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With changes to the mandatory bylaw provisions and MLS rules and regulations going into effect this year, associations will need to certify both sets of governing documents by March 1. The National Association of REALTORS® has staff experts and resources to help. Here are some of the top questions we’ve received regarding bylaws and the mandatory provisions.
Q: We’ve made some changes to our bylaws. Do I have to submit them to NAR for review?
A: Those of you who have been association staff for a while might remember a time when local associations were required to submit bylaws and MLS rules and regulations to NAR for review annually. This was not a comprehensive review process for local bylaws; NAR would review only the mandatory provisions required by the national association to be included verbatim.
In 2018, NAR streamlined that process. Associations may now review their own bylaws for the mandatory provisions and self-certify that their bylaws are up to date. The process was also updated so that governing documents did not need to be certified annually. Recertification would be necessary only if and when NAR made changes to any mandatory bylaw provisions or MLS rules and regulations.
In 2025, because there are changes to both the mandatory bylaw provisions and MLS rules and regulations, your association will no doubt be examining your bylaws. As a reminder, both sets of governing documents must be certified by March 1. The certification form can be found on the Bylaws Certification Process, Information, and Resources page. Remember that your Errors and Omissions insurance coverage can be affected if your bylaws don’t contain the mandatory provisions, so it is important that your bylaws are up to date.
Q: What are the mandatory bylaw provisions? Are they the same as the model bylaws?
A: Mandatory bylaw provisions are the handful of bylaws that NAR requires each association to maintain. They can be found by clicking on the “View a Sample of the Certification Form” link on the webpage listed above. These are different from model bylaws, which are a set of standardized bylaws that associations can use and build from to create functional governing documents.
NAR stopped updating and publishing model bylaws in 2018. Instead, it created a series titled Good Sense Governance, which associations can use to implement sound governance practices and create solid governing documents based on the needs of each individual association. However, those who want to use the model bylaws as a guide may email narpolicyquestions@nar.realtor to access them.
Q: The categories of membership listed in the mandatory provisions are different from what we have in our bylaws. Is that OK?
A: This can be a fairly common occurrence, as some associations offer affiliate memberships to professionals in real estate–related fields, such as staging or landscaping, that include specific benefits and requirements. Associations can create and offer these kinds of memberships to individuals who don’t meet the qualifications of REALTOR® membership but who may otherwise benefit from affiliating with a REALTOR® association.
However, affiliate memberships are completely at the discretion of local associations and therefore not a mandated membership type found in the mandatory bylaw provisions.
