(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 that:
(1) applicant agrees as a condition of membership to thoroughly familiarize himself/herself with the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, the Constitutions, Bylaws, and Rules and Regulations of the Local, the State and National Associations, and if elected a Member, will abide by the Constitutions and Bylaws and Rules and Regulations of the Local, State and National Associations, and if a REALTOR® or Secondary Member, will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® including the duty to mediate and the obligation to arbitrate controversies arising out of real estate transactions as specified by 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) applicant consents that the Association, may invite and receive information and comment about applicant from any Member or other persons, and that applicant agrees that any information and comment furnished to the Association by any person in response to the invitation shall be conclusively deemed to be privileged and not form the basis of any action for slander, libel, or defamation of character. The applicant shall, with the form of application, have access to a copy of the Bylaws, Constitution, Rules and Regulations, and Code of Ethics referred to above.
SECTION 2. Qualification.
(a) An applicant for REALTOR® Membership who is a principal, partner, branch office manager or corporate officer of a real estate firm shall supply evidence satisfactory to the Association that he/she is actively engaged in the real estate profession, and maintains a current valid real estate broker’s or salespersons license or is licensed or certified by an appropriate state, or contiguous state, regulatory agency to engage in the appraisal of real property, has a place of business within Arizona, 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/Board, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® and shall agree that if elected to membership, will abide by such Constitution, Bylaws, Rules and Regulations, and the Code of Ethics.
NOTE 1: 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, or corporate officer 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, provided the Association is aware of the 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.
criminal convictions if (1) the crime was punishable by death or imprisonment in excess of one year under the law under which the applicant was convicted, and (2) no more than ten years have elapsed since the date of the conviction or the release of the applicant from the confinement imposed for that conviction, whichever is the later date.
Article IV, Section 2 of the NAR Bylaws prohibits member Associations from knowingly granting REALTOR® membership to any applicant who has an unfilled sanction pending which was imposed by another 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, branch office managers or corporate officers, in order to qualify for REALTOR® Membership, shall at the time of application, be associated either as an employee or as an independent contractor with a Designated REALTOR® Member of PAR and maintains a current valid real estate broker’s or salespersons license or is licensed or certified by an appropriate state regulatory agency, or state contiguous thereto, to engage in the appraisal of real property, has no record of official sanction involving unprofessional conduct, agrees to complete a course of instruction covering the Bylaws and Rules and Regulations of the Association/Board, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® and shall agree that if elected to membership, will abide by such Constitution, Bylaws, Rules and Regulations, and the Code of Ethics.
(c) The Association will also consider the following in determining an applicant’s qualification for REALTOR® membership:
All final findings of Code of Ethics violations and violations of other membership duties in this or any other REALTOR® Association within the past three (3) years.
Pending ethics complaints (or hearings).
Unsatisfied discipline pending.
Pending arbitration requests (or hearings).
Unpaid arbitration awards or unpaid financial obligations to any other Association or Association MLS.
Any misuse of the term REALTOR® or REALTORS® in the name of the applicant’s firm name, email address or web address.
“Provisional” membership may be granted in instances where ethics complaints or arbitration requests (or hearings) are pending in other Associations or where the applicant for membership has unsatisfied discipline pending in another Association (except for violations of the Code of Ethics; see Article V, Section 2(a) NOTE 3 provided all other qualifications for membership have been satisfied. Associations may reconsider the membership status of such individuals when all pending ethics and arbitration matters (and related discipline) have been resolved or if such matters are not resolved within six months from the date that provisional membership is approved. Provisional members shall be considered REALTORS® and shall be subject to all of the same privileges and obligations of REALTOR® membership. If a member resigns from another Association with an ethics complaint or arbitration request pending, the Association shall condition membership on the applicant’s certification that he/she will submit to the pending ethics or arbitration proceeding in accordance with the established procedures of the Association to which the applicant has made application and will abide by the decision of the Professional Standards Hearing Panel.
SECTION 3. Election. The procedure for election to REALTOR® , Designated REALTOR® and, Affiliate membership shall be as follows:
(a) It shall be determined whether the applicant is applying for the appropriate class of membership.
(b) All membership applications shall be automatically approved through an administrative process after review by the Chief Executive Officer (or duly authorized designee). In the event an application is rejected, the Chief Executive Officer shall present the application along with the rational for the rejection to the Board of Directors for its review and action.
(c) Effective January 1, 2005 all REALTOR® members shall be granted provisional membership immediately upon submission of a completed application form and remittance of applicable association dues and any application fee. Provisional members shall be considered REALTOR® members and shall be subject to the same privileges and obligations of membership. Provisional membership is granted subject to each applicant completing new member orientation and satisfying the NATIONAL ASSOCIATION OF REALTORS® Code of Ethics quadrennial requirement, or proof of compliance, within sixty (60) days of application. If the individual does not satisfy all of the requirements of membership within sixty (60) days of application, membership may, at the discretion of the Board of Directors, be terminated. Dues shall be computed from the date of application and shall be non-refundable unless the association’s Board of Directors terminates the individual’s membership in accordance with subsection (a) above. In such instances, dues shall be returned to the individual less a prorated amount to cover the number of days that the individual received association services and any application fee.
(d) The Board of Directors may not reject an application without providing the applicant with advance notice and a full hearing observing all due process rules, and an opportunity to appear before the Board of Directors, to call witnesses on his/her behalf, to be represented by counsel, and to make such statements as he or she deems relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it or may electronically or mechanically record the proceedings.
(e) If the Board of Directors determines that the application should be rejected, it shall record its reasons with the Chief Executive Officer. If the Board of Directors believes that denial of membership to the applicant may become the basis of litigation and a claim of damage by the applicant, it may specify that denial of membership or termination membership shall become effective upon entry in a suit by the Association for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the rejection violates no rights of the applicant.
Note: Institute Affiliate members do not apply to PAR directly for membership but become members of PAR through application and payment of fees to their institute, society or council affiliated with the NATIONAL ASSOCIATION OF REALTORS®. The annual dues for each Institute Affiliate member shall be as established in Article II of the Bylaws of the NATIONAL ASSOCIATION OF REALTORS®. 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 that shall be determined during the budget process. The National Association shall credit an amount determined during the budget process to the account of a local association of each Institute Affiliate M ember 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 amount will be credit to the COB, unless the Institute Affiliate member directs that the dues be distributed to the other association. The National Association shall also credit the budgeted amount 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.
SECTION 4. New Member Code of Ethics Orientation.
Applicants for REALTOR® 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 REALTOR® membership who have completed comparable orientation in another Association, provided that REALTOR® membership has been continuous, or that any break in membership is for one year or less. Failure to satisfy this requirement within 180 days of the date of the application will result in termination of membership.
NOTE: All Code of Ethics classes must meet the learning objectives and minimum criteria established from time to time by the NATIONAL ASSOCIATION OF REALTORS®.
SECTION 5. Continuing Member Code of Ethics Training.
Effective January 1, 2017 through December 31, 2018, and for successive two year periods thereafter, each REALTOR® member of the Association shall be required to complete quadrennial ethics training of not less than two hours and thirty minutes of instructional time. This requirement will be satisfied upon presentation of documentation that the member has completed a course of instruction conducted by this or another Association, a 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. REALTOR® members who have completed their training as a requirement of membership in another Association and REALTOR® members who have completed the New Member Code of Ethics Orientation during any four year cycle shall not be required to complete additional ethics training until a new two year cycle commences.
Failure to meet the requirement by that time will result in automatic termination of membership. Failure to meet the requirement for subsequent two (2) year cycles will result in suspension of membership for the first two months (January and February) of the year following the end of any two(2)-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.
SECTION 6 Status Changes.
(a) A REALTOR® who changes the conditions under which he/she holds membership shall be required to provide written notification to PAR within thirty (30) days. A REALTOR® non-principal who becomes a principal in the firm with which he/she has been licensed or, alternatively, becomes a principal in a new firm which will be comprised of REALTOR® principals will be required to satisfy any previously unsatisfied membership requirements applicable to REALTOR® principal during the period of transition from one status of membership to another, be subject to all of the privileges and obligations of a REALTOR® principal. If the REALTOR® non-principal does not satisfy the requirements established in these Bylaws for the category of membership to which they have transferred within sixty (60) days of the date they advised the Association of their change in status, their new membership application will terminate automatically unless otherwise so directed by the Board of Directors.
(b) Any application fee related to a change in membership status shall be reduced by an amount equal to any application fee previously paid to PAR by the applicant if the applicant has maintained continuous membership with PAR.
Dues shall be prorated from the first day of the quarter in which the member is notified of election by the Board of Directors and shall be based on the new membership status for the remainder of the year.