RCA Bylaws

BYLAWS
    REALTOR® COMMERCIAL DIVISION
    High Point Regional Association of REALTORS®, Incorporated
        
    Amended:     July 9, 2003 (NAR Approved July 2003)    December 17, 2003    

ARTICLE I - NAME
Section 1.  Name.  The name of the organization shall be the REALTORS® Commercial Alliance of the High Point Regional Association of  REALTORS®, Inc., hereinafter call RCA.


ARTICLE II - PURPOSE
The objectives of the RCA shall be:

Section 1.  To unite those who are engaged in buying, selling, developing, renting, or leasing commercial and industrial real estate.

Section 2.  To encourage the exchanging of specialized information between the Members of RCA and to encourage Members in their pursuit of educational and professional education relating to commercial and industrial real estate.  To provide an organization for the collection of and dissemination of information which will prove helpful to its Members.

Section 3.  To advance the economic growth of this community by effectively exerting a beneficial influence upon matters affecting the developing of commercial and industrial real estate.

Section 4.  To protect and promote the property rights of owners of commercial and industrial real estate and to advance the economic growth of this community through this Division in cooperation with the High Point Regional Association of REALTORS®, Inc.


ARTICLE III - ORGANIZATION
Section 1.  This Division, whose membership shall be unlimited in number, shall at all times be a Division of the High Point Regional Association of REALTORS®, Inc.  None of the Division's Bylaws or Rules and Regulations shall be in conflict with the Bylaws, Rules and Regulations and Policies of the High Point Regional Association of REALTORS®, Incorporated, the North Carolina Association of REALTORS® or the National Association of REALTORS®.


ARTICLE IV - MEMBERSHIP AND VOTING
Section 1.  REALTOR® Membership.  Any REALTOR® Member of the High Point Regional Association of REALTORS®, Inc., shall be eligible to participate in the RCA and shall be entitled to all benefits of the Division upon submitting an application.  The application shall state that the applicant agrees to conform to the Bylaws and Rules and Regulations thereof, to uphold the resolutions of the RCA, to accept the decisions of its various Officers, Board of Directors and committees, and to pay the costs incidental thereto.

Section 2. 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 REALTOR® membership, subject to payment of applicable dues for such membership.

Section 3.  Affiliate Members.  Affiliate Members shall be those persons who while not REALTORS®, are engaged in the financing, leasing, or constructing commercial and industrial property(ies) or are affiliated with a governmental or quasi-governmental agency.   Affiliate Members shall submit an application to the Board of Directors and upon approval shall be eligible to participate in this Division.  Affiliate members are encouraged to abide by the principles established in the Code of Ethics on the NATIONAL ASSOCIATION OF REALTORS®, but are not subject to disciplinary authority of the High Point Regional Association of REALTORS®, Inc., with regard to conduct inconsistent with the Code of Ethics.

Section 4.  Honorary Members.  Honorary Members shall be individuals not engaged in the real estate profession but who have interest in the RCA.  Honorary Members shall only be allowed to attend meetings.

Section 5.  Voting.  Only REALTOR® Members may vote or hold office in this Division.

Section 6.  Resignation.  Resignations shall become effective when received in writing and approved by the Board of Directors.


ARTICLE V - ADMINISTRATION
Section 1.  Board of Directors.  The governing body of this Division shall be a Board of Directors comprised of the elected officers and directors.  There shall be a President, a President-Elect, a Secretary-Treasurer, and four Directors.  Officers shall be elected to one-year terms.  Initially two of the Directors shall be elected to two-year terms and two shall be elected to one-year terms; thereafter, the terms of the Directors shall be for two years.  To be eligible to serve as an officer, a Member must have served as a Director for at least one year prior to their installation.  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.

Section 2.  President.  The President shall appoint committees as necessary to carry on the work of the Division, subject to confirmation of the Board of Directors.  The President after obtaining approval from the Board of Directors shall have the authority to execute contracts and legal instruments in the name of the Division, subject to approval by the Board of Directors of the High Point Regional Association of REALTORS®, Inc.

Section 3.  The Secretary-Treasurer shall see keep the minutes of the meetings and shall have charge of and be responsible for all moneys and shall give an accounting of the financial condition of the RCA annually and at other times when required by the Board of Directors, and shall perform all the duties ordinarily incidental to the RCA unless those duties are delegated to other officers or employees by the Board of Directors; it being understood that the Board of Directors may delegate the powers and duties of any officer to another officer or employee.

Section 4.  Vacancies on the Board of Directors shall be filled by a simple majority vote of the Directors.

Section 5.  In the event the President, any elective officer, or any other Member of the Board of Directors is found guilty of a violation of the Code of Ethics of the NATIONAL ASSOCIATION of REALTORS® by the High Point Regional Association of REALTORS®, Inc., or in the event such elective officers are censored or reprimanded by the North Carolina Real Estate Commission, thereby bringing discredit to the office to which he or she was elected, such individual may be removed from the office by action of the Board of Directors after due notice being given.  In the event the Board of Directors by a majority vote determines that the individual should be removed from office, such action shall cause the immediate removal of the individual from their office.

Section 6.  During the month of June, the President with the approval of the Board of Directors shall appoint a Nominating Committee.  The Nominating Committee shall meet and select a list of candidates which shall be noticed to the RCA Members prior to August 15.  Additional names may be placed in nomination provided they are signed by twenty percent (20%) and noticed to the Members at least two weeks prior to the annual meeting.


ARTICLE VI - DUES
Section 1.  Members.  The annual dues of each REALTOR® and Affiliate RCA Member shall be in such amount as established annually by the Board of Directors.

Section 2.  Responsibility for Dues Payment.  Dues for all Members shall be payable annually in advance on the first day of January.  Dues shall be computed from the first day of the month in which the Member makes application and shall be prorated for the remainder of the year.

Section 3. Nonpayment of Financial Obligations.  If dues, fees, fines, or other assessments are not paid within one (1) month after the due date, the nonpaying Member is subject to suspension and possible fine at the discretion of the Board of Directors.  Two (2) months after the due date, Membership of the nonpaying Member may be terminated at the discretion of the Board of Directors.  Three (3) months after the due date, Membership of the nonpaying Member shall automatically terminate unless within that time the amount due is paid.  However, no action shall be taken to suspend or expel a Member for nonpayment of disputed amounts until the accuracy of the amount owed has been confirmed by the Board of Directors.  All dues, fees, fines, assessments, or other financial obligations shall be noticed to the delinquent Member in writing setting forth the amount owed and due date.

A former Member who has had his RCA 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 RCA may apply for reinstatement in the manner prescribed for new applicants to RCA Membership after making payment in full for all accounts due as of the date of termination.

Section 4.  New Members.  The Board of Directors may adopt an application fee for Membership which shall be required to process each application for REALTOR® and Affiliate Membership and which shall become the property of the RCA.

Section 5. Budget.  The moneys of RCA shall be expended in accordance with a budget approved by the Board of Directors subject to the approval by the Board of Directors of the High Point Regional Association of REALTORS®, Incorporated.


ARTICLE VII - MEETINGS
Section 1.  Annual Meetings.  The annual meeting of the RCA shall be held during September of each year; the date, place, and hour is to be designated by the Board of Directors.  The election of officers and directors shall take place at the annual meeting.  Election shall be by ballot and all votes shall be cast in person.  The ballot shall contain the names of all candidates and the offices for which they are nominated.  The president shall appoint two members along with the chief staff executive to count ballots.

Section 2.  Meetings of Directors.  The Board of Directors shall designate a regular time and place of meetings.  Absence from three consecutive regular meetings without an excuse deemed valid by the Board of Directors shall be construed as resignation.  At least fifty percent (50%) plus one of the directors must be present to conduct business.

Section 3.  Other Meetings.  Meetings of the Members may be held at other times as the President or the Board of Directors may determine or upon the written request of at least ten percent (10%) of the Members eligible to vote.

Section 4.  Notice of Meetings.  Written notice shall be given to every Member entitled to participate at least one (1) week preceding all meetings except regularly scheduled meetings.  If a special meeting is called, it shall be accompanied by a statement of the purpose of the meeting.Section 5.  Quorum.  A quorum for the transaction of business shall consist of twenty percent (20%) of the Members eligible to vote.

Section 6. Notice.  For the purposes of these Bylaws, "mailed" or "noticed" shall include: U. S. mail, electronic mail, publication in the Association's newsletter, or delivery to the RCA Member.


ARTICLE VIII - FISCAL AND ELECTIVE YEAR
Section 1.  The fiscal and elective year of the Division shall be the same as the calendar year.


ARTICLE IX - RULES OF ORDER
Section 1.  Robert's Rules of Order, latest edition, shall be recognized as the authority governing the meetings of the Division, its Board of Directors, and committees.


ARTICLE X - AMENDMENTS
Section 1.  These Bylaws may be amended by majority vote of the Members present and qualified to vote at any 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.  Such amendments shall be subject to approval by the Board of Directors of the High Point Regional Association of REALTORS®, Inc.

Section 2.  Notice of all meetings at which amendments are to be considered shall be noticed to every Member eligible to vote at least one (1) week prior to the meeting.