predecessor of the Association, which membership shall be determined as of the date of adoption of these regulations.
§1.3 Dues. The annual dues for each class of members shall be as follows:
(a) Member Boards: The annual dues for each Member Board shall be equal to an amount established from time to time by the Board of Directors multiplied by the number of REALTOR members who hold primary membership in the Board, plus an additional amount established from time to time by the Board of Directors multiplied by the number of salespersons and licensed or certified appraisers who are employed by or associated as independent contractors with REALTOR, members of the Board and who are not themselves REALTORS or Institute Affiliate members. In calculating the dues payable by a member Board, nonmembers, as defined in the preceding sentence, shall not be included in the computation of dues if dues have been paid in another Board in the State or a state contiguous thereto, provided the Board notifies the State Association in writing of the identity of the Board to which dues have been remitted. Nine dollars of this amount, or such other amount as may be established from time to time by the Board of Directors, shall be utilized for the support of the OHIO REALTOR. If a REALTOR member of a member board is or has been the recipient of the Distinguished Service Award of the National Association of REALTORS, then the member board shall not count said recipient in calculating the dues provided for herein; provided, however, that salespersons and licensed or certified appraisers who may be employed by or associated as independent contractors with said recipient and who are not themselves REALTORS or Institute Affiliate members, shall still be counted.
(b) The annual dues for each designated REALTOR member actively engaged in the real estate business from areas not within the jurisdiction of a Member Board shall (1) an amount as established by the board of directors plus (2) an amount as established by the board of directors times the number of real estate salespersons and licensed or certified appraisers who (a) are employed by or affiliated as independent contractors, or who are otherwise directly or indirectly licensed with such REALTOR member, and (b) are not REALTOR or Institute Affiliate members. An individual shall be deemed to be licensed with a REALTOR if the license of the individual is held by the REALTOR, or 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 paragraph (d) hereof) provided that the licensee is not otherwise included in the computation of dues payable by the principal, partner, corporate officer, or branch office manager of the entity. Nine dollars of this amount, or such other amount as may be established from time to time by the Board of Directors, shall be utilized for the support of the OHIO REALTOR, If the individual member is or has been the recipient of the Distinguished Service Award of the National Association of REALTORS, then no dues shall be required for said recipient; provided, however, if said recipient is the designated REALTOR, as defined in the paragraph immediately following, then said recipient shall be required to pay that portion of the dues for an individual member which is based upon the number of salespersons and licensed or certified appraisers who are employed by or associated as independent contractors with the individual member and who are not themselves REALTORS or Institute Affiliate Members.
(c) 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, renting, 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 not be included in calculating the annual dues of the designated REALTOR. Designated REALTORS shall notify the association within three (3) days of any change in status of licensees in a referral firm.
The exemption for any licensee included on the certification form shall automatically be revoked upon the individual being engaged in real estate licensed activities (listing, selling, leasing, renting, managing, counseling, or appraising real property) other than referrals, and dues for the current fiscal year shall be payable.
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 membership in the association. However, membership dues shall not be prorated if the licensee held REALTOR membership during the preceding calendar year.
(d) If two or more REALTORS, are principals of the same firm, partnership or Corporation, then only that REALTOR, designated from time to time by such firm, partnership or Corporation (“Designated REALTORS”) shall be required to pay that portion of the dues for an individual which is based on the number of salespersons, licensed or certified appraiser and independent contractors affiliated with such firm, partnership or Corporation who are not themselves REALTORS or Institute Affiliate Members.
(e) The annual dues of each Institute Affiliate member shall be as established in Article II of the Bylaws of the National Association of REALTORS.
(f) Dues for all other classes of members shall be in such amounts as are determined from time to time by the Board of Directors.
(g) The annual dues of each member shall be paid to the Association periodically in advance.
(h) Dues are due and payable to the Association February 21. Boards will be notified that if 95 percent of dues are not paid by April 1, such boards will have no vote at the next scheduled meeting of the Board of Directors, shall forfeit entitlement to administrative fees as established from time to time by the Board of Directors and shall remit payment of a penalty fee. Such boards shall be required to submit written correspondence to the Finance Committee stating reasons for not remitting payment of dues as required herein. The Finance Committee shall recommend appropriate action to the Board of Directors after reviewing correspondence submitted by the board.
§1.4 Meetings. The Directors elected or appointed by the members of the Association as provided in Article II of these regulations shall act as the elected representatives of the members at any meetings, with full power to act on behalf of the members. The voting rights of the members shall be exercised by the Directors in accordance with other provisions of these regulations, and any decision of the Directors which does not conflict with these regulations, the articles of incorporation of the Association, or any law will be deemed to be the decision of the members to the extent that the decision of the members is required on such matter.
The annual convention of the Association described in Article IX of these regulations shall constitute the annual meeting of the members, and other meetings of the Directors shall constitute meetings of the members to the extent such meetings are required under law. Such meetings shall be called, and notice of such meetings shall be given, as described in other provisions of these regulations.
§1.5 Suspension; Expulsion; Resignation. Any REALTOR member of the association 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.
If a member’s membership in the Association is terminated for any reason, whether voluntarily or involuntarily (in accordance with these regulations), such member shall nonetheless remain liable for the dues payable by such member at any time prior to such termination. All rights and privileges of a member in the Association shall cease on termination of its membership for any reason, and no member shall have any claim against any funds or property of the Association subsequent to termination of its membership.