Q: We’ve gotten several inquiries from people in real estate–related fields (stagers, landscapers, etc.) who want to attend our networking events and receive certain benefits from our association. Can we create a membership category for them?
You certainly can—and you may already have one that could work. Many associations have a membership category called “affiliate membership” enumerated in their bylaws. Years ago, the National Association of REALTORS®’ model bylaws for local associations contained this language:
(c) 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) or (b) of this section, have interests requiring information concerning real estate and are in sympathy with the objectives of the association.
Because of this provision in the now-retired model bylaws, many associations may already have a category of “affiliate membership” in their own bylaws (not to be confused with “Institute Affiliate” membership, which is granted to members of NAR-affiliated institutes, societies and councils.) Affiliate membership allows for individuals or businesses in fields related to real estate—but not engaged in the real estate profession (defined by NAR as “buying, selling, exchanging, renting or leasing, managing, appraising for others for compensation, counseling, building, developing or subdividing real estate”)—to hold a class of membership within an association. Because this is strictly a local category of membership not recognized by the state associations or NAR, the benefits and eligibility are largely up to each local association.
One thing to note is that those who qualify for REALTOR® membership by virtue of engaging in real estate brokerage cannot qualify for affiliate membership. However, some associations may allow those who qualify for REALTOR® membership, but are engaged in a specialty other than brokerage, to qualify instead for an affiliate membership. Here is optional language, again taken from the old model bylaws:
Affiliate membership shall also be granted to individuals licensed or certified to engage in real estate practice who, if otherwise eligible, do not elect to hold REALTOR® membership in the association, provided the applicant is engaged exclusively in a specialty of the real estate business other than brokerage of real property.
Having this language (or something similar) in your bylaws would allow professionals like appraisers to have a choice between membership types depending on their specific needs, provided it is not in conflict with your state association’s bylaws.
If your association does not have an affiliate membership category and wants to create one, the best course of action would be to work with your legal counsel to draft bylaw language and then bring it to a vote at an upcoming board of directors or membership meeting, depending on the process for amendments outlined in your bylaws.
Additionally, if you already have a category for affiliate membership but would like to create a new membership category for individuals who do not qualify for REALTOR® membership, you can do so, again if there is no conflict with the policies of the state or national association.
