BYLAWS

PORTLAND METROPOLITAN ASSOCIATION OF REALTORS®

5331 SW Macadam Ave. #207, Portland OR 97239

(503) 228-6595 • fax (503) 228-4170

ARTICLE IX - STATE AND LOCAL MEMBERSHIPS

Section 1. The Association shall be a Member of the NATIONAL ASSOCIATION OF REALTORS® and the Oregon Association of REALTORS®. By reason of the Association's membership, each REALTOR® Member of the Member Association shall be entitled to membership in the NATIONAL ASSOCIATION OF REALTORS® and the Oregon Association of REALTORS® without further payment of dues. The Association shall continue as a Member of the State and National Associations, unless by majority vote of all its REALTOR® Members, decision is made to withdraw, in which case the State and National Associations shall be notified at least one month in advance of the date designated for the termination of such membership.

Section 2. The Association recognizes the exclusive property rights of the NATIONAL ASSOCIATION OF REALTORS® in the terms REALTOR® and REALTORS®. The Association shall discontinue use of the terms in any form in its name, upon ceasing to be a Member of the National Association, or upon a determination by the Board of Directors of the National Association that it has violated the conditions imposed upon the terms.

Section 3. The Association adopts the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® and agrees to enforce the Code among its REALTOR®. The Association and all of its Members agree to abide by the Constitution, Bylaws, Rules and Regulations, and policies of the National Association and the Oregon Association of REALTORS®.

ARTICLE X - DUES AND ASSESSMENTS

Section 1. REALTOR® Members. The annual dues for a REALTOR® Member shall be in such amount as established annually by the Board of Directors. The annual dues for a REALTOR® Member who is a principal of a firm, partnership, or corporation shall be in such amount as established annually by the Board of Directors times the number of real estate salespersons and licensed or certified appraisers employed by or affiliated as independent contractors, or indirectly licensed with such REALTOR® who are not REALTOR® Members of any Board in the state or a state contiguous thereto or Institute Affiliate Members of the Board. In calculating the dues payable to the Board by a Designated REALTOR® Member, non-member licensees shall not be included in the computation of dues if the Designated REALTOR® has paid dues based on said non-member licensees in another Board in the state or a state contiguous thereto, provided the Designated REALTOR® notifies the Board in writing of the identity of the Board to which dues have been remitted.

In the case of a Designated REALTOR® Member in a firm, partnership, or corporation whose business activity is substantially all commercial, any assessments for non-member licensees shall be limited to licensees affiliated with the Designated REALTOR® (as defined in (1) and (2) of this paragraph) in the office where the Designated REALTOR® holds membership, and any other offices of the firm located within the jurisdiction of this board.
(a) For the purpose of this Section, a REALTOR® Member of a Member Board shall be held to be any Member who has a place or places of business within the state or a state contiguous thereto and who, as a principal, partner, corporate officer, or branch office manager of a real estate firm, partnership, or corporation, is actively engaged in the real estate profession as defined in Article III, Section l, of the Constitution of the NATIONAL ASSOCIATION OF REALTORS®. An individual shall be deemed to be licensed with a REALTOR® if the license of the individual is held by the REALTOR®, or by any broker who is licensed with the REALTOR®, or by any entity in which the REALTOR® has a direct or indirect ownership interest and which is engaged in other aspects of the real estate business (except as provided for in Section 1 (a) hereof) provided that such licensee is not otherwise included in the computation of dues payable by the principal, partner, corporate officer, or branch office manager of the entity.
A REALTOR® with a direct or indirect ownership interest in an entity engaged exclusively in soliciting and/or referring clients and customers to the REALTOR® for consideration on a substantially exclusive basis shall annually file with the association on a form approved by the association a list of the licensees affiliated with that entity and shall certify that all of the licensees affiliated with the entity are solely engaged in referring clients and customers and are not engaged in listing, selling, leasing, managing, counseling or appraising real property. The individuals disclosed on such form shall not be deemed to be licensed with the REALTOR® filing the form for purposes of this Section and shall not be included in calculating the annual dues of the Designated REALTOR®.

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

Section 2. Affiliate and Affiliate Associate Members. The annual dues for Affiliate and Affiliate Associate Members shall be in such amount as established annually by the Board of Directors.

Section 3. Institute Affiliate Members. The annual dues for an Institute Affiliate Member shall be as established in Article II of the National Association's Bylaws.

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 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 the 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.

Section 4. Honorary Members. An Honorary Member shall not pay dues.

Section 5. Annual dues will be billed prior to or in the month of December for the ensuing calendar year, and shall be due and payable on January 1 of that year. Any Member who has not paid renewal dues by February 1 shall be suspended from membership.

One who has been suspended for non-payment of dues shall be reinstated by submitting the applicable late fees and/or reinstatement fees and the current year's dues. However, a reinstatement fee will not be assessed if the individual has had a license on inactive status with the state governing agency for a period of at least six months immediately prior to application.

In the event a sales licensee or licensed or certified appraiser who holds REALTOR® membership is suspended for nonpayment of Board dues, and the individual remains with the Designated REALTOR®'s firm, the dues obligation of the Designated REALTOR® (as set forth in Article X, Section 1) 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 fifteen (15) days of the notice of suspension.

Section 6. Application Fee. The Board of Directors may adopt an application fee for REALTOR® Membership in reasonable amount, not exceeding the amount of the annual dues for REALTOR® Membership, which shall be required to accompany each application for REALTOR® Membership, except where exempted by Policy, and which shall become the property of the Board upon final approval of the application.

Section 7. Nonpayment of Financial Obligations. If dues, fees, fines, or other assessments including amounts owed to the Board are not paid within fifteen (15) days after the due date, the nonpaying Member is subject to suspension. One (1) month after the due date, membership of the nonpaying Member shall be subject to termination. However, no action shall be taken to terminate a Member for nonpayment of disputed amounts until the accuracy of the amount owed has been confirmed by the Board President or Chief Executive Officer. A former Member who has had 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 Board or any of its services, departments, divisions or subsidiaries may apply for reinstatement in a manner prescribed for new applicants for membership, after making payment in full of all accounts due as of the date of termination.

Section 8. Late Fees and Reinstatement Fees. The Board of Directors may adopt a membership dues late fee policy and a reinstatement fee policy, which would be exclusive of any local, state or national fees.

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