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Considering taking a fresh look at your bylaws? Or maybe you’re looking to expand your products and services for commercial members? Here are the answers you’re looking for.
Q: Our association is looking to review and clean up our bylaws. Is there a specific way to go about this?
A: Periodically examining and updating your bylaws is a good practice to follow. First, it’s important to note that much of what goes into your bylaws is at the discretion of your association. The National Association of REALTORS® has a handful of provisions that are required to be in the bylaws of every REALTOR® association, and those can be found here: nar.realtor/bylaws-certification. Click the link that says, “View a Sample of the Certification Form.” Searching for “mandatory bylaw provisions” at nar.realtor will also bring you to this page.
Remember, the mandatory provisions are the only portions of your bylaws that NAR requires. Your association will likely want to include more than just those in your bylaws. Always consult your legal counsel when any revisions to bylaws are planned.
NAR also has resources to help with crafting sound policy. One is our Good Sense Governance series, which is updated regularly with new guidance and best practices. This series replaced NAR’s model bylaws, though associations in need of a starting point can request them via email. However, use caution when utilizing the model bylaws for any revisions, as they are no longer updated. For example, the model bylaws still list the Code of Ethics training cycle as every two years rather than three. Some portions may also be redundant to the mandatory provisions. Still, the basic structure of the model bylaws can be helpful as a guideline, so associations don’t have to start from scratch. Use them in that manner rather than cutting and pasting verbatim.
Of course, always ensure that your bylaws are being updated according to the rules of your association. A board of directors or membership vote may be required to make bylaw changes. Some associations may have a set of rules and regulations, separate from bylaws, that deal with more specifics of association management. Those tend to contain rules that can be changed more readily out of necessity. For example, your association’s bylaws may establish that there shall be regular board of directors or membership meetings, while your rules and regulations would establish specifics such as monthly or quarterly meetings. Again, your legal counsel can help you determine what belongs in bylaws, and NAR is always available to address inquiries at narpolicyquestions@nar.realtor.
Q: Our association is looking to expand our products and services for commercial practitioners, but we aren’t sure where to start. Can you help?
A: NAR has resources for associations looking to expand their reach into the commercial world. Start with NAR’s guide to forming a commercial structure within your association.
We offer commercial grants to help fund new programs, as well as the Commercial Services Accreditation, which serves as an award program for associations that go above and beyond for commercial practitioners. The accreditation process is a road map to finding new and creative ways to serve the multitude of REALTORS® who practice commercial real estate. To connect with NAR’s commercial engagement staff, contact us at commercial@nar.realtor.
