Special Report from the November 15, 2021 Board of Directors Meeting

Directors, Delegate Body Approve Transformative Actions

The National Association of REALTORS® Board of Directors and the NAR Delegate Body met in back-to-back meetings on Monday, Nov. 15, capping off the REALTORS® Conference and Expo. The meetings took place in San Diego Nov. 12-15 and included a virtual component.

National Governance

The two groups approved nine sweeping changes to NAR governance policy, including new qualifications for NAR volunteer leaders and a newly constituted Board of Directors and Executive Committee. Those recommendations that required a change to the Constitution & Bylaws then came before the NAR Delegate Body.

The recommendations were the work of a multi-year presidential advisory group, appointed in 2018 and charged with creating a more efficient and transparent governance operation for the 1.5 million member organization.

Read more.

MLS Policy

Directors approved six recommendations of the Multiple Listing Issues and Policies Committee designed to create transparency for consumers and bring consistency in services for brokers nationwide. These policies take effect Jan. 1, though MLSs could implement them earlier if they choose.

Read more about MLS policy at nar.realtor/mls, and also see NAR's MLS Best Practices. New voluntary practices for MLSs, which didn't require approval by the Board of Directors, will be added, focusing on rule enforcement, data, and governance.

NAR President Charlie Oppler at the Board of Directors Meeting
2021 NAR President Charlie Oppler presides over the Board of Directors meeting.

Directors also took the following actions:

REALTORS® Relief Foundation Fund Raising

Approved a budget adjustment request from NAR Treasurer Nancy Lane that NAR provide a second year of fundraising support for the REALTORS® Relief Foundation. Directors funded a successful fundraising campaign in 2021 that met it's $8.5 million goal for the year. Since inception, NAR has provided all administrative support for RRF, reflecting NAR's commitment to the importance of the charitable work carried out by the Foundation. RRF has helped more than 17,000 families in need at the time of a disaster.

Defining Employer-Employee Relationship

Voted to support a clear joint-employer standard that clearly defines the employer-employee relationship, provides predictability in business relationships, and does not result in one business entity bearing employment liability for another business entity's employees unless it exerts substantial direct and immediate control over those employees. The Business Issues Policy Committee recommended this policy in response to legislation called the "Protecting the Right to Organize (PRO) Act," which was introduced primarily to provide gig workers with greater rights and protections. The legislation has a few provisions that NAR is monitoring closely, including an expansion of the current joint-employer standard that could impact real estate brokerage franchisors.

NAR Campaign Rules

Amended the Campaign and Election Rules Manual to include a process for evaluating Eligible Candidates and Elected Officers who no longer meet the required criteria set forth in the manual.

Amended the Campaign and Election Rules Manual to require the President-Elect's appointees for Vice President of Association Affairs and Vice President of Advocacy to (1) complete an application for NAR Elected Office; (2) meet the required criteria set forth in Section C.1 of the manual; and (3) submit to the same audit and review process as potential candidates for NAR elected office and require the Candidate Audit Work Group to report the results of its review to the President-Elect by March 15. There will be no public announcement of these appointments until this process has been completed.

Federal Finance and Housing Policy

Approved a motion supporting suspension of the Federal Housing Administration (FHA) anti-flip rule until Dec 31, 2025. Suspending the rule will increase the pool of homes available to FHA borrowers and improve their chances to become homeowners. The board acknowledged concerns regarding protecting the FHA borrower and the finances of FHA as it relates to properties being resold within 90 days. The suspension end date of Dec. 31, 2025, aligns with the belief that the market will have a chance to normalize within the proposed timeframe and the pool of available homes will increase.

Federal Taxation

Reinforced NAR support for existing law that allows the use of all self-directed retirement vehicles, including but not limited to those that invest in real property. Proposed tax law changes would represent an unjustified overreaction to perceived abuses, the directors said with their vote; it would financially harm investors who have relied on present law and would harm the real estate sector by removing a significant avenue for investment in real property.

Approved a motion that NAR oppose tax-law enforcement policies that would require banks and other financial institutions to provide certain account-holder information to the Internal Revenue Service. Congress and the Biden administration are reportedly considering such a requirement on financial institutions. Directors said such a requirement, in pursuit of high-income and high-wealth individuals who are suspected of not reporting all their taxable income, is an overreach that would saddle individuals with extra tax-compliance costs, loss of time in responding to fruitless requests, and the risk of loss of privacy and theft of confidential information.

Legal Action

Approved six Legal Action Committee motions, including that NAR purchase a Patent Infringement Liability Policy for NAR, REALTOR® association-owned MLSs, and state and local associations and that NAR provide funding in:

  • An Iowa case to oppose a plaintiff seeking to expand a listing broker's responsibilities as "possessor" of a listed property.
  • A Missouri case supporting real estate professionals facing accusations that they violated copyright on architectural home design and related technical drawings owned by the plaintiff. Should the plaintiff prevail, real estate professionals nationwide could be threatened with copyright infringement claims over the creation of floorplans in connection with property listings.
  • New Jersey REALTORS®' support of a real estate brokerage's appeal in a suit in which the plaintiff is claiming salespeople are misclassified as independent contractors. The issue of independent contractor status in the real estate industry is of national concern, and the board agreed with the Legal Action Committee that the case is important to support in order to preserve the ability of real estate professionals to continue to be classified as independent contractors.

Local Bylaws

Amended the Mandatory Bylaw Provisions for Local Associations to define "good standing" as it relates to REALTOR® association membership, concisely express the privileges and obligations of REALTOR® members, and assist associations by more clearly defining the behaviors that can lead to disciplinary action of a REALTOR® member.

Amended the Code of Ethics and Arbitration Manual to provide guidance for virtual ethics and arbitration hearings.

Professional Standards

Amended Standard of Practice 12-1 to clearly prohibit members from advertising their services as "free" unless the members will receive no compensation from any source for the services.

To amend NAR's Local and State Association Ombudsman Services Policy to authorize ombudsmen and ethics mediators to hear disputes involving the public trust.


Read REALTOR® Magazine's coverage of the 2021 REALTORS® Conference & Expo at magazine.realtor/live

See video recaps and more at NAR Conference LIVE

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