Q: We are a small association, and many of our members belong to the same brokerage. Are we able to limit the number of agents who are REALTORS® from the same brokerage who can serve in leadership roles in our association?
A: Even if it seems like a good idea because of the circumstances, barring a member from a leadership position is a touchy issue. Let’s take a look at what the National Association of REALTORS®’ Official Interpretations of the Bylaws has to say about the issue:
INTERPRETATION NO. 35
(Adopted November 13, 1979)
(Revised May 19, 1997)
That it is an inequitable limitation on membership for a Board of REALTORS® to have a rule or regulation limiting members of a franchise organization, referral group, or broker affiliation of any kind, with respect to service on the Board of Directors or Committees in any elective or appointed capacity.
This interpretation reinforces a principle that is established in the Preamble of the REALTOR® Code of Ethics: that it is the duty and responsibility of all agents who are REALTORS® to “maintain and improve the standards of their calling and share with their fellow REALTORS® a common responsibility for its integrity and honor.” So, as a general rule, associations should avoid any undue restrictions on serving in elected positions.
With that said, Interpretation No. 35 goes on to explain certain exceptions to this interpretation:
Service in an elective or appointed capacity in a Board of REALTORS® is both a right and duty of membership. A Board may not restrict such service unless such restriction is necessary to maintain the integrity and independence of the Board and assure balanced service to all members.
Under this Interpretation, membership in a franchise, referral service, or other affiliated group of brokers may not, per se, justify exclusion from election or appointment.
This Interpretation does not, however, preclude a Board from reasonably limiting the number of REALTOR® or REALTOR-ASSOCIATE® Members of the same firm or firms having common ownership who may hold elective or appointive positions.
From this, we can glean that associations should not haphazardly or preemptively restrict someone from serving in a leadership position solely based on their affiliation with a certain franchise, firm or group. However, there can be reasonable limitations on the number of REALTORS® from the same firm who can hold elected or appointed leadership positions in the association, if it is deemed necessary to the integrity and independence of the association. You can lean on the advice of your local legal counsel if your association is contemplating having such a restriction.
Q: Can we have a rule requiring REALTORS® to be primary members of our association in order to hold elected or appointed positions in it?
A: No. Remember that the only difference between primary and secondary membership is that NAR dues are paid through a member’s primary association. One’s primary membership is not necessarily indicative of a preference of one association versus another, nor does it indicate that a member holds the interests of their primary association above any secondary associations. At the end of the day, regardless of primary or secondary status, a member is a member.
