Welcome to Tacoma-Pierce County Association of REALTORS

SECTION 1. Name. The name of this organization shall be the Tacoma-Pierce County Association of REALTORS®, 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.

SECTION 1. To unite those engaged in the recognized branches of the real estate profession for the purpose of exerting a beneficial influence upon the profession and related interests.

SECTION 2. To promote and maintain high standards of conduct in the real estate profession as expressed in the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®.

SECTION 3. To provide a unified medium for real estate owners and those engaged in the real estate profession whereby their interests may be safeguarded and advanced.

SECTION 4. To further the interests of home and other real property ownership.

SECTION 5. To unite those engaged in the real estate profession in this community with the Washington 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 REALTORS® and REALTORS® as licensed prescribed and controlled by the NATIONAL ASSOCIATION OF REALTORS®.

SECTION 1. The territorial jurisdiction of the Association as a Member of the NATIONAL ASSOCIATION OF REALTORS® is all of Pierce County, State of Washington.

(a) The right and duty to control the use of the terms REALTORS® and REALTORS®, subject to the conditions as 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 in the terms.

ARTICLE IV

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

(1) Individuals who are actively licensed by the Real Estate Division of the Washington State Department of Licensing, and/or who hold appraisal licensure/certification from the Appraisers' Section of the Washington State Department of Licensing for the appraisal of real property, and 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, building, developing or subdividing real estate, and who maintain or are associated with an established real estate office in the state of Washington 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 of Washington or a state contiguous thereto shall qualify for REALTORS® Membership only, and each is required to hold REALTORS® Membership (except as provided in the following paragraph) in an Association of REALTORS® within the state of Washington or a state contiguous thereto, in the State Association and in the National Association, unless otherwise qualified for Institute Affiliate Membership as described in Section (1) (c) of this Article.

In the case of a real estate firm, partnership, or corporation, whose business activity is substantially all commercial, only those principals actively engaged in the real estate business in connection with the same office, or any other offices within the jurisdiction of the board in which one of the firm’s principals holds REALTORS® membership, shall be required to hold REALTORS® membership unless otherwise qualified for Institute Affiliate Membership as described in Section 1(c) of Article IV.

NOTE: REALTORS® Members may obtain membership in a “secondary” Association in another state.

(b) Distinguished Service Life Members. A Distinguished Service Life Member shall be a REALTORS® Member who has held Membership in the Association for at least twenty-five (25) years and who has been actively involved for at least ten (10) years as a standing committee member, committee chairperson, Director or elected Officer.

(c) Institute Affiliate Members. Institute Affiliate Members shall be individuals who hold a professional designation awarded by an Institute, Society, or Council affiliated with the NATIONAL ASSOCIATION OF REALTORS® that addresses a specialty area other than residential brokerage or individuals who otherwise hold a class of membership in such Institute, Society or Council that confers the right to hold office. Any such individual, if otherwise eligible, may elect to hold REALTORS® or REALTOR-ASSOCIATE� membership, subject to payment of applicable dues for such membership.

(d) Affiliate Members. Affiliate Members shall be real estate owners and other individuals or firms who, while not engaged in the real estate profession as defined in paragraphs (a), (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 salaried 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 services 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 in 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 or not associated with an established real estate office.

(h) Educational Affiliate Members. Educational Affiliate Members shall be individuals who, because of enrollment in educational courses other than defined in paragraph (g) of this Section, have a need and/or desire to obtain information concerning real estate, and are in sympathy with the objects of this Association, but are not engaged in the real estate profession on their own account or in association with an established real estate business.

(i) Appraiser Trainee Members. Appraiser Trainee Members shall be unlicensed individuals employed by or affiliated with a REALTORS® Member who are working towards their appraisal licensure or certification. Appraiser Trainee Members may only hold this category of Membership for no more than two (2) years from application or until licensed or certified by the state of Washington, whichever comes first. They may not use the term REALTORS® and are not entitled to vote or hold office in the Association. Although they are not subject to the Code of Ethics or its enforcement by the Association, such Members are encouraged to abide by the principles established in the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® and conduct their business and professional practices accordingly.

(a) An application for membership shall be made in such manner and form as may be prescribed by the Board of Directors and made available to anyone requesting it. The application form shall contain among the statements to be signed by the applicant (1) that he or she has or has had access to, has carefully reviewed and, if elected a Member, will abide by the Constitution, Bylaws and Rules and Regulations of the Association, the Constitution and Bylaws of the State Association, and the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS® and, if a REALTORS® member, will abide by the Code of Ethics of THE NATIONAL ASSOCIATION OF REALTORS®, including the obligation to arbitrate controversies arising out of real estate transactions as specified by Article 17 of the Code of Ethics and, as further specified in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®, as from time to time amended; and (2) that applicant consents that the Association, through its Board of Directors 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 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 as referred to above.

(a) An applicant for REALTORS® Membership who is a sole proprietor, partner, corporate officer or branch office manager of a real estate firm shall supply evidence satisfactory to the Board of Directors 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 of Washington 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 Bylaws, Constitution and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, and shall pass such reasonable and non-discriminatory written examination thereon as may be required by the Board of Directors, and shall agree that if elected to membership, he or she will abide by such Constitution, Bylaws, Rules and Regulations and Code of Ethics.

(*) NO RECENT OR PENDING BANKRUPTCY is intended to mean that the applicant or any real estate firm in which the applicant is a sole proprietor, general partner, corporate officer or branch office manager is not involved in any pending bankruptcy or insolvency proceedings or, has not been adjudged bankrupt in the past three (3) years. If a bankruptcy proceeding as described above exists, membership may not be rejected unless the Association establishes that its interests and those of its members and the public could not be adequately protected by requiring that the bankrupt applicant pay cash in advance for Association and MLS fees for up to one (1) year from the date that membership is approved or from the date that the applicant is discharged from bankruptcy (whichever is later). In the event that an existing member initiates bankruptcy proceedings, the member may be placed on a "cash basis" from the date that bankruptcy is initiated until one (1) year from the date that the member has been discharged from bankruptcy.

(**)NO RECORD OF OFFICIAL SANCTIONS INVOLVING UNPROFESSIONAL CONDUCT is intended to mean that the Association may only consider judgments within the past three (3) years of violations of (1) civil rights laws; (2) real estate license laws; (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities.

Note: Article IV, Section 2 of the NAR Bylaws prohibits Boards from knowingly granting REALTORS® membership to any applicant who has an unfilled sanction pending which was imposed by another Board or Association of REALTORS® for violation of the Code of Ethics

(b) Individuals who are actively engaged in the real estate profession other than as principals, partners, corporate officers or branch office managers, in order to qualify for REALTORS® Membership shall, at the time of application, be associated either as an employee or as an independent contractor with a Designated REALTORS® Member of the Association or a Designated REALTORS® member of another Association (if a secondary member) and must maintain a current, valid real estate broker's or salesperson's license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, shall 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 Board of Directors and shall agree in writing that if elected to membership he will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, and by the Constitution, Bylaws, and Rules and Regulations of the local Association, State Association, and the National Association.

SECTION 3. Election. The procedure for election to Membership shall be as follows:

(a) The Board of Directors shall determine whether the applicant is applying for the appropriate class of Membership for which he would be eligible if otherwise possessing the qualifications of Membership. If it so determines, it shall give written notice to the REALTORS® Members of such application and invite written comment thereon. If one or more REALTORS® Members object to the approval of this application, basing such objection on lack of qualifications as set forth in these Bylaws, the Board of Directors shall invite any objecting Member(s) to appear and substantiate the objection(s). Objections which are not substantiated shall be disregarded.

The Board of Directors may not find objections substantiated without (1) informing the applicant in advance, in writing, and (2) giving the applicant a full opportunity to appear before the Board of Directors and establish his or her qualifications. The Board of Directors shall thereafter make a written record of its findings. The Board of Directors shall conduct all proceedings with strict attention to the principles of due process and compliance with the Bylaws of the Association.

(b) Thereafter, within sixty-one (61) days, the Board of Directors shall take final action on the approval of the application for membership by reviewing the qualifications of the applicant and then voting on the applicant’s eligibility for membership. If the applicant receives a majority vote of the Board of Directors, she/he shall be declared elected to membership and shall be so advised by notice in writing.

(c) The Board of Directors may not reject an application without first providing the applicant with advance written notice of the findings of the Board of Directors, an opportunity to appear before the Board of Directors, to call witnesses in her/his behalf, to be represented by counsel, and to make such statements as he/she deems relevant. The Board of Directors may also have counsel present. The Board of Directors shall require 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 the application should be rejected, it shall record its reasons with the Executive Officer. If the Board of Directors believes that the applicant may resort to legal action because of rejection of his application, it may specify that denial 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.

Applicants for REALTORS® membership shall complete an orientation program on the Code of Ethics of not less than two hours and thirty minutes of instructional time. This requirement does not apply to applicants for REALTORS® membership who have completed comparable orientation in another association, provided that REALTORS® membership has been continuous, or that any break in membership is for one year or less.

Failure to satisfy this requirement within 120 days of the date of application will result in denial of the membership application.

SECTION 5. Continuing Member Code of Ethics Training

Effective January 1, 2001, through December 31, 2004 and for successive four year periods thereafter, each REALTORS® member of the association shall be required to complete quadrennial ethics training of not less than two hours and thirty minutes of instructional time. This requirement will be satisfied upon presentation of documentation that the member has completed a course of instruction conducted by this or another association, the State Association of REALTORS®, the National Association of REALTORS®, or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the National Association of REALTORS® from time to time. REALTORS® members who have completed training as a requirement of membership in another association and REALTORS® who have completed the New Member Code of Ethics Orientation during any four year cycle shall not be required to complete additional ethics training until a new four year cycle commences.

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

Members suspended for failing to meet the requirement for the first four (4)-year cycle (2001 through 2004) will have until December 31, 2005 to meet the requirement. Failure to meet the requirement by that time will result in automatic termination of membership. Failure to meet the requirement for the second (2005 through 2008) cycle and subsequent four (4)-year cycles will result in suspension of membership for the first two months (January and February) of the year following the end of any four (4)-year cycle or until the requirement is met, whichever occurs sooner. On March 1 of that year, the membership of a member who is still suspended as of that date will be automatically terminated. (Adopted 1/01, revised 5/05)

(a) A REALTORS® who changes the conditions under which he holds Membership shall be required to provide written notification to the Association within thirty (30) days. A REALTORS® (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 REALTORS® principals, may be required to satisfy any previously unsatisfied membership requirements applicable to REALTORS® (principal) Members, but shall, during the period of transition from one status of membership to another, be subject to all the privileges and obligations of a REALTORS® (principal). If the REALTORS® (non-principal) does not satisfy the requirements established in these Bylaws for the category of membership to which he has transferred within forty-five (45) days of the date the Association was advised of the change in status, his or her new membership application will terminate automatically unless otherwise directed by the Board of Directors.

NOTE: The Board of Directors, at its discretion, may waive any qualification, which the applicant has already fulfilled in accordance with these Bylaws.

(b) Any application fee related to a change in membership status shall be reduced by an amount equal to any application fee previously paid by the applicant.

(c) Dues shall be prorated from the first day of the quarter in which the Member is notified of election by the Board of Directors and shall be based on the new membership status for the remainder of the calendar year.

SECTION 1. The privileges and obligations of Members, in addition to those otherwise provided in these Bylaws, shall be as 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 or Rules and Regulations which are 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 neither subject to the Code of Ethics nor its enforcement by the Association, such Members are encouraged to abide by the principles established in business and professional practices accordingly. Further, Members other than REALTORS® may, upon recommendation of the Member Services 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 in a non-discriminatory basis, reflects adversely on the terms REALTORS® and 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 REALTORS® 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 Association, provided that the discipline imposed is consistent with the discipline authorized by the Professional Standards Committee of the NATIONAL ASSOCIATION OF REALTORS® as set forth in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®.

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 or otherwise causes membership to terminate with an Ethics Complaint, that Board of Directors may condition the right of the resigning Member to reapply for Membership upon the applicant's certification that he/she will submit to the pending Ethics proceeding and will abide by the decision of the hearing panel.

(a) If a Member resigns or otherwise causes membership to terminate, the duty to submit to arbitration continues in effect even after membership lapses or is terminated, provided that the dispute arose while the former Member was a REALTORS®.

(a) REALTORS® 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.

(b) Only REALTORS® Members may use the term REALTORS® and REALTORS®, which use shall be subject to the provisions of Article VIII.

(c) REALTORS® Members have the primary responsibility to safeguard and promote the standards, interests and welfare of the Association and the real estate profession.

(d) If a REALTORS® Member is a principal in a firm, partnership or corporation, and is suspended or expelled, the firm, partnership, or corporation of which he or she is the principal shall not use the term REALTORS® or REALTORS® in connection with its business during the period of suspension or until readmission to REALTORS® Membership, or unless connection with the firm, partnership, or corporation is severed, whichever may apply. The membership of all other partners or corporate officers shall suspend or terminate during the period of suspension of the disciplined Member, or until readmission of the disciplined Member or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, whichever may apply. Further, the Membership of REALTORS® other than principals who are employed by or affiliated with as independent contractors with the disciplined Member shall suspend or terminate during the period of suspension of the disciplined Member or until readmission of the disciplined Member or until connection of the disciplined Member with the firm, partnership, or corporation is severed, or unless the REALTORS® Member (non-principal) elects to sever his or her connection with the REALTORS® and affiliate with another REALTORS® Member in good standing in the Association, whichever may apply. If a REALTORS® Member who is other than a principal in a firm, partnership, or corporation is suspended or expelled, the use of the terms REALTORS® and REALTORS® by the firm, partnership, or corporation shall not be affected.

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

SECTION 7. Distinguished Service Life Member. A Distinguished Service Life Member, being a REALTORS® Member as defined in Article IV, Section 1(b) of these Bylaws, shall have the same privileges and obligations as those defined for REALTORS® Members in this Article.

SECTION 8. Institute Affiliate Member. Institute Affiliate Members shall have such rights and privileges and be subject to such obligations as are prescribed by the Board of Directors in compliance with the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS®.

SECTION 9. Affiliate Members. Affiliate Members shall have such privileges and rights and be subject to such obligations as may be prescribed by the Board of Directors.

SECTION 10. Public Service Members. Public Service Members shall have such privileges and rights and be subject to such obligations as may be prescribed by the Board of Directors.

SECTION 11. Honorary Members. Honorary Members shall confer no rights except the right to attend meetings and participate in discussions and shall impose no obligations.

SECTION 12. Student Members. Student Members shall have such privileges and rights and shall be subject to such obligations as may be prescribed by the Board of Directors.

SECTION 13. Educational Affiliate Members. Educational Affiliate Members shall have such privileges and rights and shall be subject to such obligations as may be prescribed by the Board of Directors.

SECTION 14. Appraiser Trainee Members. Appraiser Trainee Members shall have such privileges and rights and shall be subject to such obligations as may be prescribed by the Board of Directors.

SECTION 15. Certification by REALTORS®. "Designated" REALTORS® Members of the Association shall certify during the month of April, on a form provided by the Association, a complete listing of all individuals licensed or certified in the REALTORS®’s office(s) and shall designate a primary Association for each individual who holds membership. Designated REALTORS® shall also identify any non-member licensees in the REALTORS®’s office(s) and if Designated REALTORS® Dues have been paid to another Association based on said non-member licensees, the Designated REALTORS® shall identify the Association to which dues have been remitted. These declarations shall be used for purposes of calculating dues under Article X, Section 3 (a) of the Bylaws. "Designated" REALTORS® 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(s).

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 Washington state law shall be deleted or amended to comply with Washington state law.

SECTION 2. It shall be the duty and responsibility of every REALTORS® Member of this Association to abide by the Constitution, Bylaws and Rules and Regulations of the Association; the Constitution and Bylaws of the State Association; the Constitution and Bylaws of the National Association; 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 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 1. Use of the terms REALTORS® 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 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. Any misuse of the terms by members is a violation of a membership duty and may subject members to disciplinary action by the Board of Directors after a hearing as provided for in the association’s Code of Ethics and Arbitration Manual. (Amended 06/2006).

SECTION 2. REALTORS® Members of the Association shall have the privilege of using the terms REALTORS® and REALTORS® in connection with their place of business within the state of Washington or a state contiguous thereto so long as they remain REALTORS® Members in good standing. No other class of members shall have this privilege.

SECTION 3. A REALTORS® Member who is a principal of a real estate firm, partnership, or corporation, may use the terms REALTORS® and REALTORS® only if all the principals of such firm, partnership, or corporation who are actively engaged in the real estate profession within the state of Washington or a state contiguous thereto are REALTORS® Members of the Association or Institute Affiliate Members as described in Section 1 (c) of Article IV.

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

SECTION 4. Institute Affiliate Members shall not use the terms REALTORS® or REALTORS®, nor the imprint of the emblem seal of the NATIONAL ASSOCIATION OF REALTORS®.

SECTION 1. The Association shall be a Member of the NATIONAL ASSOCIATION OF REALTORS® and the Washington REALTORS®. By reason of the Association's Membership in the NATIONAL ASSOCIATION OF REALTORS® and the Washington REALTORS®, each Member shall be entitled to hold Membership in the Washington REALTORS® and the NATIONAL 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 of its REALTORS® Members, decision is made to withdraw, in which case the State and National Associations shall be notified of the date designated for termination of such Membership.

SECTION 2. The Association recognizes the exclusive property rights of THE NATIONAL ASSOCIATION OF REALTORS® in the terms REALTORS® 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 hereby adopts the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® and agrees to enforce the Code among its REALTORS® Members. The Association and all of its Members agree to abide by the Constitution, Bylaws, Rules and Regulations and policies of the NATIONAL ASSOCIATION OF REALTORS® and Washington REALTORS®.

SECTION 1. Application Fee. The Board of Directors may adopt a non-refundable application fee for REALTORS® Membership in a reasonable amount, not exceeding three (3) times the amount of the annual dues for REALTORS® Membership, and which shall become the property of the Association upon final approval of the application.

SECTION 2. Administrative Fees. The Board of Directors may adopt administrative fees in reasonable amounts that reflect the costs of administrative changes to the records of a member.

(a) REALTORS® Members. The annual dues of each Designated REALTORS® Member shall be in such amount as established annually by the Board of Directors, provided such amount shall not exceed 107% of the previous year's dues amount, times the number of real estate salespersons and licensed or certified appraisers who (1) are employed by or affiliated as independent contractors with, or who are otherwise directly or indirectly licensed with such REALTORS® Member, and (2) are not REALTORS® Members of any association in the state of Washington or a state contiguous thereto or Institute Affiliate Members of the Association. In calculating the dues payable to the Association by a Designated REALTORS® Member, non-member real estate licensees 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 of Washington or a state contiguous thereto, provided the Designated REALTORS® notifies the Association in writing of the identity of the association to which dues have been remitted. In the case of a Designated REALTORS® Member in a firm, partnership, or corporation whose business activity is substantially all commercial, any assessments for non-member licensees shall be limited to licensees affiliated with the Designated REALTORS® (as defined in (1) and (2) of this paragraph) in the office where the Designated REALTORS® holds membership, and any other offices of the firm located within the jurisdiction of this board.

(1) For the purpose of this Section, a REALTORS® Member of a Member Board or Association shall be held to be any Member who has a place or places of business within the state of Washington 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 REALTORS® if the license of the individual is held by the REALTORS® or by any broker who is licensed with the REALTORS®, or by any entity in which the REALTORS® has a direct or indirect ownership interest and which is engaged in soliciting and/or referring clients or customers to the REALTORS® or his firm on a substantially exclusive basis, provided that such licensee is not otherwise included in the computation of dues payable by the principal, partner, or corporate officer of the entity.

A REALTORS® with a direct or indirect ownership interest in an entity engaged exclusively in soliciting and/or referring clients and customers to the REALTORS® for consideration on a substantially exclusive basis shall annually file with the association on a form approved by the association a list of the licensees affiliated with that entity and shall certify that all of the licensees affiliated with the entity are solely engaged in referring clients and customers and are not engaged in listing, selling, leasing, managing, counseling or appraising real property. The individuals disclosed on such form shall not be deemed to be licensed with the REATLOR� filing the form for purposes of this Section and shall not be included in calculating the annual dues of the Designated REALTORS®.

Membership dues shall be prorated for any licensee included on a certification form submitted to the association who during the same calendar year applies for REALTORS® or REALTOR-ASSOCIATE� membership in the association. However, membership dues shall not be prorated if the licensee held REALTORS® or REALTOR-ASSOCIATE� membership during the preceding calendar year.

(b) The dues of each REALTORS® Member other than the Designated REALTORS® shall be in such amount as established by the Board of Directors, but shall not exceed 107% of the previous year's dues amount.

(c) Distinguished Service Life Members. The annual dues for a Distinguished Service Life Member, personally, shall be as fixed and adopted by the Board of Directors. No local Association portion of the annual dues will be assessed for Distinguished Service Life Member; however, this adoption does not relieve a Distinguished Service Life Member of his Designated REALTORS® dues obligation under Article X, Section 3(a) should it be applicable.

1.Institute Affiliate Members. The annual dues of each Institute Affiliate Member shall be as established in Article II of the Bylaws of the National Association of REALTORS®.

Note: The Institutes, Societies and Councils of the National Association shall be responsible for collecting and remitting dues to the National Association for Institute Affiliate Members ($75.00). The National Association shall credit $25.00 to the account of a local association for each Institute Affiliate Member whose office address is within the assigned territorial jurisdiction of that association, provided, however, if the office location is also within the territorial jurisdiction of a Commercial Overlay Board (COB), the $25.00 amount will be credited to the COB, unless the Institute Affiliate Member directs that the dues be distributed to the other board. The National Association shall also credit $25.00 to the account of state associations for each Institute Affiliate Member whose office address is located within the territorial jurisdiction of the state association. Local and state associations may not establish any additional entrance, initiation fees, or dues for Institute Affiliate Members, but may provide service packages to which Institute Affiliate Members may voluntarily subscribe.

(e) Affiliate Members. The annual dues of each Affiliate Member shall be as fixed and adopted by the Board of Directors. Such annual dues shall include the Washington REALTORS®' portion of such dues.

(f) Public Service Members. The annual dues of each Public Service Member shall be as fixed and adopted by the Board of Directors.

(g) Honorary Members. Dues payable, if any, shall be as fixed and adopted by the Board of Directors.

(h) Appraiser Trainee Members. The annual dues of each Appraiser Trainee Member shall be as fixed and adopted by the Board of Directors.

(i) Student Members. Dues payable, if any, shall be as fixed and adopted by the Board of Directors.

(j) Educational Affiliate Members. Dues payable, if any, shall be as fixed and adopted by the Board of Directors.

(a) Dues for all members shall be payable annually in advance of the first day of January, and shall be considered delinquent thereafter.

(b) In the event a sales licensee or licensed or certified appraiser who holds REALTORS® membership is terminated for nonpayment of Association dues, and the individual remains with the Designated REALTORS®’s firm, the dues obligation of the Designated REALTORS® (as set forth in Article X, Section 3(a) will be increased to reflect the addition of a non-member licensee. Dues shall be calculated from the first day of the current calendar year and are payable within 30 days of the notice of termination.

(c) Dues for an individual applying for REALTORS® Membership as defined in Article IV, Section 1(a)(1) of these Bylaws shall be calculated from the first day of the quarter in which the applicant is elected to membership, and shall be prorated for the calendar year, payable upon election to membership and considered delinquent thereafter.

(d) Dues for an individual applying for REALTORS® Membership as defined in Article IV, Section 1(a) (2) of these Bylaws shall be calculated from the first day of the quarter in which the applicant is elected to Membership, and shall be prorated for the year, payable upon election to Membership and considered delinquent thereafter.

(e) The dues of a reinstated Member shall be calculated from the first day of the quarter in which the reinstated Member is re-elected to Membership, and shall be prorated for the year, payable upon re-election to Membership and considered delinquent thereafter.

(f) The dues for all other categories of Membership shall be payable annually in advance of the first day of January and be considered delinquent thereafter. The dues of a new applicant shall be calculated from the first day of the quarter in which the candidate is elected to Membership, and shall be prorated for the year, payable upon election to Membership and considered delinquent thereafter.

(g) All dues paid to the Association shall become the property of the Association and are non-refundable, except upon the death of a Member and upon approval of the Board of Directors.

SECTION 5. 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, Membership of the non-paying member may be terminated at the discretion of the Board of Directors, unless within that time the amount due is paid. However, no action shall be taken to suspend or expel a member for nonpayment of disputed amounts until the accuracy of the amount owed has been confirmed by the Board of Directors. A former member who has had his or her membership terminated for nonpayment of dues, fees, fines, or other assessments duly levied in accordance with the provisions of these Bylaws or the provisions of other Rules and Regulations of the Association or any of its services, departments, divisions, or subsidiaries, may apply for reinstatement in a manner prescribed for new applicants for membership after making payment in full of all accounts due as of the date of termination: Provided, however, that the Board of Directors may, in its discretion and for good cause shown, elect to forgive up to one-half (1/2) of the amount due as a condition to reinstatement.

SECTION 6. Deposit. All money 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 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 the due date.

SECTION 1. The elected Officers of the Association shall be President, President-elect, Secretary/Treasurer, and the Treasurer-Elect. In the absence of the President, the President-Elect shall perform the duties of the President. If the President-Elect is unavailable to and/or is unwilling to assume the Office of President, the President shall be elected as specified in Section 7 of this Article. All Officers shall serve for one (1) year or until their successors are elected and qualified and shall be ex-officio members of the Board of Directors.

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.

(a) It shall be the particular duty of the Executive Officer to keep the records of the Association and to carry on all necessary correspondence with the NATIONAL ASSOCIATION OF REALTORS® and the Washington REALTORS®.

SECTION 3. President. The President shall be the principal elected Officer of the Association, shall preside at meetings of the Association and the Board of Directors and Executive Council, and shall be a member ex-officio, with right to vote, on all committees except the Nominating Committee. He/she shall also, at the Annual Meeting of the Association and at such other times as she/he shall deem proper, communicate to the Association or to the Board of Directors such matters and make suggestions as may, in her/his opinion, tend to promote the welfare and increase the usefulness of the Association, and shall perform such other duties as are necessarily incident to the Office of President, or as may be prescribed by the Board of Directors. The President is not charged with the executive or administrative responsibilities in management and continuing conduct of the Association's affairs.

SECTION 4. Board of Directors. The governing body of the Association shall be a Board of Directors, consisting of twenty one (21) persons and comprised as follows:

The elected Directors shall be elected to serve for terms of two (2) consecutive years respectively, or for such lesser terms as may be necessary to complete the first elective year. Thereafter, as many Directors shall be elected each year as are required to fill any vacancies occurring in the offices of the elected Directors. The Board of Directors shall have final authority to resolve disputes resulting from questions of interpretations of this Section.

(a) The Immediate Past President of the Association shall serve as a Director for a period of one (1) year following the completion of his/her term as President of the Association.

(b) ,two (2) at large Director, REALTORS® or non-REALTORS®, shall be appointed by the President and subject to the approval of the Board of Directors, shall serve a one (1) year term.

(c) Subject to the approval by the Board, the Chairperson (or the Chairperson’s designee) of the Tacoma-Pierce County Affiliate Council. Such person shall serve a one (1) year term.

(d) Subject to approval by the Board, the President (or the President’s designee) of the Pierce County Chapter of the Women’s Council. Such person shall serve a one (1) year term.

SECTION 6. Executive Council. There shall be an Executive Council of the Board of Directors, comprised of the President, President-Elect, Secretary/Treasurer and Immediate Past President, and two (2) elected Directors appointed by the President and approved by the Board of Directors. All members of the Executive Council shall have voting rights. The Executive Council, between meetings of the Board of Directors, may act upon matters of policy and finance that are necessary to conduct the affairs of the Board of Directors, subject to the ratification by the Board of Directors at its next meeting. In addition, the Executive Council shall review, matters not assigned to a task force and make recommendations to the Board of Directors.

PROVIDED, That no such council shall have the authority of the Board of Directors in reference to amending, altering or repealing the bylaws; electing, appointing or removing any member of any such council or any director or officer of the Association; amending the articles of incorporation; adopting a plan of consolidation with another corporation; authorizing the sale, lease, or exchange of all or substantially all of the property and assets of the Association not in the ordinary course of business; authorizing the voluntary dissolution of the Association or revoking proceedings therefore; adopting a plan for the distribution of the assets of the Association; or amending, altering or repealing any resolution of the Board of Directors which by its terms provides that it shall not be amended, altered or repealed by such council. The designation and appointment of any such council and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any individual director of any responsibility imposed upon it or any individual director by law.

(a) Election of Officers and Directors shall be by REALTORS® members of the Tacoma-Pierce County Association of REALTORS®, subject to specific voting requirements referenced in Section 4. The President shall appoint a Nominating Committee, which shall consist of the Immediate Past President (serving as Chair) and be comprised of regionally elected directors whose term expires in the current year and up to four (4) REALTORS® -at-large. Only REALTORS® shall be eligible to serve on the Nominating Committee.

(b) The Nominations Committee shall nominate, whenever possible, two (2) or more qualified REALTORS® candidates for each Association office, and two (2) or more candidates for each place to be filled on the Board of Directors. The Nominating Committee shall meet and issue a report naming the candidates. Such report shall be submitted to the Association Secretary/Treasurer or the President prior to the first day of August of each year.

(c) Additional candidates for the offices to be filled may be nominated in the following manner:

(1) By nomination from the floor during the regular Membership Meeting held in August of each year and, which nomination, when duly seconded, shall constitute such nominees as candidates for the offices to which they are nominated.

(2) By a petition with a minimum of twenty (20) signatures of REALTORS® Members. Said petition must be in the hands of the Nominations Committee at or prior to the regular August Membership Meeting.

(d) The Executive Officer shall immediately after the regular August Membership Meeting prepare ballots which shall designate names of all nominees thereon, and said ballots shall be distributed to each Member with a self-addressed envelope in which the Member may return his ballot to the Executive Officer. All ballots shall be tabulated by an Election Committee appointed by the President. Any ballots not returned to the office of the Executive Officer by 5:00 p.m. on the eighth (8th) business day following distribution of such ballots shall not be counted. Also, the election shall be announced at the regular Annual Meeting.

(f) The President, with approval of the Board of Directors, shall appoint a Nominations Committee of REALTORS® Members to conduct the election and to count the votes. In case of a tie vote, lot shall determine the issue.

SECTION 8. Vacancies. Vacancies among the Officers or within the Board of Directors shall be nominated by the President and subject to approval by the Board of Directors for the duration of the term.

SECTION 9. Employees. The Board of Directors may employ an Executive Officer, who shall manage and direct all functions and activities of the Association and perform such other duties as may be specified by the Directors. The Board of Directors may delegate to him or her all or part of the duties of the Secretary/Treasurer and may otherwise prescribe his or her functions. Subject to budget approval by the Board of Directors, the Executive Officer may employ such other persons as may be necessary to conduct the activities of the Association.

SECTION 1. Annual Meetings. An Annual Meeting of the Board of Directors and General Membership shall be held each year at a date, place and hour to be designated by the Board of Directors. A Treasurer's Financial Statement of Conditions will be provided to the Membership in writing at the Annual Meeting.

SECTION 2. Meetings of Directors. The Board of Directors shall designate a regular time and place of meetings and communicate the information to all Directors. Absence from three (3) regularly scheduled meetings in a calendar year shall be deemed a resignation from the Board of Directors.

SECTION 3. Other Meetings. Meetings of the Members may be held at such times as the President or the Board of Directors may determine, or upon written request of at least ten (10) percent of all REALTORS® Members.

SECTION 4. Notice of Meetings. Written notice shall be given to every REALTOR� Member entitled to participate in the meeting at least ten (10) days and no more than fifty (50) days preceding all meetings. If a special meeting, 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 General Membership meeting shall consist of twenty (20) REALTORS® Members. A quorum for the transaction of business at a Board of Directors meeting shall consist of at least half of the Board of Directors.

SECTION 1. Standing Committees. Except as otherwise provided for in this Article, subject to the approval of the Board of Directors, the President shall appoint Standing Committee members to serve for a one (1) year term or until their successors are appointed and qualified. The Standing Committees of the Association shall be as follows:

SECTION 2. Special Committees/Task Forces/Project Teams. The President, with the approval of the Board of Directors, may appoint such other committees/task forces/project teams as he or she deems advisable, with special focus on the needs for Education, Fair Housing and Equal Opportunity. The President and President-Elect of the Association shall be ex-officio members of all committees except the Nominating Committee. In the event a committee/task force/project team member misses two (2) consecutive meetings, he or she may be terminated from membership by the President at her/his discretion.

SECTION 3. Quorum. One-half of the members of a committee shall constitute a quorum at any committee meeting.

SECTION 4. Organization. All committees shall be of such size and shall have such duties, functions and powers as may be assigned to them by the President or the Board of Directors, except as otherwise provided for in these Bylaws. All actions of committees shall be subject to the approval of the Board of Directors.

SECTION 5. Committee Chairperson Appointment. The Chairperson of each committee shall serve for one (1) year after appointment by the President. He or she shall serve for one (1) year as Vice-Chairperson of the committee, but such service may be waived by the President. He or she shall be notified of and responsible for all ongoing projects. He or she shall report to the Board of Directors at its meetings on a regular basis, either in person or by written report, and shall appear personally at the request of the Board of Directors.

SECTION 6. Grievance and Professional Standards. Members of these committees shall be REALTORS® Members in good standing and serving three (3) year staggered terms (original membership shall be on one, two and three year appointments).

SECTION 1. The fiscal and elective year of the Association shall be the calendar year.

SECTION 1. Robert's Rules of Order, latest edition, shall be recognized as the authority governing the meetings of the Association, its Board of Directors and committees in all instances wherein its provisions do not conflict with these Bylaws.

SECTION 1. These Bylaws may be amended by a majority vote of the REALTORS® Members present and qualified to vote at any general membership meeting at which a quorum is present, provided the substance of such proposed amendment or amendments shall be plainly stated in the call for the meeting. Article IX may be amended only by a majority vote of all REALTORS® Members.

SECTION 2. Notice of all meetings at which such amendments are to be considered shall be given to every REALTORS® Member at least ten (10) days and no more than fifty (50) days preceding the meetings.

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

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

SECTION 1. Right of Indemnification. Each person who was or is made a party to or is threatened to be made a party to or is involved (including, without limitation, as a witness) in any actual or threatened action, suit, or proceeding, whether civil, criminal, administrative, or investigative, shall be indemnified and held harmless by the Association if that person is or was an Officer or a Director of the Association. Likewise, a person shall be indemnified if, being or having been such an Officer or a Director, he was serving at the request of the Association as an Officer, a Director, employee, or agent of another Association, or of a partnership, joint venture, trust, or other enterprise, including service with respect to employee benefit plans. The person shall be indemnified whether the basis of a proceeding is an alleged action in an official capacity as an Officer, a Director, employee, or agent, or in any other capacity while serving as an Officer, a Director, employee, or agent, or in any other capacity. The Association shall indemnify and hold harmless to the full extent permitted by applicable law as then in effect, against all expenses, liability and loss (including, without limitation, attorneys' fees, judgments, fines, ERISA, excise taxes, or penalties and amounts to be paid in settlement) actually or reasonably incurred or suffered by such person in connection therewith. Such indemnification shall continue as to a person who has ceased to be an Officer, a Director, employee, or agent, and shall inure to the benefit of that person's heirs, executors, and administrators. No indemnification shall be provided under this Article to any such person if the corporation is prohibited by the non-exclusive provisions of the Washington Business Corporation Act or other applicable law as is then in effect from paying such indemnification. The right to indemnification conferred in this Section shall be a contract right and shall include the right to be paid by the Association the expenses incurred in defending any such proceeding in advance of its final disposition; provided, however that the payment of such expenses in advance of the final disposition of a proceeding shall be made to or on behalf of an Officer or a Director only upon delivery to the Association of an undertaking, by or on behalf of such Officer or Director, to repay all amounts so advanced if it shall ultimately be determined that such Officer or Director is not entitled to be indemnified under this Article or otherwise, which undertaking may be unsecured and may be accepted without reference to financial ability to make repayment.

SECTION 2. Effect on Other Rights. The right to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred in this Article shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, provision of the Articles of Incorporation, Bylaws, agreement, or vote of shareholders or disinterested Directors, or otherwise.

SECTION 3. Insurance. At its expense, the Association may maintain insurance to protect itself and any Officer, Director, employee, or agent of the Association or of another Association, partnership, joint venture, trust, or other enterprise against any expense, liability or loss, whether or not the Association would have the power to indemnify such person against such expense, liability or loss under the Washington Business Corporation Act. The Association may enter into contracts with any Officer or Director of the Association in furtherance of the provisions of this Article and may create a trust fund, grant a security interest in, or use other means (including, without limitation, a letter of credit) to ensure the payment of such amounts as may be necessary to effect indemnification as provided in this Article.

SECTION 4. Advance Payment. The Association may, by action of its Board of Directors, from time to time, provide indemnification and pay expenses in advance of the disposition of a proceeding, to employees and agents of the Association with the same scope and effect as the provisions of this Article with respect to the indemnification and advancement of expenses of Officers and Directors of the Association or pursuant to the rights granted pursuant to, or provided by, the Washington Business Corporation Act or otherwise.

These by-laws were last approved and revised March 2, 2007 by the membership of the Tacoma-Pierce County Association of REALTORS® and by the National Association of REALTORS®.