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ARTICLE I --NAME

  • Section 1. Name
    The name of this organization shall be the Northern Illinois Commercial Association of REALTORS®, Incorporated, hereinafter referred to as the "Association".
  • Section 2. REALTORS®. 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.

ARTICLE II -- OBJECTIVES

    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 real property ownership.
  • Section 5. To unite those engaged in the real estate profession in this community with the Illinois Association of REALTORS® and the National Association of REALTORS®, thereby furthering their own objectives throughout the state and nation, and obtaining the benefits and privileges of membership therein.
  • Section 6. To designate, for the benefit of the public, individuals authorized to use the terms REALTOR® and REALTORS® as licensed, prescribed, and controlled by the National Association of REALTORS®.
  • Section 7. The Associations' operations and programs shall be guided by a Strategic Plan as may be adopted from time to time by the Board of Directors.

ARTICLE III -- JURISDICTION

  • Section 1. The territorial jurisdiction of the Association as a Member of the National Association of REALTORS® is: Kankakee, Grundy, Will, Kendall, Cook, DuPage, Kane, DeKalb, Ogle, Lake, McHenry, Boone, and Winnebago Counties.
  • Section 2. Territorial jurisdiction is defined to mean:
    (a) The right and duty to control the use of 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 National Association of REALTORS® in the terms.

ARTICLE IV -- MEMBERSHIP Section 1. There shall be eight classes of Members as follows:

  • (a) REALTOR® Members. REALTOR® Members, whether primary or secondary, shall be:
  • (1) Individuals who, as sole proprietors, partners, corporate officers, or branch office managers, are engaged actively in the real estate profession, including buying, selling, exchanging, renting, or leasing, managing, appraising for others for compensation, counseling, or financing, building, developing or subdividing real estate, and who maintain or are associated with an established real estate office located in the State of Illinois 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 in a Board/Association 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.
  • (2) Individuals who are engaged in the real estate profession other than as sole proprietors, partners, or corporate officers, or branch office managers and are associated with a REALTOR® Member and meet the qualifications set out in Article V.
  • (3) Franchise REALTOR® Members. 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 common-wealth of Puerto Rico, elected to membership pursuant to the provisions in the NAR Constitution and Bylaws. Such individuals shall enjoy all the rights, privileges and obligations of REALTOR® membership (including compliance with the Code of Ethics) except: obligations related to Association mandated education, meeting attendance, or indoctrination classes or other similar requirements; the right to use the term REALTOR® in connection with their franchise organization's name; and the right to hold elective office in the local Association, state Association and the 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 qualifications 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 qualified 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 vote or hold office. Any such individual, if otherwise eligible, may elect to hold REALTOR® 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 paragraph (a) or (b) of this Section, have interests requiring information concerning real estate, and are in sympathy with the objectives of the Association.
  • (d) Affiliate Associate Members. Affiliate Associate Members shall be individuals who are employed by, or associated with, an individual or firm who is an Affiliate Member and who, while not engaged in the real estate profession as defined in paragraphs (a), (b) or (c) of this Section, have interests requiring information concerning real estate, and are in sympathy with the objectives of the Association.
  • (e) 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.
  • (f) 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.
  • (g) Student Members. Student Members shall be individuals who are seeking an undergraduate or graduate degree with a specialization or major in real estate at institutions of higher learning, and who have completed at least two years of college and at least one college level course in real estate, but are not engaged in the real estate profession on their own account and are not associated with an established real estate office.
  • (h) Association Members. Association Members shall be trade or professional associations 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.

ARTICLE V -- QUALIFICATION AND ELECTION

  • Section 1. Application.
    (a) An application for membership shall be made in such a 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 in Article 17 of the Code of Ethics, and as further specified by 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.

Section 2. Qualifications.

  • (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, 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 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 examinations 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 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 Board or a Designated REALTOR® Member of another Board (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, shall complete a course of instruction covering the Bylaws and Rules and Regulations of the Board, 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 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 Code of Ethics.
  • (c) An applicant for Institute Affiliate Membership shall supply to the Membership Committee evidence that applicant holds a professional designation awarded by a qualified Institute, Society, or Council affiliated with the National Association of REALTORS® that addresses a specialty area other than residential brokerage or who otherwise holds a class of membership in such Institute, Society, or council that confers the right to vote or hold office and shall agree, if elected to membership, to abide by the Constitution, Bylaws and Rules and Regulations of the local Association, the State Association, and the National Association.
  • Section 3. Election. The procedures for election to membership shall be as follows:
  • (a) Applicants for REALTOR® 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® and subject to all of the same privileges and obligations of membership. Provisional membership is granted subsequent to review of the application of the Board of Directors. If the Board of Directors determines that the individual does not meet all of the qualifications for membership as established in the Association's Bylaws, or, if the individual does not satisfy all of the requirements of membership (for example, completion of a mandatory orientation program) within 180 days from the Association's receipt of that individuals application, membership may, at the discretion of the Board of Directors, be terminated.
  • (b) Dues shall be computed from the date of application and shall be non- refundable unless the Associations 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 pro-rated amount to cover the number of days that the individual received Association services and any application fee.
  • (c) The Board of Directors may not terminate any provisional membership without providing the provisional member with advance notice, an opportunity to appear before the Board of Directors, to call witnesses on his behalf, to be represented by counsel, and to make such statements as he deems relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it or may electronically or mechanically record the proceedings.
  • (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 Association for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the rejection violates no rights of the applicant. Section 4. Status Changes.
  • (a) A REALTOR® who changes the conditions under which he holds membership shall be required to provide written notification to the Board within thirty (30) days. A REALTOR® (non-principal) who becomes a principal 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 previous 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 they have transferred within thirty (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® who is transferring his license from one firm comprised of REALTOR® principals to another firm comprised of REALTOR® principals shall be subject to all of the privileges and obligations of membership during the period of transition. If the transfer is not completed within 60 days of the date the board is advised of disaffiliation with the current firm, membership will terminate automatically unless otherwise so directed by the Board of Directors.

(b) Any application fee related to a change in membership status shall be reduced by an amount equal to any application fee previously paid by the applicant.
(c) Dues shall be prorated from the first day of the quarter in which the Member is notified of election by the Board of Directors and shall be based on the new membership status for the remainder of the year.

ARTICLE VI -- PRIVILEGES AND OBLIGATIONS

  • Section 1. The privileges and obligations of Members, in addition to those otherwise provided in these Bylaws, shall be specified in this Article.
  • Section 2. Any Member of the Association may be reprimanded, fined, placed on probation, suspended, or expelled by the Board of Directors for a violation of these Bylaws and Board 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 REALTORS® are not subject to the Code of Ethics nor its enforcement by the Association, such Members are encouraged to abide by the principles established in the Code of Ethics of the National Association of REALTORS® and conduct their business and professional practices accordingly. Further, Members other than REALTORS® may, upon recommendation of the Membership Committee, or upon recommendation by a hearing panel of the Professional Standards Committee, be subject to discipline as described above, for any conduct, which in the opinion of the Board of Directors, applied on a nondiscriminatory basis, reflects adversely on the terms REALTOR® or REALTORS®, 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 REALTORS®.
  • Section 3. Any REALTOR® Member of the Association may be disciplined by the Board of Directors for violations of the Code of Ethics or other duties of membership, after a hearing as described in the Code of Ethics and Arbitration Manual of the Board, 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.
  • Section 4. Resignations of Members shall become effective when received in writing by the Board of Directors, provided, however, that if any Member submitting the resignation is indebted to the Association for dues, fees, fines, or other assessments of the Association or any of its services, departments, divisions, or subsidiaries, the 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 with an ethics complaint or arbitration request pending, the Board of Directors may condition the right of the resigning Member to reapply for membership upon the applicant's certification that he will submit to the pending ethics or arbitration proceeding and will abide by the decision of the hearing panel; or if the Member resigns without having complied with an award in arbitration, the Board of Directors may condition any reapplication of the former Member upon his promise to pay the award, plus any costs that have previously been established as due and payable by the former Member, provided that the award has not, in the meanwhile, been otherwise satisfied.
  • Section 6. REALTOR® Members. REALTOR® Members, whether primary or secondary, in good standing whose financial obligations to the Association are paid in full shall be entitled to vote and to hold elective office in the Association; may use the terms REALTOR® and REALTORS®, 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 Board and the real estate profession.
  • (a) 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, 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 the 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 Association by the Member who is being suspended or expelled and by the individual who is assuming management control, and the signatures of such certification must be notarized. In the event the suspended or expelled Member is so certified to have relinquished all form or degree of management control of the firm, the membership of other partners, corporate partners, 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 Association. The foregoing is not intended to preclude a suspended or expelled Member from functioning as an employee or independent contractor, providing no management control is exercised. Further, the membership of REALTORS® other than principals who are employed or affiliated as independent contractors with the disciplined Member shall suspend or terminate during the period of suspension of the disciplined Member or until readmission of the disciplined Member, or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, or management control is relinquished or unless the REALTOR® Member (non-principal) elects to sever his connection with the REALTOR® and affiliate with another REALTOR® Member in good standing in the Board, whichever may apply.
  • If a REALTOR® Member other than a sole proprietor in a firm, partner in a partnership, or an officer of a corporation is suspended or expelled, the use of the terms REALTOR® and REALTORS® by the firm, partnership, or corporation shall not be affected.
  • (b) In any action taken against a REALTOR® Member for suspension or expulsion under Section 6 (a) 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 Article VI, Section 6 (a) shall apply.
  • Section 7 Institute Affiliate Members. Institute Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors, consistent with the Constitution and Bylaws of the National Association of REALTORS®. Institute Affiliate Members shall have the same right to vote as REALTOR® Members and may serve on the Board of Directors, but may not serve as officers of the Association.
  • Section 8 Affiliate Members. Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors. Affiliate Members shall have the same right to vote as REALTOR® Members and may serve on the Board of Directors, but may not serve as officers of the Association.
  • Section 8.1 Affiliate Associate Members. Affiliate Associate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors. Affiliate Associate Members shall have the same right to vote as REALTOR® Members and may serve on the Board of Directors, but may not serve as officers of the Association.
  • 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 Association Members. Association Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.
  • Section 13 Certification by REALTOR®. "Designated" REALTOR® Members of the Association shall certify to the Association during the month of January on a form provided by the Association, a complete listing of all individuals licensed or certified in the REALTOR®'s office(s) and shall designate a primary Board/Association for each individual who holds membership. Designated REALTORS® shall also identify any non-Member licensees in the REALTOR®'s office(s) and if Designated REALTOR® Dues have been paid to another Board/Association based on said non-Member licensees, the Designated REALTOR® shall identify the Board/Association to which dues have been remitted. These declarations shall be used for purposes of calculating dues under Article X, Section 2(a) of the Bylaws. "Designated" REALTOR® Members shall also notify the Association of any additional individual(s) licensed or certified with the firm(s) within thirty (30) days of the date of affiliation or severance of the individual.
  • Section 14 Legal Liability training. Within two (2) years of the date of election to membership, and every two (2) years thereafter, each REALTOR® Member of the Association shall be required to demonstrate that they have completed a course of instruction on educational subjects as determined appropriate by the Board of Directors.
  • This requirement will be considered satisfied upon presentation of evidence that the Member has completed an educational program conducted by another Member Association, the State Association of REALTORS®, the National Association of REALTORS® or any of its affiliated institutes, societies, or councils, or any other recognized education institution which, in the opinion of the Board of Directors, is an adequate substitute for the training programs conducted by the Association
  • Section 15 Sexual Harassment. Any Member of the Association may be reprimanded, placed on probation, suspended or expelled for sexual harassment of the Association 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 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 or Vice President, they may not participate in the proceedings and shall be replaced by the Immediate Past President or, alternatively, by another Member of the Board of Directors selected by the highest ranking officer not named in the complaint.

ARTICLE VII -- PROFESSIONAL STANDARDS AND ARBITRATION

  • Section 1. The responsibility of the Association and of 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 REALTORS®, as from time to time amended, which by this reference is made a part of 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 REALTOR® of this 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 REALTORS®, and to abide by the Code of Ethics of the National Association of REALTORS®, 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 this Association as from time to time amended.
  • Section 3. The Association and Association members are also responsible for the enforcement of the Code of Ethics, the disciplining of members, the arbitration of disputes, and the organization and procedures incident thereto, consistent with the cooperative professional standards enforcement agreement entered into by the Association, which by this reference is made a part of these Bylaws, as long as such agreement shall remain in force.

ARTICLE VIII -- USE OF THE TERMS REALTOR® AND REALTORS®

  • Section 1. Use of the terms REALTOR® and REALTORS® by Members shall, at all times, be subject to the provisions of the Constitution and Bylaws of the National Association of REALTORS® 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 REALTORS®, use of the terms within its jurisdiction .
  • Section 2. REALTOR® Members of the Association shall have the privileges of using the terms REALTOR® and REALTORS® in connection with their places of business within the state or a state contiguous thereto so long as they remain REALTOR® Members in good standing. No other class of Members shall have this privilege.
  • Section 3. A REALTOR® Member who is a principal of a real estate firm, partnership, or corporation may use the terms REALTOR® and REALTORS® only if all the principals of such firm, partnership, or corporation who are actively engaged in the real estate profession are REALTOR® Members of the Association within the state or a state contiguous thereto or Institute Affiliate Members as described in Section 1(b) of Article IV.
  • Section 4. Institute Affiliate Members shall not use the terms REALTOR® or REALTORS®, nor the imprint of the emblem seal of the National Association of REALTORS®.

ARTICLE IX -- STATE AND NATIONAL MEMBERSHIPS

  • Section 1. The Association shall be a Member of the National Association of REALTORS® and the Illinois Association of REALTORS®. By reason of the Association's Membership, each REALTOR® Member of the Member Association shall be entitled to membership in the National Association of REALTORS® and the Illinois Association of REALTORS® 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 Members eligible to vote, decision is made to withdraw, in which case the State and National Associations 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 REALTORS® in the terms REALTOR® and REALTORS®. The Association shall discontinue use of the terms in any form in its name, upon ceasing to be a Member of the National Association, or upon a determination by the Board of Directors of the National Association that it has violated the conditions imposed upon the terms.
  • Section 3. The Association adopts the Code of Ethics of the National Association of REALTORS® and agrees to enforce the Code among its REALTOR® Members. The Association and all of its Members agree to abide by the Constitution, Bylaws, Rules and Regulations, and policies of the National Association and the Illinois Association of REALTORS®.

ARTICLE X -- DUES AND ASSESSMENTS

  • Section 1. Application Fee. The Board of Directors may adopt an application fee for REALTOR® Membership in reasonable amount, not exceeding three times the amount of 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. The Board of Directors may adopt an application fee for Institute Affiliate Membership not in excess of the annual dues for Institute Affiliate Members.
  • Section 2. Annual Dues. The annual dues of Members shall be as follows:
  • (a) REALTOR® Members. The annual dues of each Designated REALTOR® Member shall be in such amount as established annually by the Board of Directors, plus an additional amount to be established annually by the Board of Directors, times the number of real estate salespersons and licensed or certified appraisers who (1) are employed by or affiliated as independent contractors, or who are otherwise directly or indirectly licensed with such REALTOR® Member, and (2) are not REALTOR® Members of any Association in the state or a state contiguous thereto or Institute Affiliate Members of the Association. In calculating the dues payable to the Association by a Designated REALTOR® Member, non-Member licensees as defined in Section 2(a)(1) and (2) of this Article shall not be included in the computation of dues if the Designated REALTOR® has paid dues based on said non-Member licensees in another Association in the state or a state contiguous thereto, provided the Designated REALTOR® notifies the Association in writing of the identity of the Association to which dues have been remitted.
  • (1) For the purpose of this Section, a REALTOR® 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 REALTORS®. An individual shall be deemed to be licensed with a REALTOR® if the license of the individual is held by the REALTOR®, or by any broker who is licensed with a REALTOR®, or by an entity in which the REALTOR® has a direct or indirect ownership interest and which is engaged in soliciting and/or referring clients or customers to the REALTOR® 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) The annual dues of REALTOR® Member other than the Designated REALTOR® shall be in such amount as established annually by the Board of Directors.
  • (c) Institute Affiliate Members. The annual dues of each Institute Affiliate Member shall be in such amount as established annually by the Board of Directors and will not exceed two and one-half times the amount established pursuant to Article II, Section 1(a) of the National Association Bylaws for REALTOR® Members.
  • (d) Affiliate Members. The annual dues of each Affiliate Member shall be in such amount as established annually by the Board of Directors.
  • (e) Affiliate Associate Members. The annual dues of each Affiliate Associate Member shall be in such amount as established annually by the Board of Directors.
  • (f) Public Service Members. The annual dues of each Public Service Member shall be in such amount as established annually by the Board of Directors.
  • (g) Honorary Members. Dues payable, if any, shall be at the discretion of the Board of Directors.
  • (h) Student Members. Dues payable, of any, shall be at the discretion of the Board of Directors.
  • (i) Association Members. The annual dues of each Association Member shall be in such amount as established annually by the Board of Directors.
  • Section 3. Dues. Dues for all Members shall be payable annually in advance on the first day of January. Dues shall be computed from the date of application and granting of provisional membership, and shall be prorated for the remainder of the year.
  • (a) In the event a sales licensee or licensed or certified appraiser who holds REALTOR® membership is dropped for nonpayment of Association dues, and the individual remains with the Designated REALTOR®'s firm, the dues obligation of the "Designated" REALTOR® (as set forth in Article X, Section 2(a)) will be increased to reflect the addition of a non-Member licensee. Dues shall be calculated from the first day of the current fiscal year and are payable within 30 days of the notice of termination.
  • Section 4. Nonpayment of Financial Obligations. If dues, fees, fines, or other assessments including amounts owed to the Association are not paid within one (1) month after the due date, the nonpaying Member is subject to suspension at the discretion of the Board of Directors. Two (2) months after the due date, membership of the nonpayment 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 to expel a Member for nonpayment of disputed amounts until the accuracy of the amount owed has been confirmed by the Association of Directors. A former Member who has had his membership terminated for nonpayment of dues, fees, or 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 day to day finances of the Association. Capital expenditures in excess of ten percent (10%) of annual budgeted income may not be made unless authorized by a majority vote of the Board of Directors.
  • Section 7. Notice of Dues, Fees, Fines, Assessments, and Other Financial Obligations of Members. All dues, fees, fines, assessments, or other financial obligations to the Association shall be noticed to the delinquent Association Member in writing setting forth the amount owed and due date.
  • Section 8. The dues of REALTOR® Members who are REALTOR® Emeriti (as recognized by the National Association), Past Presidents of the National Association, or recipients of the Distinguished Service Award shall be as determined by the Board of Directors.

ARTICLE XI -- OFFICERS AND DIRECTORS

  • Section 1. Officers. The elected officers of the Association shall be: a President, a President Elect, a Secretary, a Treasurer, and the Immediate Past President. The Secretary and Treasurer may be the same person. They shall be elected for terms of one year, but may be elected to office for no more than two consecutive terms.
  • 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 REALTORS® and the Illinois Association of REALTORS®.
  • Section 2.1. Duties Continued. The President shall serve as the representative of this Association to the State and National Associations, however, the President may appoint the President-Elect or, as needed, other officer(s) or director(s).
  • Section 3. Board of Directors. The governing body of the Association shall be a Board of Directors consisting of the elected officers and nine (9) REALTOR® Members of the Association. Directors shall be elected to serve for terms of three (3) years. In addition to these nine (9) REALTOR® Members, the President, with the confirmation of the Board of Directors, shall appoint to a one (1) year term on the Board of Directors one (1) Affiliate Member or Affiliate Associate Member. The President shall also appoint one (1) of the duly elected officers or Directors of the local chapter or affiliate of the Society of Industrial and Office REALTORS®, the Commercial Investment Real Estate Institute, the Institute of Real Estate Management, and the REALTORS® Land Institute, provided they are otherwise duly elected to membership in the Association.

Section 4. Nomination and Election of Officers and Directors.

  • (a) At least two (2) months before the annual election, a Nominating Committee of at least five (5) Association Members who are eligible to vote, shall be appointed by the President with the approval of the Board of Directors. The Nominating Committee shall not nominate any Member of the Nominating Committee to any office or as a Director. The Nominating Committee shall select one (1) candidate for each office and one (1) candidate for each place to be filled on the Board of Directors. The nomination process should be consistent with the Association policy for selection of qualified candidates. The report of the Nominating Committee shall be mailed to each Member eligible to vote at least three (3) weeks preceding the election. Additional candidates for the offices to be filled may be placed in nomination by petition signed by at least fifteen percent (15%) of the REALTOR® Members eligible to vote. The petition shall be filed with the Secretary at least five (5) weeks before the election. The Secretary shall send notice of such additional nominations to all Members eligible to vote before the election.
  • (b) The election of Officers and Directors shall take place at the annual meeting or by mail as called for in Article XVI, Section 4. Election shall be by ballot and either be cast in person or be certified to by the voter if the election is conducted by mail ballot. The ballot shall contain the names of all candidates and the offices for which they are nominated.
  • (c) The President, with the approval of the Board of Directors, shall appoint an Election Committee of at least three (3)Association Members eligible to vote and who are not nominated to office or to the Board of Directors, to conduct the election. In case of a tie vote, the issue shall be determined by lot.
  • Section 5. Vacancies. Vacancies among the Officers and the Board of Directors shall be filled by recommendation of the Executive Committee and confirmed by a simple majority vote of 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 (1/3) 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 Board 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 Board 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. Provided a quorum is present, a three-fourths (3/4) vote of Members present and voting shall be required for removal from office.

ARTICLE XII -- MEETINGS

  • Section 1. Annual Meetings. An annual meeting of the Association shall be held once 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 meetings. Absence from three (3) regular meetings without an excuse deemed valid by the Board of Directors shall be deemed as resignation.
  • Section 3. Other Meetings. Meetings of the Members may be held at 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 4. Notice of Meetings. Written notice shall be given to every Member entitled to participate in the membership meeting at least one (1) week preceding all such meetings. If a special membership meeting is called, it shall be accompanied by a statement of the purpose of the meeting.
  • Section 5. Quorum. A quorum for the transaction of business at a membership meeting shall consist of ten percent (10%) of the Members eligible to vote. The Board of Directors quorum shall be fifty-one percent (51%) of the Board of Directors.

ARTICLE XIII -- COMMITTEES
Section 1. Standing Committees.
The President shall appoint from among the REALTOR® Members, subject to confirmation by the Board of Directors, the following standing committees:

  • Professional Standards
  • Public Relations
  • Education
  • Membership Programs
  • Finance
  • Grievance
  • Governmental Affairs
  • Alliance of Real Estate Associations

Section 1.1 Executive Committee.
The Executive Committee shall be made up of the four (4) elected officers, and the immediate Past President of the Association.

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 duties, functions, and powers as assigned by the President or the Board of Directors except as otherwise provided in these Bylaws.

Section 4. President and President Elect.
The President and President Elect shall be ex-officio Members of all committees except the Nominating Committee, and shall be notified of their meetings.

ARTICLE XIV -- FISCAL AND ELECTIVE YEAR
Section 1. The fiscal and elective year of the Association shall be January 1 to December 31.

ARTICLE XV -- RULES OF ORDER

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.

ARTICLE XVI -- AMENDMENTS
Section 1. These Bylaws may be amended by a majority vote of the Members present and qualified to vote at any meeting at which a quorum is present, or by a mail vote as provided in these Bylaws, provided the substance of such proposed amendment or amendments shall be plainly stated in the call for the meeting.
Section 2. Notice of all meetings at which amendments are to be considered shall be mailed to every Member eligible to vote at least one (1) week prior to the meeting.
Section 3. Amendments to these Bylaws affecting the admission or qualification of REALTOR® and Institute Affiliate Members, the use of the terms REALTOR® and REALTORS®, or any alteration in the territorial jurisdiction of the Association shall become effective upon their approval as authorized by the Board of Directors of the National Association of REALTORS®.
Section 4. Mail Vote. Whenever, in the judgment of the Directors, any issues or questions shall arise which it believes should be put to a vote of the membership, including but not limited to the amending of these Bylaws or an election, the Association may submit in writing and by mail such a matter to the membership. The issues or election shall be determined, and shall bind the Association as if there had been an actual meeting by a majority of the votes received from the membership either in person or by mail within fourteen (14) days after the date of mailing to the membership.

ARTICLE XVII -- DISSOLUTION

Section 1. Upon the dissolution or winding up of affairs of this Association, the Board of Directors, after providing for the payment of all obligations, shall distribute any remaining assets to the Illinois Association of REALTORS® or, within its discretion, to any other non-profit tax exempt organization.
 
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