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Policies & Procedures

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ALABAMA ASSOCIATION OF REALTORS®, INC.

POLICIES & PROCEDURES MANUAL

Last amended June 13, 2012

 

SECTION 1

STATEMENT OF POLICY

 

Section 1.1. Preamble

We, the members of the Alabama Association of REALTORS®, represent the professionals active in all phases of the real estate industry. We are dedicated to the preservation of the free enterprise system and the right of the individual to own real property as guaranteed by the Constitution of the United States of America. We offer to the people of Alabama, and to government, our knowledge, our experience, and our dedication to professionalism through continuing education.

 

Section 1.2. NAR Statement of Policy

We officially adopt and pledge our support to the current statement of policy of the NATIONAL ASSOCIATION OF REALTORS®.

 

Section 1.3. Continuing Education

We support the continuation of training and education throughout the professional careers of all members of our Association, to assure competent and skillful real estate service to the citizens of Alabama. We continue our support of the concept of making available meaningful and advanced levels of training and education to all of our members.

 

Section 1.4. Political Involvement

We believe that political involvement is necessary for the continued support and strength of the free enterprise system. It shall be our goal to look for continual input from our membership in the consideration of candidates, issues, and legislation that affect the real estate business and the free enterprise system. We will also strive to keep our membership informed in all areas of political activity.

 

Section 1.5. Equal Opportunity

(A) In Housing

We affirm our support for equal opportunity in housing and are dedicated to fulfilling the requirements of fair housing laws. We support Fair Housing Partnerships in accordance with the policy of the NATIONAL ASSOCIATION OF REALTORS® in providing equal professional service to all people.

(B) In Employment

The Alabama Association of REALTORS®, Inc. extends employment opportunities and benefits as an equal opportunity employer without regard to race, color, sex, religion, national origin, or other non-work related criteria.

 

 

Section 1.6. Ethics and Professional Standards

We strongly support the Code of Ethics and the Standards of Practice for professional conduct of the NATIONAL ASSOCIATION OF REALTORS®. We further interpret this obligation to be to follow the Golden Rule by "doing unto others as we would have them do unto us."

 

 

Section 1.7. Chair of Real Estate

We support continued research on all practical matters pertaining to real estate. We believe the Chair of Real Estate at the University of Alabama will be instrumental in the development and continuance of academic pursuits to bring about a better understanding of real estate matters and their effects on the lives of all citizens of Alabama.

 

 

Section 1.8. Real Estate Regulation

We strongly support the Alabama Real Estate License Law and the Alabama Real Estate Commission in seeing that the law is complied with by all licensees of the State of Alabama. It is our desire and intent to keep a strong and viable line of communication open between the Association and the Commission.  All changes in the license portion of the law should be discussed between the Alabama Association of REALTORS® staff and the Real Estate Commission staff to determine opinions as to their workability and feasibility, and such meetings should be held with the full knowledge and involvement of the Alabama Association of REALTORS® Governmental & Political Affairs Committee Chair. (1/17/90)

 

We also recognize the great influence Real Estate Commission members have and suggest that Commissioners who are also State Directors of the Alabama Association of REALTORS® exercise discretion when attending committee and Board of Directors meetings to avoid any actual or perceived undue influence or conflict of interest in Association matters.  This could require the Commissioner to state his/her position on an issue and then exit the meeting to avoid unduly influencing the outcome of deliberations.

 

Section 1.9. Private Property Rights

(A) Enjoyment of Rights

Every person should have the right to acquire real property with confidence and certainty that the value of such property will not be unduly diminished or jeopardized by government action at any level without just compensation or the owner's express consent.

(B) Affordable Housing

We support the concept of affordable housing and defend the right of Americans to own property free of unreasonable controls. We, therefore, urge elected officials at all levels of government to oppose the adoption of rent control legislation. We believe the continuing demand for rental housing can best be met by private investors willing to take long term capital risks.

(C) Highest and Best Use

We believe in the fundamental right of all private property owners, working through local government, to determine the highest and best use of their land.

 

Section 1.10. Residential Mortgage Financing

We support the development and implementation of additional methods of residential real estate mortgage financing which are beneficial to all parties to the transaction, to enable more families and individuals to own a home. We believe a top priority of residential financing is to enable the parties to complete a transaction with a minimum of technical problems and time delays. We further believe full, advance disclosure of all terms of financing is necessary to protect the interest of all parties. We also recognize the importance of the issuance of tax-free mortgage revenue bonds as an important source of capital in financing residential housing.

 

Section 1.11. Legislation

It is a top priority of the Alabama Association of REALTORS® to closely monitor activities in the legislative area so as to be better able to inform its membership of any such legislation. We will strongly support legislation, which promotes the interest of the real estate profession and the free enterprise system. We will vigorously oppose any legislation detrimental to and adversely affecting the real estate industry.

 

Section 1.12. Anti-trust Law

The Alabama Association of REALTORS® strongly supports competition and an open marketplace in which fees, commissions, and compensation are fully negotiable between the parties to each such agreement. As an Association we consider adherence to the Federal anti-trust laws as one of the most important duties of members and officers.

 

Section 1.13. Anti-trust Policy

A goal of the Alabama Association of REALTORS® (AAR) is to improve the level of products and services offered by its members to the public and to assist customers and clients in comparison shopping for products and services.  Consistent with this policy, it is the policy of AAR to comply strictly with the antitrust laws.  AAR will not knowingly permit discussions of individual company prices or the related types of sensitive information listed below.  AAR membership is open to any individual or entity meeting the membership qualifications set forth in the Bylaws.  Statistical reporting by AAR will be voluntary and will relate to comparisons of past transactions of general interest.  Data collection will not be limited to the membership, and the results will be available to non-members for a reasonable fee.  The development of any guidelines or standards in which AAR participates will be open to wide participation by affected parties, and adherence to the guidelines or standards will be strictly voluntary.  In conducting any collective research, AAR will take care to avoid anti-competitive effects.

 

AAR will seek the advice of AAR's counsel in order to insure that topics that may give an appearance of an agreement, which would violate the antitrust laws, are not discussed at AAR meetings.  In addition, it is AAR's policy that its staff be well versed in antitrust matters.  The fact that AAR staff or counsel is present at a meeting, however, should not invite probing to determine how far a discussion can proceed before it becomes apparent that it is improper and is cut off.  It is the responsibility of each member in the first instance to avoid raising improper subjects for discussion.  This policy statement has been prepared to assure that participants in AAR meetings are aware of this obligation.

The Dos and Don'ts presented below highlight basic anti-trust principles.  Members should consult their own counsel in all cases involving specific situations, interpretations, or advice.

 

DO NOT:

  1. Do not, in fact or appearance, discuss or exchange information regarding:
  1. Commission levels, fees, business expenses or other business information or policies which would allow or encourage price fixing or maintenance;
  2. Bids on contracts for particular properties or any information which would allow or encourage bid rigging;
  3. Actions relating to actual or potential competitors that might have the effect of excluding them from your market or of influencing the business conduct of customers towards such competitors;
  4. Plans of individual companies concerning proposed or existing territories or customers;
  5. A firm's competitive business decisions;
  6. The duration or types of listing agreements or the form of compensation accepted;
  7. The compensation offered or paid to a firm's agents or employees;
  8. Any other actions that might be construed as concerted attempts to restrain competition, including joint attempts to control or affect prices, market conditions, marketing practices, customer choice, etc.
  1. Do not discuss or exchange information regarding the above matters during AAR-sponsored meetings or at social gatherings incidental to AAR meetings, even in jest.
  2. In addition, any general historical statistical data collected by AAR is for use and analysis by individual businesses and should not be discussed among competitors at organized functions or otherwise.

 

DO:

  1. Adhere to prepared agendas for all AAR meetings and object any time meeting minutes do not accurately reflect the matters which transpired.
  2. Consult with the AAR General Counsel and your company on all antitrust questions relating to AAR meetings.
  3. Protect against any discussions or meeting activities that appear to violate the antitrust laws; disassociate yourself from any such discussions and leave any meeting in which they continue.

 

 

Section 1.14.  Whistleblower Policy (01/22/09)

AAR requires Association officers, directors, committee members, and employees to observe the highest standards of business and personal ethics in conducting their duties and responsibilities (The Policy). Employees and representatives of the Association must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations.

  1. Report Responsibility:  It is the responsibility of all employees and representatives of the association to comply and maintain the highest standards of business and personal ethics and to report violations or suspected violations in accordance with this Policy.
  2. No Retaliation:  No employee or representative who in good faith reports a violation of The Policy shall suffer harassment, retaliation or adverse employment consequences. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This policy is intended to encourage and enable employees and others to raise serious concerns with the Association prior to seeking resolution outside the organization.
  3. Reporting Violations:  AAR maintains an open door policy. Employees are encouraged to share their questions, concerns, suggestions or complaints with their supervisor or anyone in management including legal counsel whom they are comfortable approaching. Supervisors are required to report suspected violations to AAR's compliance officer (Chair of the Past Presidents Advisory Group) who has responsibility to investigate all reported violations. For suspected fraud or criminal acts or when an individual is not comfortable with following the open door policy, the compliance officer should be contacted directly. (9/16/11)
  4. Compliance Officer:  AAR's compliance officer is responsible for investigating and resolving all reported complaints and allegations concerning violations of The Policy and shall advise the chief executive officer, legal counsel, and executive committee.
  5. Acting in Good Faith:  Anyone filing a complaint concerning a violation or suspected violation of The Policy must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of The Policy. Any allegations that prove not to be substantiated or which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense.
  6. Confidentiality:  Violations or suspected violations of the Policy may be submitted on a confidential basis by the complainant. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.
  7. Handling of Reported Violations:  The compliance officer will notify the sender and acknowledge receipt of the reported violation or suspected violation within five business days. All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation.

 

 

SECTION 2

ORGANIZATION

Section 2.1. Office Location

The executive offices of the Alabama Association of REALTORS® shall be at 522 Washington Avenue, Montgomery, Alabama, and at such other locations as may be provided by the Board of Directors.

 

Section 2.2. Tax Status

(A) AAR as 501(c)(6)

The Alabama Association of REALTORS® shall be organized as an IRS 501(c)(6) organization.

(B) Profit, Non-profit Subsidiaries

The Executive Committee is authorized to take action and advise the Directors of such if at any time for tax purposes, mailing costs, or other similar reasons, it becomes advantageous to organize either for-profit or not-for profit subsidiaries.

 

Section 2.3. Legal and Professional Counsel

The Executive Committee subject to the approval of the Board of Directors may retain legal and other professional counsel and fix the terms of compensation thereof. (7/3/1991)

 

Section 2.4.  President's Duties  (3/7/2012)

Short Description:  The President is the chief elected officer of the Association and serves as chair of the Executive Committee and Board of Directors.

Term: One (1) year, can repeat but non-consecutive (unless something unforeseen happens to President-Elect and he/she cannot serve their term). This will provide the Secretary or Treasurer the chance to serve as President-Elect to prepare for their term as President.

Qualification Requirements: Must have served as RVP, Secretary, Treasurer and President Elect at some time prior to or during his/her running for President.

Specific Responsibilities:

  1. Insure that the Mission of the Association is advanced while adhering to the Association's bylaws, budget, policies and business plan.
  2. Preside at all meetings of the Executive Committee and Board of Directors, voting only to make or break a tie.
  3. Set the date, location and agenda of all Executive Committee meetings.
  4. Appoint Presidential Advisory Groups (PAGs) as needed, as permitted by the Bylaws and Policy & Procedures Manual.  Presidential Advisory Groups (PAGs) appointed by the President cease to exist when their final report is presented. 
  5. Serve as an ex-officio voting member of all AAR committees except as an ex-officio non-voting member of the Audit Task Force.
  6. Chair meetings of the Local Board Presidents’ Advisory Group. 
  7. Visit as many boards as the limitations of time will permit, installing board officers where requested. (Requests for presidential visitation should be made through the AAR office.)
  8. Officially speak on behalf of the Association and represent the Association before other groups when invited to do so. However, he/she should not appear before groups and speak as an individual. At all times the President should speak in favor of issues adopted by the Association, against those issues which the Association opposes and takes no side on issues which the Association has chosen not to take a position on.
  9. Supervise the business and affairs of the Association and its staff through frequent consultation with the Executive Vice President.
  10. Submit monthly expense statements to the AAR office by the 7th day of the following month for reimbursement.
  11. Work closely with the Treasurer, the Executive Vice President, and appropriate staff to insure that the finances and expenses of the Association are properly handled.
  12. Serve as an NAR Director and attend all NAR Director meetings and regional caucus including, but not limited to, those held during the Mid-Year and Annual Convention. 
  13. At the end of your term, serve on the Executive Committee as Immediate Past President
  14. Serve as a member the National Entitlement Director Nominating Committee.

 

Section 2.5. Immediate Past President's Duties  (9/18/2008)

Short Description:  The Immediate Past President shall serve as a member of the Executive Committee and in an advisory capacity to the President.

Specific Responsibilities:

  1. To serve as an Advisor and be available when called upon by the President, Executive Committee or Board of Directors.
  2. Serve as a voting member and attend all meetings of the Executive Committee and Board of Directors.
  3. To serve as chair of the Officer and Regional Vice President Nominating Committee and act in accordance with the AAR Bylaws by meeting to receive nominations for officers and then recommending to the Annual Membership Meeting at least one candidate for each office to be filled.
  4. In addition, as Chair of the Nominating Committee, shall lead the committee to recommend to the Board of Directors those National Directors to replace any whose terms will expire in the appropriate year.
  5. To serve as a permanent Director of the Association (each Past President shall be a full voting member of the Board of Directors as long as he/she holds active membership in the Association) or elect to hold non-voting Emeritus status.
  6. Serve as a member of the Audit Task Force (Refer to Section 4.4.1 of AAR Policies & Procedures).

 

Section 2.6. President-Elect's Duties  (3/7/2012)

Short Description:  The President-elect shall serve as a member of the Executive Committee and assist the President in performing his/her duties. The President-elect shall use his/her term of office to prepare to serve as President.

Term: One (1) year, can repeat but non-consecutive.

Qualification Requirements: Must have been a Regional Vice President (RVP) in the past and have served as Treasurer and Secretary.

Specific Responsibilities:

  1. In the absence, or inability, of the President to act, to serve as presiding officer and perform such other duties of the President as may be required.
  2. In the event of the death, disability, resignation or removal from office of the President, fill the unexpired term of the President. In this event, he/she shall not be prohibited from being selected to his/her otherwise normal term as President.
  3. When invited to do so, or as a substitute for the President, install local board officers. (All invitations should be cleared through the AAR office.)
  4. Represent the Association before other organizations when invited to do so or at the request of the President. However, he/she should not appear before groups and speak as an individual. At all times the President-elect should speak in favor of issues adopted by the Association, against those issues which the Association opposes and take no side on issues which the Association has chosen not to take a position on.
  5. Serve as a voting member and attend all meetings of the Executive Committee and Board of Directors.
  6. Submit timely expense statements to the AAR office by the 7th day of the following month for reimbursement.
  7. Serve as Chair of the full Governmental and Political Affairs Committee.
  8. Serve as member of the Audit Task Force. (Refer to Section 4.4.1 of AAR Policies & Procedures).
  9. From time to time perform such other duties as may be directed by the President, the Executive Committee, and the Board of Directors.
  10. Work with the Treasurer at the appropriate time to select Committee Chairs/Vice Chairs, Committee Charges, Committee members, etc., for the next Association year.
  11. Serve as an NAR Director and attend all NAR Director meetings and regional caucuses including, but not limited to, those held during the Mid-Year and Annual Convention.
  12. Serve as a member the National Entitlement Director Nominating Committee.

 

Section 2.7. Treasurer's Duties (3/7/2012)

Short Description:  The Treasurer shall serve as a member of the Executive Committee.

Term: One (1) year, can repeat but non-consecutive.

Qualification Requirements: Must adhere to the qualifications for vice chair in regards to Government and Political Affairs Committee, must have been Secretary.

Specific Responsibilities:

  1. Serve as Chair of the Finance Committee and as a member of the Executive Committee and Board of Directors.
  2. Present the proposed budgets to the Executive Committee and Board of Directors.
  3. Monthly review the financial report with the Executive Vice President.
  4. Present the financial statements, including summary of income and expenses and current budget to the Executive Committee and Board of Directors at each set meeting.
  5. Prepare and submit to the President any assigned or interim special reports.
  6. Attend all meetings of the Finance Committee, Executive Committee and Board of Directors.
  7. Serve as Chair of the Audit Task Force, (Refer to Section 4.4.1 of AAR Policies & Procedures), and review the annual independent financial audits of the Association and report any pertinent items to the Executive Committee and Board of Directors.
  8. When invited to do so, or as a substitute for the President, shall install local board officers, or speak to Boards when requested. (All invitations should be cleared through Alabama Association of REALTORS® office).
  9. Represent the Association before other organizations when invited to do so or at the request of the President. However, he/she should not appear before groups and speak as an individual. At all times the Treasurer should speak in favor of issues adopted by the Association, against those issues which the Association opposes and take no side on issues which the Association has chosen not to take a position on.
  10. Serve as a voting member and attend all meetings of the Executive Committee and Board of Directors.
  11. From time to time perform such other duties as may be directed by the President, the Executive Committee, and the Board of Directors.
  12. Serve as Vice Chair of the Full Governmental and Political Affairs Committee.
  13. Work with the President-elect at the appropriate time to select Committee Chairs/Vice Chairs, Committee charges, Committee members, etc. for the next Association year.
  14. Should be prepared to serve as a National Director for a one year term, by virtue of office, if recommended by the Nominating Committee and approved by the Board of Directors.
  15. Serve as a member the National Entitlement Director Nominating Committee.

 

Section 2.8. Secretary’s Duties (3/7/2012)

Short Description:  The Secretary shall be elected in accordance with the bylaws of the Alabama Association of REALTORS®.

Term:  One (1) year can repeat but non-consecutive.

Qualification Requirements: Must have been a Regional Vice President (RVP) sometime in the past.

Specific Responsibilities:

  1. Serve as a voting member and attend all meetings of the Executive Committee and Board of Directors.
  2. Certify official approval of the minutes of the meetings of the Executive Committee and Board of Directors.
  3. Certify official membership reports to the Executive Committee and the Board of Directors.
  4. Prepare and submit to the President any assigned or interim special reports.
  5. Serve as Vice Chair of the Finance Committee.
  6. Serve as member of the Audit Task Force. (Refer to Section 4.4.1 of the AAR Policies & Procedures for details).
  7. Serve as Chair of Organizational Standards Task Force.
  8. Serve as a member the National Entitlement Director Nominating Committee.

 

 

Section 2.9. Regional Vice President's Duties

Short Description:  The Regional Vice President is the official representative of the Association within his/her jurisdiction and serves as liaison between Local Board and State Association leadership. The Regional Vice President identifies problems or opportunities within the Region and assists wherever possible.  Service as a regional vice president shall be prerequisite to being eligible to the other elective offices of the Association.

Term: One (1) year, can repeat but non-consecutive, unless recommended by the Region.

Qualification Requirements: Leadership AAR graduate or Local Board President or recommended by the Region and one of the following:

  1. Two (2) years served on local Board of Directors    
  2. Two (2) years served on an AAR Committee

 

Specific Responsibilities:

  1. Contact newly elected Board Presidents in your Region and let them know of the Association's desire to be of service.  Monthly: contact Board Presidents about Board activities and concerns and send the Regional Vice President Monthly Report on your discussions to AAR offices, to be received 7 days prior to the Executive Committee meeting. This report shall be disseminated to the Executive Committee prior to their regular meetings and discussed in the Executive Committee meetings. (6/13/12)
  2. At all times keep both the President and Executive Vice President informed of problems or special needs of Boards in your Region and visit those boards as needed.
  3. Prior to each business meeting of the Association, contact the Board Presidents in your Region and ask them to encourage full attendance from their Directors and those serving on AAR committees.
  4. Visit each Board in your Region a minimum of once during the year and meet privately with Board Leadership/Directors to determine what problem areas may exist. If special attention is needed, two or more visits during the year may be called for.
  5. When attending meetings of the Boards in your Region:
    1. Stress the importance of an aggressive membership recruitment campaign. Urge the Board leadership to have an active program of both membership solicitation and retention.
    2. Outline services available to Boards from the State Association and stress the importance of attendance at the State Association's meetings and involvement of the Board's membership in Association sponsored educational opportunities.
    3. Stress the importance of regularly scheduled meetings which are of interest and benefit to the Board's membership. Emphasize that AAR can assist in planning and securing speakers via the Speaker's Bureau.
  6. When requested, act on behalf of the President as installing officer for Boards in your Region when the President is unable to attend.
  7. Call and preside at the annual and any special caucuses of the Region.
  8. At least once during the year hold a Regional Meeting.  AAR will notify members in the region.
  9. Serve as a member and attend all official meetings of the Executive Committee and AAR Board of Directors.
  10. At the end of your term of office, prepare a written report and pass it on to your successor.  At the Annual Orientation of the incoming Executive Committee, a time will be scheduled for you to meet with the incoming Regional Vice President to orient your successor on developments, progress made, problems, etc. of each of the Board's in your Region.
  11. At the end of your term of office, must serve on the Organizational Standards Task Force for an additional 2 year term. (06/16/10)
  12. Using social media or a distribution list of all local presidents and other elected officers, association executives, Governmental Affairs Chairs and ARPAC Chairs and members of the AAR Governmental and Political Affairs Committee in your region, send email updates and requests for input on governmental and political affairs at least monthly and more often during legislative sessions. The AAR Governmental Affairs Director will provide timely information you can use to select what to include in your emails to local associations. (06/13/12)

 

Section 2.10. Board of Directors' Duties (6/13/2012)

  1. As stated in Article VI, Section 3, of the Constitution & Bylaws, the following financial responsibility is conferred:  The Board of Directors shall administer the finances of the Association and shall have sole authority to appropriate money. Notwithstanding the provisions of Article III, Sections 1 through 3, the Board of Directors shall have the authority to levy a special assessment for specific purposes and shall provide for the collection of the same. The accounts of the Association shall be audited annually by a certified public accountant.
  2. As stated in Article VI, Section 4 and 5, of the Constitution & Bylaws, the following attendance requirements are set forth:  The Board of Directors shall meet not less than two (2) times each year, once at the Winter Conference which shall be held in the first month of the fiscal year and once at the time of the Annual Convention.
  3. A Director is expected to attend all meetings of the Board of Directors.  Article VI, Section 5.A. & B. sets forth sanctions placed on unexcused absences, etc.
  4. Any member selected by Section 1. C. hereof who during the term of office is absent from two meetings of the Board without having been officially excused in writing for good cause, due to illness, death of a family member, jury duty, active military service or undue hardship, by the Executive Committee, shall be deemed to forfeit the office and the Executive Vice President shall so notify the Director and the Director's local board. The Director shall have fifteen days thereafter to appeal to the Executive Committee in writing for waiver of this provision for good cause, which appeal shall be heard at the next meeting thereof. Where a position is forfeited and hence vacant, the Executive Vice President shall notify the respective local board, which shall be entitled to select a director to fill such vacancy.
  5. Any member selected by Sections I.A or B, or by Sections 2.B or C, who is absent from two meetings of the Board during the term of office shall be placed on inactive, non-voting status, and may be returned to active status only for good cause on written application to and approved by the Board of Directors.
  6. In addition, the following requirements are set for Directors of the Alabama Association of REALTORS® Inc:
  7. As a member of the State Association's governing body, it is the responsibility of the State Director to represent the interests of the total State Association membership and not solely his/her personal interest, local board or region.
  8. The Alabama Association of REALTORS® will prepare a summary of the most important issues discussed and /or acted on at the meetings of the Board of Directors.  This summary will be emailed to all State Directors within 30 days of Directors' meetings for State Directors to discuss at local board meetings. (i.e. Executive Committee, Board of Directors and Membership meetings.)  This summary and the minutes of the meetings will also be emailed directly to the local boards.

 

Section 2.11. Committee Chair/Vice Chair Duties

Timetable and Selection Process for Committee Chairs, Vice Chairs, Committee Charges, Budgets and Committee Members

(A) Annually the President-Elect and Treasurer shall meet no later than June 15 for the purposes of initiating the selection process for Committee Chairs and Vice Chairs. The final selection shall be designated no later than the Annual Convention each year for approval of the Board of Directors.

1. Requirements for selection of chairs.

  1. Chairs are appointed by President-Elect
  2. Should have attended two-thirds (2/3) of meetings during a two year period for the committee Chair being considered.
  3. Should have served on the committee for three years or chaired another committee other than Finance and Organizational Standards. (06/16/10)

2. Requirements for selection of vice chairs.

  1. Vice Chairs are appointed by President-Elect and Treasurer
  2. Should have attended two-thirds (2/3) of meetings during a two year period for the committee Vice Chair being considered.
  3. Should have been on the committee for two years.

*If no candidate is found meeting the criteria, selection can be made at AAR President’s discretion.

*These requirements are excluded for any Vice-chair or Chair position held by any Executive Committee officers.

 

(B)  No later than October 15 each year, based on those Chair/Vice Chair approved by the Directors, Chair/Vice Chair Commitment letters shall be sent to all Chair/Vice Chair, along with the basic Committee Charge as set in the Bylaws and/or Policy & Procedures Manual of the Alabama Association of REALTORS®, Inc.

(C)  No later than November 15 each year, a meeting shall be held at the AAR offices in Montgomery for the purposes of the President-Elect and Treasurer meeting with the prospective committee leadership to draw up a full Committee Charge and Plan of Action for each committee using the AAR Business Plan as the guide for the charge, along with meeting dates for the year.  In addition, each Chair/Vice Chair shall be given a list of all persons requesting committee service to enable them to make recommendations to the President-Elect and Treasurer concerning appointments/continuation of committee members.

(D) The first committee meeting will be at the beginning of each new year in the Winter Conference time format, except those meetings scheduled to meet at other times away from the normal committee time frames. (9/16/11)

(E) Prior to each Committee meeting during the year, it is the responsibility of the Chair and Vice Chair to contact each committee member to let them know of the meeting and their responsibility and commitment to their respective committees.

  1. To establish measurable/quantifiable goals and report to the Board of Directors of AAR as to the progress of the Committee.
  2. That programs and/or policies must be created or implemented by this Committee that are consistent with the Alabama Association of REALTORS®, Inc.: Constitution & Bylaws, Policy and Procedures Manual, Strategic Plan and/or Structural Audit.
  3. To appoint and give clear direction to Task Forces as needed, empowering them to either make their report back to the committee or to make their recommendations directly to the Board of Directors.
  4. To know the financial aspects of the committee and to be familiar with the budget process. Line item adjustments within the committee budget may be made at the discretion of the committee.
  5. To participate in the ongoing work of the committee outside of the times set for group meetings.
  6. To create an environment that encourages maximum member participation.
  7. To ensure that the Committee follows appropriate procedures for accomplishing programs.
  8. To coordinate with staff liaison the plans, actions, mailings, etc. as pertains to this Committee.
  9. Develop and/or review the long range plan for committee they chair.
  10. Committee chair or (designee) presents motions from their committee to the Executive Committee and Board of Directors.
  11. Term of one (1) year can repeat.
  12. Chairs vote only to make or break a tie.

 

Section 2.12. Regions Defined (6/16/98)

(A) Regions Defined

The regions of the Association shall embrace boards whose jurisdictions fall within the respective Alabama counties named below:

 

Northern: Lauderdale, Limestone, Madison, Jackson, Colbert, Franklin, Lawrence, Morgan, & Marshall Counties.

 

North Central: Marion, Winston, Cullman, DeKalb, Etowah, Cherokee, Lamar, Fayette, Walker, St. Clair, Calhoun, Cleburne, Pickens, Tuscaloosa, Talladega, Clay, Randolph, and Bibb counties.

 

Jefferson-Shelby-Blount:  Blount, Jefferson and Shelby Counties.

 

Central:  Sumter, Greene, Hale, Perry, Chilton, Coosa, Tallapoosa, Chambers, Choctaw, Marengo, Wilcox, Dallas, Autauga, Elmore, Macon, Lee, Lowndes, Montgomery, Bullock, Russell, Butler, Crenshaw, Pike, Covington, Coffee, Dale, Barbour, Henry, Houston and Geneva counties.

 

Southern:  Washington, Clarke, Monroe, Conecuh, Mobile, Baldwin, and Escambia counties.

 

Section 2.13. NAR Director Criteria

An NAR Director is expected to attend both National Board of Directors meetings each year. To request an excused absence a written letter of explanation must be sent to the state Executive Committee and to the National Association.  Excused absences may be requested and considered because of illness, significant family events and serious personal emergencies. Approval of a request for an excused absence shall be determined by an affirmative vote of a majority of the National Directors, who shall convene by any means available as soon as possible after the request is received. The vote shall be by secret ballot. (9/16/10)

 

It is the NAR Director's job to keep abreast of the current issues and problems facing the NATIONAL ASSOCIATION OF REALTORS®.

 

As a member of the National Association's governing body, a National Director's major responsibility is to represent the entire membership of the National Association. There being many different viewpoints in the Association body with sound reasons to support each of them, it is, however, incumbent on the National Directors to keep in mind that they are responsible to all of the members and must keep the welfare of the total Association in the forefront of their decisions and not base any decision on geographic or factional considerations.

 

To be a National Director, one must have attended at least one Director's meeting at a National meeting in the year prior to his/her being appointed as a National Director.

 

To be a National Director, one must have served as a Board President, or National Director by virtue of being a national officer of an Institute, Society or Council, or service on the NAR Executive Committee prior to his/her appointment as a National Director. (7/1/97)

 

Subsequent to NAR Committee/Leadership Request Forms being distributed, the National Directors will meet for the following purposes, realizing the NAR deadline:

  1. Review NAR Committee Request Forms and make selection of whom to appoint to NAR Committees based on the criteria listed on the form, so as to best serve the Alabama Association of REALTORS®.
  2. Based on Committee Leadership Request Forms received, to make a recommendation to National Leadership as to Chair and Vice Chair of National Committees.
  3. As part of the criteria of accepting to be a National Director, the Director agrees to serve on one National Committee, and will be appointed through the above process.

 

The term of the Entitlement National Director shall be for a period of three years, except the President-Elect of the Alabama Association of REALTORS® shall serve one year of one three-year Entitlement Director term. The AAR Treasurer may serve as a National Director for a one year term by virtue of office if recommended by the National Entitlement Director Nominating Committee and approved by the Board of Directors. (9/19/08)

 

Upon the return of the Director from a National Board of Director's meeting, he/she has fifteen days from the close of the National meeting to file with the state Association the following:

  1. A National Director Reporting form listing what they consider to be the five most important issues discussed at the Directors Meeting, committee meetings attended and action taken, and their assessment/opinion of the overall Board of Directors meeting.
  2. After the form is filed with the state Association, the Alabama REALTOR® publication editor is to compile and summarize the various reports into one for the current magazine edition being composed.
  3. At each of the main state Board of Directors meetings held each year, one of the National Directors shall be responsible for presenting their composite report to the State Director body, with the maximum time limit of five minutes for presentation. The Directors shall report on a rotation duty.
  4. The AAR staff shall be advised to add this report to the Agenda of each Board of Directors meeting.
  5. A report of expenses with receipts attached shall be completed on a form provided by the State Association prior to the meeting being attended.

 

It is mandatory that the above steps be followed before compensation shall be paid to any National Director attending the National meeting.

 

The National Entitlement Directors recommended by the AAR National Entitlement Directors Nominating Committee to the Executive Committee, the AAR Board of Directors and elected by NAR, and any Distinguished Service Award National Director, shall be reimbursed up to $3,000.00 per NAR meeting, with receipts being required, provided they attend the NAR Directors’ meeting in its entirety, and are present at the time of adjournment; but shall not be paid until all steps of the above are completed by the National Director, provided that an excused absence has been approved in accordance with Section 2.13 as recited above. (6/13/12)

It is the responsibility of each National Director to make their own registration and travel arrangements for each National meeting.

 

Section 2.14. Oath & Installation of Officers

The officers shall be installed during the Annual Convention or at a special membership meeting.

 

Oath of Office:

  • Do you solemnly and sincerely promise and swear that you will administer the office to which you have been elected to the best of your ability and judgment, in conformity with the Constitution and Bylaws of this Association; and
  • That you will observe and enforce the Code of Ethics of the REALTORS®;
  • That you will uphold and support the Alabama Real Estate Commission in its enforcement of the license law of Alabama;
  • That you will uphold and support your National Association of REALTORS®;
  • That you will in all your acts be governed by the principles of honesty, justice, and fair play, and in every manner possible endeavor to promote and safeguard the best interest of our State, the high purposes of this State Association, and the welfare of its membership. Do you so subscribe?

 

Section 2.15. Small, Medium, Large Boards Defined

The boards of the Association shall be categorized as small (1‑99 members), medium (100‑499 members), or large (500 and above members).

 

Section 2.16. Executive Committee

(A)  Meetings: Except for joint meetings of the Executive Committee and NAR Directors as provided in the bylaws, the attendance of the NAR directors or other individuals at Executive Committee meetings is at the discretion of the President or the Executive Committee.

(B)  Employment Agreement: The Executive Committee is authorized to employ or enter into an employment agreement with the Executive Vice President, and is authorized to terminate same as necessary.

(C)  Constitutes Legal Action Fund Administrators: The Executive Committee is hereby constituted as the Legal Action Fund Administrators for purposes of administering the Legal Action Fund.

(D)  Constitutes Investment Advisory Group:  The Executive Committee is hereby constituted as the Investment Advisory Group for purposes of administering the investment funds.

(E)  Resolutions: Resolutions “celebrating the life of a deceased REALTOR®” be authorized by the Executive Committee upon receipt from the local association of a fully executed resolution request form containing the professional and volunteer services of the REALTOR®.

 

Section 2.17. Local Boards

The Association encourages local boards to be ALL-REALTOR® boards. Local boards are encouraged to aggressively recruit new members. (6/13/12)

 

Section 2.18. Membership Lists

(A)  For Official AAR Business: The membership list of the Association is the property of the Association for official use of the Association. The Executive Vice President may furnish mailing lists, for official AAR business, at no cost or at cost if requested on more than an infrequent basis, to local boards, or other persons.

(B)  For Societies, Institutes, Councils: The membership mailing list may be provided by the Executive Vice President to a society, institute, or council, for official AAR business, at cost. The list may be rented, for official society, institute, council business (e.g., promotion of a society course or meeting) at a cost of $50 per 1,000 labels.

(C)  For Societies, Institutes, Councils: One designee membership mailing list may be provided each quarter by the Executive Vice President to a society, institute, or council for official AAR business at no cost.  Any request of the list exceeding the one per quarter may be rented for official society, institute, council business (e.g., promotion of a society course or meeting) at a cost of $150 per 1,000 labels. (1/13/00)

(D)  Availability of list for non-AAR business: The AAR membership list is available to AAR members and non-members for non-AAR business.  The cost to AAR members and affiliates is $150 per 1000; the cost to non-members is $250 per 1000.  Only the Executive Committee should be authorized to make any exception to this policy. (1/13/00)

(E)  E-mail addresses may be used in the historical and routine business of the Association, i.e. list serves, Leadership Manual – but shall not be rented, sold, or given to any other individual or organization for any other purpose. (6/3/03)

 

 

SECTION 3

ASSOCIATION BUSINESS

 

Section 3.1. Committee Motions  (1/11/96)

On business items that necessitate approval by the Board of Directors, all committees shall report motions in writing to the Executive Committee for presentation to the Directors.

 

Section 3.2. Executive Committee Review

All committee motions are to be on a form for use as a supplemental agenda by the Executive Committee. The Committee shall recommend action to the Directors on each such motion, on a supplemental agenda which shows the original motion, and the Executive Committee's recommendation. (9/87)

 

Section 3.3. Board Disposition

The chair of each committee may speak to any committee motion and also provide other informational reports. The following motions are in order to dispose of committee motion(s):
              a. Move adoption, as recommended by the Executive Committee;

              b. Move adoption, notwithstanding the Executive Committee's recommendation;

              c. Other proper motions.

At each Directors meeting, motions should first be presented verbally, discussion allowed, and then the recommendation of the Executive Committee should be presented verbally and disposition made. (1/16/91)

 

Section 3.4. Board of Directors Notification of Meeting/Minutes

Minutes and a tentative agenda should be sent out by email not later than two weeks prior to the next scheduled Board of Directors meeting, and they should not be included in the Director Packets at each Directors Meeting. (9/16/11)

Section 3.5. Sign-In Book

There shall be a Director Sign-In Book which contains the name of each Director. This shall be a permanent record book to enable the Executive Committee to vigorously enforce director attendance requirements. (7/3/91)

 

Section 3.6. Minimum Notice of Meetings

The Chair shall give at least two weeks written notice of the call of any committee meetings, except by consent of the President.

 

Section 3.7. Recusal of Members

Any member who has a financial interest in the outcome of any matter being considered shall recuse himself/herself. Any member of a committee who is related to a person being considered for an award shall leave the meeting room for the entire deliberation of the award.

 

 

Section 3.8. Committee Sign-In

Committee attendance records should be maintained in a permanent sign-in book and a list of committee attendees attached to the committee reports. (7/3/91)

 

SECTION 4

Presidential Advisory Groups (PAGs), Committee Task Forces and Trustees

(As reserved by Article VIII of AAR Constitution and Bylaws)

 

Section 4.1 Presidential Advisory Groups (PAGs)   (9/19/08)

Presidential Advisory Groups (PAGs) appointed by the President shall report their findings/recommendations to the Executive Committee and Board of Directors for disposition.  PAGs appointed by the President cease to exist when their final report is presented.  The charge and appointments will be posted on the AAR website and all Associations/Boards shall be notified as to what the task is and who has been appointed.

Section 4.2 Committee Task Forces

Task Forces are to be appointed by committee chairs to manage specific committee responsibilities.  They are to carry out and implement their charges and when required, submit recommendations and findings to their committee chairs who shall report the findings/recommendations to the Executive Committee and Board of Directors for disposition. Task Forces appointed by chairs cease to exist when their final report is presented.  When Task Forces are appointed by the committee chairs, the charge and appointments will be posted on the AAR website and all Associations/Boards and members of that committee shall be notified as to what the task is and who has been appointed. (9/19/08)

Section 4.3 AAR Organizational Chart (9/19/08)

The AAR Organizational Chart provides the structure for the conduct of the Association’s business.

Section 4.4 Advisory Group, Task Force and Trustee Functions

 

Section 4.4.1 Audit Task Force (9/19/08)

The Audit Task Force shall consist of and serve terms as follows:

1.  Immediate Past President    one year term during year as Immediate Past President

2.  President-Elect                   one year term during year as President-Elect

3.  Treasurer                            one year term during year as Treasurer

4.  Secretary                             one year term during year as Secretary

5.  Past State President*          three year term

6.  State Director**                 two year term

7.  Local Board Ex. Officer***            two year term

8.  State President                    Ex-Officio - Non-voting

9.  State Exec. Officer              Ex-Officio - Non-voting

    *The Past State President shall be chosen by the Past State Presidents as necessary prior to the beginning of the term of office.

  **The State Director shall be chosen by the local board presidents prior to the beginning of the term of office.  The determination shall be made from a list provided to them by the local boards of their state directors who are eligible to serve a two-year term of office.

***The Executive Officer shall be chosen by the Executive Officers in October prior to the beginning of the term of office.

 

The first meeting of each Audit Task Force shall be held no later than December 1st of each year for purposes of initiating the audit process with the AAR staff, to engage the CPA for the audit, and to establish communication lines for timely updates and notification of completion of the audit. The Treasurer of the Association shall be the Chair of the Audit Task Force.

Section 4.4.2 Building, Equipment, and Furnishings Committee

Building, Equipment, & Furnishing Committee shall develop and be responsible for a regular schedule of building evaluation and maintenance. (9/19/08)

 

Section 4.4.3 Issues Mobilization Committee

Purpose:   To support local associations through education and/or financial support to enable them to organize and manage effective issue campaigns to promote REALTOR® public policy when threats to private property rights, homeownership rights or business threats arise. (9/19/08)

 

Section 4.4.4 Legal Action Fund Task Force (9/19/08)

Statement of Organization and Procedure

Legal Action Fund Administrators

 

(A) Name: A special program of the Alabama Association of REALTORS® known as the Legal Action Program is hereby provided for.

 

(B) Purpose: The principal function of the Legal Action Program shall be to establish and administer the Legal Action Fund. The Legal Action Fund shall be administered so as to best achieve the purposes and goals of the Legal Action Program. These purposes and goals are as follows:

  1. Promote among the Member Boards of the State Association in any appropriate fashion, an understanding of their rights and duties under State law.
  2. Support the adequate representation of Member Boards and Members threatened by litigation having statewide significance.
  3. Provide legal assistance or funding to initiate litigation at the request of a Member Board to promote or defend the right