Section 1. Name. The name of this organization shall be the Evergreen-Conifer Association of REALTORS®, Incorporated, hereinafter referred to as the "Association".

Section 2. REALTORSâ . Inclusion and retention of the Registered Collective Membership Mark REALTORS® in the name of the Association shall be governed by the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS® 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 REALTORS®.

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 COLORADO ASSOCIATION OF REALTORS® and the NATIONAL ASSOCIATION OF REALTORS®, thereby furthering their own objectives throughout the state and nation, and obtain the benefits and privileges of membership therein.

Section 6. To designate, for the benefit of the public, those individuals authorized to use the terms REALTOR® and REALTORS® as licensed, prescribed, and controlled by the NATIONAL ASSOCIATION OF REALTORS®.

Section 1. The territorial jurisdiction of the Association as a Member of the NATIONAL ASSOCIATION OF REALTORS® is:

NORTHERN BOUNDARY: Beginning at a common Jefferson County-Clear Creek County Line at a point where Interstate 70 intersects said line, then Easterly along Interstate 70 to a point where Interstate 70 intersects the East boundary line of Section 1, Southeast corner of Section 15, Township 4 South, Range 71 west of 6th P.M., then East to the Northeast corner of Section 24, Township 4 South, Range 71 west, then South to the Southeast corner or Section 25, Township 4 South, Range 71 West of 6th P.M., then East to the Northeast corner of Section 32, Township 4 South, Range 70 West;

EASTERN BOUNDARY: South from the Northeast corner of Section 32, Township 4 South, Range 70 west to the Southeast corner of Section 5, Township 7 South, Range 70 West;

SOUTHERN BOUNDARY: West from the Southeast corner of Section 5, Township 7 South, Range 70 west to a point where the South boundary line or Section 1, Township 7;

WESTERN BOUNDARY: North along Jefferson County line to the point of beginning.

Section 2. Territorial jurisdiction is defined to mean:

(a) The right and duty to control the use and the terms REALTOR® and REALTORS®, subject to the conditions set forth in these Bylaws and those of the NATIONAL ASSOCIATION OF REALTORS®, in return for which the Association agrees to protect and safeguard the property rights of the Nation Association in the terms.

Section 1. There shall be seven classes of Members as follows:

(a) REALTOR® MEMBERS. REALTOR® Members, whether primary or secondary shall be:

(1) Individuals who, as sole proprietors, partners, or 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, or financing, building, developing or subdividing real estate, and who maintain or are associated with an established real estate office in the state of Colorado or a state contiguous thereto. All persons who are partners in a partnership, or all officers in a corporation who are actively engaged in the real estate profession within the state or a state contiguous thereto shall qualify for REALTOR® Membership only, and each is required to hold REALTOR® membership (except as provided in the following paragraph) in an Board of REALTORS® within the state or a state contiguous thereto unless otherwise qualified for Institute Affiliate Membership as described in Section 1(b) of Article IV.

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 board in which one of the firm’s principals holds REALTOR® membership, shall be required to hold REALTOR® membership unless otherwise qualified for Institute Affiliate Membership as described in Section 1 (b) of Article IV.

NOTE: REALTOR® Members may obtain membership in a "secondary" Board in another state.

(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 REALTOR® Member and meet the qualifications set out in Article V.

(3) Franchise REALTOR® Membership. Corporate officers (who may be licensed or unlicensed) of a real estate brokerage franchise organization with at least one hundred fifty (150) franchisees located within the United States, its insular possessions and the commonwealth of Puerto Rico, elected to membership pursuant to the provisions in the NAR Constitution and Bylaws. Such individuals shall enjoy all of the rights, privileges and obligations of REALTOR® membership (including compliance with the Code of Ethics) except: obligations related to board mandated education, meeting attendance, or indoctrination classes or other similar requirements, the right to use the term REALTOR® in connection with their franchise organization's name; and the right to hold elective office in the local board, state association and National Association.

(4) Primary and secondary REALTOR® 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 state and National dues are remitted through another Association. One of the principals in a real estate firm must be a Designated REALTOR® member of the Association in order for licensees affiliated with the firm to select the Association as their "primary" Association.

(5) 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 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 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 qualification for REALTOR® 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 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® or REALTOR®-ASSOCIATE 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 lease two years of college and at least one college level course in real estate, but are not engaged in the real estate profession on their own account or not associated with an established real estate office.

(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 applicant agrees as a condition to membership to thoroughly familiarize himself with the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, The Constitutions, Bylaws and Rules and Regulations of the Association, the State and National Associations, and if elected a Member, will abide by the Constitutions and Bylaws and Rules and Regulations of the Association, State and National Associations, and if a REALTOR® Member, will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® including the obligation to arbitrate controversies arising out of real estate transactions as specified by Article 17 of the Code of Ethics, and as further specified in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®, as from time to time amended, and (2) that applicant consents that the Association, through its Membership Committee or otherwise, may invite and receive information and comment about 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.

(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 Membership Committee that he is actively engaged in the real estate profession, has a place of business within the state, or a state contiguous thereto (unless a secondary member), and must maintain a current, valid real estate broker’s or salesperson license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, 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 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.

(*) 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 office manager, is not involved in any pending bankruptcy or insolvency proceedings or, has not been adjudged bankrupt in the past three (3) years. If a bankruptcy proceeding as described above exists, 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 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; (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 from knowingly granting REALTOR® or REALTOR-ASSOCIATE® membership to any applicant who has an unfulfilled sanction pending which was imposed by another Board or Association of REALTORS® for violation of the Code of Ethics.

(b) Individuals who are actively engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office managers in order to qualify for REALTOR® Membership, shall at the time of application be associated either as an employee or as and 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 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 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 REALTORS® and shall pass such reasonable and non-discriminatory written examinations thereon as may be required by the Membership Committee, and shall agree in writing that if elected to membership he will abide by such constitution, Bylaws, Rules and Regulations and the Code of Ethics.

(c) The Association will also consider the following in determining an applicant’s qualifications for REALTOR® membership:

1. All final findings 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

"Provisional" membership may be granted in instances where ethics complaints or arbitration requests (or hearings) are pending in other associations or where the applicant for membership has unsatisfied discipline pending in another association (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 from the date that provisional membership is approved. Provisional members shall be considered REALTORS® and shall be subject to all of the same privileges and obligations of complaint or arbitration request pending, the association may condition membership on the applicant’s 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.

(d) At the discretion of the Board of Directors, and in the interest of continuing education, all REALTOR® members in the Evergreen-Conifer Association are to complete no more than six (6) hours of classroom education every two (2) years in the areas of Anti-Trust and Fair Housing. The format is to be determined by the Board of Directors and the Education Committee.

Applicants for membership in the Association are required to attend an Orientation class including instruction covering the Bylaws and Rules and Regulations of the Association, Anti-Trust and Equal Opportunity in Housing, and the Ethics and Professional Practices course.

(e) Should a member leave the Association, his original application fee is to go for one (1) year from the time he leaves. If that person wishes to return to the Association after one (1) year, he is required to re-file for membership and again pay the application fee.

The procedure for election to membership shall be as follows:

(a) Applicants for REALTOR ® (and REALTOR-ASSOCIATE®, where applicable) membership shall be granted provisional membership immediately upon submission of a completed application form and remittance of applicable association dues and any application fee. Provisional members shall be considered REALTORS® (or REALTOR – ASSOCIATES®) and shall be subject to all the same privileges and obligations of membership. Provisional membership is granted subject to subsequent review of the application by the Board of Directors. If the Board of Directors determines the individual does not meet all of the qualifications for the requirements of membership as established in the associations bylaws, or, if the individual does not satisfy all of the requirements of membership (for example, completion of a mandatory orientation program) within days from the association’s receipt of their application, membership may, at the decision of the Board of Directors, be terminated.

(b) 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 subsection (a) above. 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 application fee

(c) The Board of Directors may not terminate any provisional membership without providing the member with advance notice, an opportunity to appear before the Board of Directors, call a witness 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 it may electronically or mechanically record the proceedings.

(d) 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 the rights of the individual.

Applicants for REALTOR® membership and provisional REALTOR® 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 REALTOR® membership or provisional members who have completed comparable orientation in another association, provided that REALTOR® membership has been continuous, or that any break in membership is for one year or less.

Failure to satisfy this requirement within 90 days of the date of the 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 REALTORS®.

Effective January 1, 2001 through December 31, 2004, and for successive four year periods thereafter, each REALTOR® 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 o instruction conducted by this or another association, the State Association or REALTORS®, the NATIONAL ASSOCIATION OF REALTORS®, or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the NATIONAL ASSOCIATION OF RAELTORS® from time to time. REALTOR® members who have completed training as a requirement of membership in another association and REALTOR® members who have completed the New Member Code of Ethics Orientation during any four year cycle commences.

Failure to satisfy this requirement shall be considered a violation of a membership duty for which REALTOR® membership shall be suspended until such time as the training is completed.

(a) A REALTOR® who changes the conditions under which he holds membership shall be required to provide written notification to the board within 30 days. A REALTOR® (non-principal) who becomes a principle in the firm with which he has been licensed or, alternatively, becomes a principal in a new firm which will be comprised of REALTOR® principals may be required to satisfy any previously unsatisfied membership requirements applicable to REALTOR® (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 REALTOR® (principal). If the REALTOR® (non-principal) does not satisfy the requirements established in these Bylaws for the category of membership to which to which they have transferred within 30 days of the date they advised the Board of their change in status, their new membership application will terminate automatically unless otherwise so directed by the Board of Directors.

A REALTOR® (or REALTOR-ASSOCIATE®, where applicable) who is transferring their license from one firm comprised of REALTOR® principals to another firm comprised of REALTOR® principals shall be subject to all the privileges and obligations of membership during the period of transition. If the is not completed within 10 days of the date the Board is advised of the disaffiliation with the current firm, membership will terminate automatically unless otherwise so directed by the Board of Directors.

(The Board of Directors, at its discretion, may waive any qualification which the applicant has already fulfilled in accordance with the Board’s Bylaws.)

(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.

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 not inconsistent with these Bylaws, after a hearing as provided in the Code of Ethics and Arbitration Manual of the Association. Although Members other than REALTORSâ are not subject to the Code of Ethics or 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 REALTORSâ and conduct their business and professional practices accordingly. Further, Members other than REALTORSâ may, upon recommendation of the Membership Committee, or upon recommendation by a hearing panel of the Professional Standard 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 REALTORâ or REALTORSâ , and the real estate industry, or for conduct that is inconsistent with or adverse to the objectives and purposes of the local Association, the State Association, and the NATIONAL ASSOCIATION OF REALTORSâ .

Section 3. Any REALTORâ Member of the Association may be disciplined by the Board of Directors for violation of the Code of Ethics or other duties of membership, after a hearing 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 REALTORSâ 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, division, or subsidiaries, the Association may 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, that Board of Directors may condition the right of the resigning Member to reapply for membership upon the applicants certification that he/she will submit to the pending ethics proceeding and will abide by the decision of the hearing panel.

(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 REALTOR®.

Section 6. REALTORâ Members. REALTORâ Members, whether primary or secondary, in good standing whose financial obligation to the Association are paid in full shall be entitled to vote and to hold elective office in the Association; may use the terms REALTORâ and REALTORSâ , which use shall be subject to the provisions of Article VIII; and have the primary responsibility to safeguard and promote the standards, interests, and welfare of the Association and the real estate profession.

(a) If a REALTORâ 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 REALTORâ or REALTORSâ in connection with its business during the period of suspension, or until readmission to REALTORâ 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 readmission of the disciplined Member, or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, or unless the REALTOR® who is suspended or expelled removes himself from any form or degree of management control of the firm for the term of suspension or until readmission to membership, whichever may apply. Removal of an individual from any form or degree of management control must be certified to the Board 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 REALTOR® and REALTORS® in connection with its business during the period of suspension or until the former Member is admitted to membership in the Board, 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 REALTORSâ 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 REALTORâ Member (non-principal) elects to sever his connection with the REALTORâ and affiliate with another REALTORâ Member in good standing in the Association, whichever may apply. If a REALTORâ Member who is other than a principal in a firm, partnership, or corporation is suspended or expelled, the use of the terms REALTORâ or REALTORSâ by the firm, partnership, or corporation shall not be affected.

If a REALTOR® member other than sole proprietor in a firm, partner in a partnership, or an officer of a corporation is suspended or expelled, the use of the terms REALTOR® or REALTORS® by the firm, partnership, or corporation shall not be affected.

(b) In any action taken against a REALTORâ Member for suspension or expulsion under Section 6(a) hereof, notice of such action shall be given to all REALTORSâ employed by or affiliated as independent contractors with such REALTORâ Member and they shall be advised that the provisions in Article VI, Section 6(a) shall apply.

Section 7. Institute Affiliate Members. Institute Affiliate Members shall have rights and privileges and be subject to obligation prescribed by the Board of Directors consistent with the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORSâ .

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 REALTOR®, REALTOR-ASSOCIATE®, or the REALTOR ® logo; to serve as President of the local association; or to be a participant in the local association’s 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.

Section 9. Public Service Members. Public Service Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.

Section 10. Honorary Members. Honorary 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.

Section 12. Certification by REALTORâ . A Designated REALTORâ Members of the Association shall certify to the Association during the annual dues billing on a form provided by the Association, a complete listing of all individuals licensed or certified in the REALTORSâ office(s) and shall designate a primary Association for each individual who holds membership. "Designated" REALTORSâ shall also identify any non-member licensees in the REALTORSâ office(s) and if Designated REALTORâ Dues have been paid to another Board based on said non-member licensees, the Designated REALTORâ shall identify the 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" REALTORâ Members shall also notify the Association of any additional individual(s) licensed or certified with the firm(s) within seven (7) working days of the date of affiliation or severance of the individual.

Section 13. Legal Liability Training. Within two years of the date of election to membership, and every two years thereafter, each REALTOR® member of the Board shall be required to demonstrate that they have completed a course of instruction on anti-trust laws, agency laws, civil rights laws, or the REALTORS® Code of Ethics, its interpretation and meaning and/or the procedures related to its enforcement.

This requirement will be considered satisfied upon presentation of evidence that the member has completed an educational program conducted by another Member Board, the State Association of REALTORS®, the NATIONAL ASSOCIATION OF REALTORS® or any of its affiliated institutes, societies or councils, or any other recognized educational institution which, in the opinion of the Board of Directors, is an adequate substitute for the training programs conducted by the Board.

Failure to satisfy this requirement biennially will result in membership being suspended from the date it otherwise would be renewed until such time that the member provides evidence of completion of the aforementioned educational requirements.

NOTE: Any education requirement must comply with Interpretation No. 37 of Article I Section 2, Bylaws, NATIONAL ASSOCIATION OF REALTORS®.

Section 14. Sexual Harassment. Any member of the board may be reprimanded, placed on probation, suspended or expelled for sexual harassment of a board or MLS employee after a hearing in accordance with the established procedures of the board. The decision of the appropriate disciplinary action to be taken shall be made by the investigatory team comprised of the President, and 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 counsel for the board. If the complaint names 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.

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 REALTORSâ , as from time to time amended, which by this reference is 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 REALTORâ Member of the Association to abide by the Constitution and Bylaws and the Rules and Regulations of the Association, the Constitution and Bylaws of the State Association, the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORSâ , and to abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORSâ , 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 REALTORSâ as from time to time amended.

Section 3. The responsibility of the Association and Association members relating to the enforcement of the Code of Ethics, the disciplining of members, the arbitration of disputes, and the organization and procedures incident thereto, shall be consistent with the cooperative professional standards enforcement agreement entered into by the Association, which by this reference is made a part of these Bylaws.

Section 1. Use of the terms REALTORâ and REALTORSâ by Members shall, at all times, be subject to the provisions of the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORSâ 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 REALTORSâ , use of the terms within its jurisdiction.

Section 2. REALTORâ Members of the Association shall have the privilege of using the terms REALTORâ and REALTORSâ in connection with their places of business within the state or a state contiguous thereto so long as they remain REALTORâ Members in good standing. No other class of Members shall have this privilege.

Section 3. A REALTORâ Member who is a principal of a real estate firm, partnership, or corporation may use the terms REALTORâ and REALTORSâ 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 REALTO® Members of the Association or Institute Affiliate Members as described in Section 1(b) of Article IV.

(a) In the case of a REALTOR® member who is a principal of real estate firm, partnership, or corporation whose business activity is substantially all commercial, the right to use the term REALTOR® or REALTORS® shall be limited to office locations in which a principal, partner, corporate officer, or branch office manager of the firm, partnership, or corporation operates additional places of business in which no principal, partner, corporate officer, or branch office manager holds REALTOR® membership, the term REALTOR® or REALTORS® may not be used in any reference to those additional places of business.

Section 4. Institute Affiliate Members shall not use the terms REALTORâ or REALTORSâ , nor the imprint of the emblem seal of the NATIONAL ASSOCIATION OF REALTORSâ .

Section 1. The Association shall be a Member of the NATIONAL ASSOCIATION OF REALTORSâ and the COLORADO ASSOCIATION OF REALTORSâ . By reason of the Association's Membership, each REALTORâ Member of the Member Association shall be entitled to membership in the NATIONAL ASSOCIATION OF REALTORSâ and the Colorado Association of REALTORSâ 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 its REALTORâ Members, decision is made to withdraw, in which case the State and National Association shall be notified at least one 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 REALTORSâ in the terms REALTORâ and REALTORSâ . 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 condition imposed upon the terms.

Section 3. The Association adopts the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORSâ and agrees to enforce the code among its REALTORâ Members. The Association and all of its Members agree to abide by the Constitution, Bylaws, Rules and Regulations, and policies of the NATIONAL ASSOCIATION OF REALTORSâ and the COLORADO ASSOCIATION OF REALTORSâ .

The responsibilities of the Association and its members relating to the enforcement of the code of Ethics, the disciplining of members, the arbitration of disputes, and organization and procedures incident thereto, shall be governed by the NATIONAL ASSOCIATION OF REALTORSâ Code of Ethics and Arbitration Manual, herein referred to "the manual" as from time to time amended subject to the following:

(a) The provisions of the Colorado Uniform Arbitration Act, Sec. 13-22-201, ff., C.R.S. 1973, shall apply and the Manual shall be interpreted in a manner which is consistent with the statute.

(b) The term "REALTOR® Associate" shall be deleted from the text as it is not applicable in this Association.

(c) Fees and deposits shall be in the amounts determined by the Board of Directors from time to time.

(d) References to "state" or "state law" shall refer to the State of Colorado or the laws of that state as the context may indicate.

Section 1. Application Fee. The Board of Directors may adopt an application fee for REALTORâ Membership in reasonable amount, not exceeding three (3) times the amount of the annual dues for REALTORâ Membership, which shall be required to accompany each application for REALTORâ 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) REALTORâ MEMBERS. The annual dues of each Designated REALTORâ 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 appraiser who (1) are employed by or affiliated as independent contractors or who are otherwise directly or indirectly licensed with such REALTORâ Member, and (2) are not REALTORâ Members of any 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 Designated REALTORâ Member, non-member licensees as defined in Section (1) and (2) of this paragraph shall not be included in the computation of dues if the Designated REALTORâ has paid dues based on said non-member licensees in another Association in the state or a state contiguous thereto, provided the Designate REALTORâ notifies the Association in writing of the identity of the Association 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 this board.

(1) For the purpose of this Section, a REALTORâ Member of a Member Association 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 1, of the constitution of the NATIONAL ASSOCIATION OF REALTORSâ . An individual shall be deemed to be licensed with a REALTORâ if the license of the individual is held by the REALTORâ , or by any broker who is licensed with the REALTORâ , or by any entity in which the REALTORâ has a direct or indirect ownership interest and which is engaged in soliciting and/or referring clients or customers to the REALTORâ or his firm on a substantially exclusive basis or which is engaged in other aspects of the real estate business provided that such licensee is not otherwise included in the computation of dues payable by the principal, partner, or corporate officer of the entity.

(b) REALTORâ Members. The annual dues of REALTORâ Member other than the Designated REALTORâ shall be in such amount as established annually by the Board of Directors.

(c) Affiliate Members. The annual dues of each Affiliate Member shall be the annual local Association dues as determined by the Board of Directors.

(d) Institute Affiliate Members. The annual dues of Institute Affiliate Members shall be as established in Article II of the Bylaws of the NATIONAL ASSOCIATION OF REALTORSâ .

NOTE: 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 Institute Affiliate Member shoes 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 COR, 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.

(e) Public Service Members. The annual dues of Public Service Members shall be in such amount as established annually by the Board of Directors.

(f) Honorary Members. Dues payable, if any, shall be at the discretion of the Board of Directors.

(g) Student Members. Dues payable, if any, shall be at the discretion of the Board of Directors.

Section 3. Dues Payable and Non-Payment of Dues. Dues for all Members shall be payable annually in advance on the first day of the quarter in which a member shall be notified of election and shall be prorated for the remainder of the year. Dues are payable by November 15th and are delinquent November 16th. Delinquent members will be assessed a late penalty equal to ten percent (10%) of the annual dues amount. Members whose dues are not paid by December 31st shall have their membership terminated and their MLS services will be discontinued. A former member whose membership is terminated may apply for reinstatement in the manner prescribed for new applicants for membership after making payment in full of all past due accounts. Notification to delinquent members shall be sent by certified mail with a return receipt requested and a copy of the notification will be sent to the employing broker.

(a) In the event a sales licensee or licensed or certified appraiser who holds REALTORâ membership is dropped for nonpayment of Association dues, and the individual remains with the designated REALTORâ 's firm, the dues obligation of the "designated" REALTORâ (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. Nonpayment of Financial Obligations. If dues, fees, fines, or other assessments including amounts owed to the Association or the Association's Multiple Listing Service are not paid within one (1) month after the due date, the nonpaying Member is subject to suspension at the discretion of the Board of Directors. Two (2) months after the due date, membership of the nonpaying Member may be terminated at the discretion of the Board of Directors. Three (3) months after the due date, membership of the nonpaying Member shall automatically terminate unless within that time the amount due is paid. However, no action shall be taken to suspend or expel a Member for nonpayment of disputed amounts until the accuracy of the amount owed has been confirmed by the Board of Directors. 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 a manner prescribed for new applicants for membership, after making payment in full of all accounts due as of the date of termination.

Section 5. 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 6. Expenditures. The Board of Directors shall administer the finances of the Association including Capital expenditures.

Section 7. Budget. The Board of Directors shall hold a meeting open to all of the voting members annually and shall adopt a budget for the fiscal (calendar) year.

Section 8. 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 within thirty (30) days of incurred delinquency setting forth the amount owed and due date.

Section 9. The dues of REALTORâ Members who are REALTORâ 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's Association dues obligation to the National Association is reduced by an amount equal to the amount which the Association is assessed for a REALTORâ Member, times the number of REALTORâ 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 REALTORâ Members of the Association. The dues obligation of such individuals to the local Association should be reduced to reflect the reduction in the Association's dues obligation to the National Association.

It should be noted that this does not affect a "designated" REALTORâ 's dues obligation to the Association with respect to those licensees employed by or affiliated with the "designated" REALTORâ who are not Members of the local Association.

Section 1. Officers. The elective officers of the Association shall be: a President, a President-Elect, a Secretary, and a Treasurer. The Secretary and the Treasurer may be the same person. They shall be elected for terms of one (1) year.

Section 2. Duties of Officers. The duties of the officers shall be such as their titles by general usage would indicate and such as may be assigned to them by the Board of Directors. It shall be the particular duty of the Secretary to keep the records of the Association and to carry on all necessary correspondence with the NATIONAL ASSOCIATION OF REALTORSâ and the COLORADO ASSOCIATION OF REALTORSâ .

Section 3. Board of Directors. The governing body of the Association shall be a Board of Directors consisting of five elective officers, six Directors at Large and a number of State Association Directors as established by the Colorado Association of REALTORSâ . The State Association Directors and Directors at Large shall be elected to serve for staggered terms of two (2) years. The officers shall be elected for one year terms. Vacancies occurring during mid-term will be filled by appointment by the Board of Directors.

(a) The immediate past president, who is a REALTORâ Member of the Board, shall be a voting member of the Board of Directors.

(a) The nominating committee shall, no later than seventy-five (75) days prior to election, publicly solicit the names of members who are interested in filling Board of Directors positions. After reviewing applicants, the nominating committee shall, no later than sixty (60)days prior to the election, publish a recommended slate of nominees to the membership. Members who wish to run for office whose names do not appear on the nominating committee’s slate, shall no later than forty-five (45) days prior to election day, submit their names to the nominating committee indicating which office they seek and providing a petition signed by no fewer than twenty percent ( 20%) of the current Association Membership. The final ballot for positions to be filled, made up of the nominating committee’s recommended slate and others who have complied with the petition and filing requirement above, shall be presented to the membership no later than thirty (30) days prior to election day.

(b) The election of officers and directors shall take place at the annual meeting. Election shall be by ballot and all votes must be cast in person. The ballot shall contain the names of all candidates and the officers for which they are nominated. Such officers shall be inducted at an annual installation meeting of all the members, no later than September 30th of each year.

(c) The President, with the approval of the Board of Directors, shall appoint an Election Committee of three (3) REALTORâ members to conduct the election. In case of a tie vote, the winner shall be determined by lot.

Section 5. Vacancies. Vacancies among the Officers and the Board of Directors shall be filled by the Board of Directors until the next annual election.

Section 6. Removal of Officers and Directors. In the event that an Officer or Director is deemed to be incapable of fulfilling the duties for which elected, but will not resign from office voluntarily, 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 a 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.

(c) 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 President's 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. A quorum for the meetings shall consist of 10% of the primary and secondary members, and a three-fourths vote of Members present and voting shall be required for removal from office.

Section 1. Annual Meetings. The annual meeting of the Association shall be held in the month of August of each year, the date, place, and hour to be designated by the Board of Directors.

Section 2. Meeting of Directors. The Board of Directors shall designate a regular time and place of meeting. Directors' meetings and membership breakfasts are mandatory for officers and directors - and social events are recommended. Also, after three (3) unexcused absences the name of the offending Director member is to be brought before the Directors for disciplinary consideration.

Section 3. Board of Directors Quorum. A quorum for the transaction of business at monthly or special meetings shall consist of a majority of Board of Director members.

Section 4. Other Meetings. Meetings of the Members may be held at such other times as the President or the Board of Directors may determine, or upon the written request of at least ten percent (10%) of the Members eligible to vote.

Section 5. Notice of Meetings. Written notice shall be given to every Member entitled to participate in the meeting at least five (5) days preceding all meetings. If a special meeting is called, it shall be accompanied by a statement of the purpose of the meeting.

Section 6. Quorum. A quorum for the transaction of business at monthly or special meetings shall consist of 10% of the primary or secondary membership. A majority of those members present and voting is required to conduct business.

Section 1. Standing Committee. Subject to confirmation by the Board of Directors, the President may appoint from among the REALTORâ Members, the following Standing Committees:

Budget/Finance, Building Trades, CARHOF, Chamber of Commerce, Education, Equal Opportunity, Fair Housing, Governmental Affairs, Grievance, Membership, MLS, Nominating, Orientation, Professional Standard, Program, PSF, Public Relations, REALTORâ Relay, REALTORâ of Year, Scholarship, Social.

Section 2. Special Committees. The President shall appoint, subject to confirmation by the Board of Directors, special committees as deemed necessary.

Section 3. Organization. All committees shall be of such size and shall have such duties, functions, and powers as assigned by the President or the Board of Directors except as otherwise provided in these Bylaws.

Section 4. President. The President shall be an ex-officio member of all standing or special committees and shall be notified of their meetings.

Section 5. Vacancies. Vacancies in un-expired terms shall be filled by appointment as with original appointees.

Section 6. Attendance. Any committee member who fails to attend three (3) regular or special meetings of the committee, without excuse acceptable to the Chairman, shall be deemed to have resigned from the committee and the vacancy shall be filled by appointment as herein provided.

Section 1. Elective Year. The elective year of the Association shall be October 1st to September 30th.

Section 2. Fiscal Year. The calendar year will be the fiscal year, January 1st to December 31st, inclusive.

Section 1. Robert’s 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.

Section 1. These Bylaws may be amended by a two-thirds vote of the Members present and qualified to vote at any meeting at which a quorum consisting of 10% of the membership is present, provided the substance of such proposed amendment or amendments has been plainly stated in the call for the meeting, except that the Board of Directors may, at any regular or special meeting of the Board of Directors at which a quorum is present, approve amendments to the Bylaws which are authorized or directed by NAR policy.

Section 2. Notice of all meetings at which amendments are to be considered shall be given to every Member at least one (1) week prior to the meeting.

Section 3. Amendments to these Bylaws affecting the admission or qualification of REALTORâ and Institute Affiliate Members, the use of the terms REALTORâ and REALTORSâ or any alteration in the territorial jurisdiction of the Association shall become effective upon their approval as mandated by the Board of Directors of the NATIONAL ASSOCIATION OF REALTORSâ .

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 COLORADO ASSOCIATION OF REALTORSâ , or within its discretion, to any other non-profit tax exempt organization.

NOTE: In the event of any conflict between NAR and CAR Regulations and the Bylaws of the EVERGREEN-CONIFER ASSOCIATION OF REALTORSâ , the Bylaws of the Evergreen-Conifer Association shall be deemed controlling.

Section 1. Authority. The Association shall maintain for the use of its Members a Multiple Listing Service which shall be subject to the Bylaws of the Association of REALTORSâ 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 the other Participants (acting as subagents, buyer agents, or in other agency or non-agency capacities defined by law); by which information is accumulated and disseminated to enable authorized Participants to prepare appraisals and other valuations of real property; by which Participants engaging in real estate appraisal contribute to common data bases; and is a facility for the orderly correlation and dissemination of the listing information among the Participants so they may better serve their client and the public. Entitlement to compensation is determined by the cooperating broker's performance as procuring cause of the sale (or lease).

Section 3. Participation. Any REALTORâ Member of this or any other Association who is a principal, partner, or corporate officer, or branch manager acting on the 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 or membership status, entitled to Multiple Listing Service "Membership" or "Participating" unless they hold a current, valid real estate broker’s license and are capable of offering and accepting cooperation and accepting 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 Multiple Listing Service is strictly limited to the activities authorized under a Participant’s 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 Multiple Listing Service where access to such information is prohibited by law.

Any applicant for MLS participation and any licensee (including licensed or certified appraisers) affiliated with an MLS Participant who has access to and use of MLS-generated information shall complete an MLS training program of no more than four (4) classroom hours devoted to the MLS rules and regulations and computer training related to MLS information entry and retrieval within ninety (90) days after access has been provided.

(a) A nonmember 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 he 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, he will abide by such rules and regulations and pay the MLS fees and dues, including the nonmember 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 broker’s license and are capable of offering and accepting 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 a Board Multiple Listing Service is strictly limited to the activities authorized under a Participant’s 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 Multiple Listing Service where access to such information is prohibited by law.

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 approval of the Board of Directors.

Section 5. Appointment of Committee. The President shall appoint, subject to the confirmation of the Board of Directors, a Multiple Listing Committee. All members of the committee shall be Participants in Multiple Listing except, at the option of the Association, REALTORSâ or REALTORâ -ASSOCIATES affiliated with Participants may be appointed to serve in such numbers as determined by the Association. The Committee Members so named shall serve two (2) year staggered terms. The Committee shall select its Chairperson from among the members thereof. (The Chairperson may be designated by the President).

Section 6. Vacancies. Vacancies in un-expired terms shall be filled as in the case of original appointees.

Section 7. Attendance. Any committee Member who fails to attend three (3) consecutive regular or special meetings of the committee, without excuse acceptable to the Chairperson of the Committee, shall be deemed to have resigned from the Committee and the vacancy shall be filled as herein provided for original appointees.

Section 8. Access to Comparable and Statistical Information. Association Members who are actively engaged in real estate brokerage, management, mortgage financing, appraising, land development or building, but who do not participate in the MLS, are nonetheless entitled to receive, by purchase of lease, information other than current listing information that is generated wholly or in part by MLS including "comparable" information, "sold" information and statistical reports. This information is provided for the exclusive use of Association Members and individuals affiliated with Association Members who are also engaged in the real estate business and may not be transmitted, retransmitted, or provided in any manner to any unauthorized individual, office, or firm except as otherwise specified in the MLS Rules and Regulations. Association Members who receive such information, either as an Association service or through the Association’s MLS, are subject to the applicable provisions of the MLS Rules and Regulations whether they participate in the MLS or not.

Section 9. Policy. It is understood that the Multiple Listing Service shall not:

(a) Fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by members.

(b) Fix, control, recommend, suggest, or maintain any percentage division of commissions or fees between cooperating members and between members and non-members.

(c) Require financial support of Multiple Listing Service operation by any formula based on commission or sales price.

(d) Require or use any form which establishes or implies the existence of any contractual relationship between the Multiple Listing service and the client (buyer or seller).

(e) Make any rule relating to the posting or use of signs.

(f) Make any rule prohibiting or discouraging cooperation with non-members.

(g) Limit or interfere with the terms of the relationship between a member and his/her salesperson.

(h) Prohibit or discourage any member from political participation or activity.

(i) Make any rule granting blanket consent to a selling member to negotiate directly with the seller (owner).

(j) Make any rule regulating the advertising or promotion of any listing.

(k) Prohibit or discourage a member from accepting a listing from a seller (owner) preferring to give "office exclusive."

(l) Adopt any rule denying a listing member from controlling the posting of "sold" signs.

(m) Reject any exclusive listing submitted by a member on the basis of the quality or price of the listing member.

(n) Adopt rules authorizing the modification or change of any listing without the express written permission of the listing member.

Section 10. Quorum. A quorum shall consist of a majority of the MLS Committee.

Section 11. Committee vote. A tie vote on any proposition before the MLS Committee shall be deemed a negative vote.

Section 12. Subscribers. Subscribers (or users) of the MLS include non-principal brokers, sales associates, and licensed and certified appraisers affiliated with Participants.

Subscribers also include affiliated unlicensed administrative and clerical staff, personal assistants, and individuals seeking licensure or certification as real estate appraisers who are under the direct supervision of an MLS Participant or the Participant’s licensed designee.

Approved by Membership 1-27-94

Revised 8-8-97

Revised 3-31-02