Here are the key steps in how association policy is made according to the flowchart:
1. A problem or issue requiring association action is identified
2. The matter is referred to the appropriate leadership body
3. The appropriate leadership body passes a motion to act
4. The motion is sent to the Executive Committee
5. The Executive Committee advises the Directors of its recommendation
6. The motion is presented to the Board of Directors for consideration
7. The Directors may pass, modify, or defeat the motion
8. If passed, and the motion contains a policy position, a new policy statement is issued
So in summary - issues are identified, referred to leadership, motions are made and voted on up through
1. Legal Update
FREC Chairperson Darla Furst
Florida Realtors/Florida Bar Residential Contract
Subcommittee Chairman Gary Nagel
Florida Realtors Legal Counsels Margy Grant and
Marcia Tabak
2. FREC Chairperson Darla Furst, Florida Realtors/Florida Bar Residential Contract
Subcommittee Chairman Gary Nagle and Florida Realtors Legal Counsel Margy Grant
and Marcia Tabak spoke largely about escrow accounts and how they are the “red
flag” to an audit. How many Brokers’ misuse this account and relayed a story about a
Tampa Broker, when using funds from the trust account for personal or other use, told
prosecutors that “all brokers” do it.
When using a title company or attorney’s escrow account, the Broker needs to make a
written request to the title company or attorney within three days to confirm that
escrow was deposited, and then has 10 days to update the seller of escrow deposit.
They then spoke about Listing Agreements and how they have to have a definite
expiration date (no notes added to the agreement that specify the listing will go
month to month unless the Seller notifies broker). The agreement needs to have an
accurate description of the property; a real price (not a “fill in” later on after the
broker “decides what to sell it for”) and state all fee and/or commissions. A copy of
the listing MUST be returned to the seller within 24 hours.
3. Any kind of transaction fee, service fee, administration fee is illegal, don’t charge them. Period. If you
are adamant about charging one, make sure you speak to an attorney first to get them to back you in
the event of a lawsuit. www.ca11.uscourts.gov/opinions/ops/200615308.pdfl (A case where customer
sued real estate company for RESPA violation.
On that same note, the Consumer Financial Protection Bureau is looking into changing the HUD-1:
On Tuesday December 13, 2011, the Consumer Financial Protection Bureau (CFPB)
debuted two updated versions of a draft replacement for the HUD-1 Settlement
Statement. The two forms are five pages long. Each has a cover sheet that matches up
closely with the proposed GFE/TIL forms the CFPB has been testing throughout the
summer and fall. The next sheets look more like a conventional HUD-1 with minor
variations. Of more interest is the latter sheets that continue to imply an intention to
continue the policies of the 2009-10 RESPA reform.
The new forms also continue to raise many questions about what will be contained in
the underlying regulations governing them. CFPB promises to have its draft rule done
on time, by July 2012. The industry must be actively engaged in this process
throughout in order to ensure that the outcome is not harmful to consumers and the
housing industry that serves them. Even though CFPB's online comment periods have
been limited to seven days, the CFPB has expressly stated they will take written
comment. (see the Realtor.org website for more info)
The panel also updated us on a lawsuit regarding a Buyer who bought a house, and two years later
found material defects (no permits and bad workmanship on a remodel). The new owners sued the
original owners saying they knew of the defects and did not disclose them. Initially, the new owners
won the lawsuit, but in appeal, the Court decided that the original owners were not responsible because
they did not personally know about the defects.
Lastly, we were reminded as Brokers that we should periodically check status’ of all licensee’s on the
DBPR website, checking the expiration dates of not only our agents, but also for your company.
5. Last year was the first year they moved from being a counsel to a
committee:
• $1,500 budget 90 minute class/lecture time in August
They discussed the frustration they have because neither NAR nor
Florida Realtors do not provide any classes for Property Managers.
They voted on having Cynthia DeLuca do a 90 minute class because
she incorporates Florida law into her lecture.
They also voted on having dialog with NARPM, an organization that is
not affiliated with NAR, only out of frustration of not having any other
resources. Cooperating with NARPM is not the ideal, but better than
nothing:
This lead to them tasking themselves with possibly developing
their own organization.
At the next meeting they will bring information regarding
other organizations and suggestions with proposals on how these
organizations can help them organize.
Last action from Old Business is that apparently some MLS
boards do not meet the need for rentals, and they developed
a task force to work on these MLS issues.
6. Property Management Committee – New Business
Topics for New Business:
1. Develop a Property Management Software platform that is not
too expensive; easy to use and Florida Realtors approved
2. Do a Property Management outreach
1. How many Realtors do PM?
2. NARDS profile should have PM profile
3. Create survey to determine who and what type of
properties they are managing
Lastly: The two core values the committee would like to be known to
have is Education and Policy Legislation, and for residential-only
Realtors to know that they are Realtors, too.
7. HOW TO SERVE AND EXCEL AT FLORIDA REALTORS AND NAR
Past NAR President Cathy Whatley, Moderator
Panelists: Moe Veissi, 2012 NAR President Cynthia Shelton, 2012 NAR Region 5 VP
Patti Ketcham, 2012 VC Education Carlos Cruz, Industry Data Analysis Board
8. HOW TO SERVE AND EXCEL AT FLORIDA REALTORS AND NAR
Committee involvement is about making contributions and
take action that will benefit members and clients!
Cathy Whatley: How do you start?
(Patti) Visit committees, but watch where you sit! It‟s not about you. Florida
Realtors looks for geographic members in meetings. You may not be chosen
because there are too many other members from your area
(Carlos) Start at the local level – find a mentor – find what interests you –
explore different committees
Cathy: What lessons have you learned?
(Patti) As Chair, take “heel diggers” aside and seek them out outside the
meeting and hear them out. Sometimes they just want to be heard.
(Carlos) Speak out, get your thoughts on the table
9. Cathy: Best thing you did?
(Patti) I reached out to committee members for help. How long has it been
that you asked someone to help you? Are you asking the Chairman, “How can
I help you?”
(Carlos) People who are put in leadership roles are really good at it – so follow
them and take notes!
Cathy: What are some qualities needed to actively contribute?
(Patti) Have an engaging personality and getting people involved
(Carlos) Have the ability to see the big picture – and do what‟s best for the
Association
Cathy: Was there a time you were not chosen for a spot and how did you feel?
(Carlos) Originally, rejected – but it‟s not about me
(Patti) As you grow you find out to trust the wisdom of the decision-makers.
10. Introduced Moe and Cynthia:
(Cynthia) Find your niche and work and mentor to find yourself
(Moe) If you really want to be good at being a Realtor, staying involved will
help you stay connected, educated and current. People begin to respect you
and you learn to touch people. Without that, it‟s hard to serve your customers.
Cathy: How do you sign up with NAR?
(Cynthia) The easy way, the NAR website: attend prior meetings, including
state and local first – get to know the Vice Chair, Chair and staff member –
approach them, email, follow up and physically apply at website. Make sure
you keep your profile on NRDS updated – they research that for members who
apply. Opens in March, closes before May, apply to serve! NAR directors have
first dibbs.
(Moe) Remember, we look for fair representations – not from president‟s
state, not our friends, only those who really want to serve. Also, while
lobbying, lobby the staff, they have lots of say regarding who could serve best
in what area!
11. (Moe con‟t) Remember, 16,000 people go for 2,800 positions. If you really
want it, you have to go for it. If you get the opportunity, then you better make
sure you produce!
Cathy: You have to step out. It can take one year before you get appointed, then
you have to perform. Even the Executive Committee does not get the
appointments that they go for or want. You‟re not the only “it” in town.
What can the grassroots do today to excel at NAR?
(Moe) The way NAR is structured, the local level is still the strength of the
Association. If you can‟t recognize how valuable you are as a cog in the wheel,
you need to. RPAC investment, Call to Action, things like that are more
important than you think – but when you touch 3 or 4 others to get involved,
you are excelling. Get involved and everyone will be better for it.
Cathy: When decisions are made when your not involved, it‟s harder to accept
when the change comes.
Moe: Realize the amount of power you have as a Realtor. Your role is to be an
“action driver”. Remember the P P P P P:
Prior Planning Prevents Poor Performance
13. Local Board/Association Treasures Information Exchange
Andrew Barbar, Chair – Florida Realtors Treasurer
Andrew introduced the candidate for 2014 Treasurer, Mike mcGrew
Mike reminded us that our main asset is our MEMBERS – and we shouldn‟t forget it
Florida Realtors has a new relationship with TD Bank:
When Wachovia changed to Wells Fargo, they weren‟t happy with customer
service, fees, etc., so they went „bank hunting‟ and found that TD Bank:
Want to passionately partner with Florida Realtors and local associations
Had the lowest fee structure than other banks investigated
They view Realtor‟s as important „partners‟
The have a program called “Infinity Program” providing benefits like
mortgage discounts to Realtor‟s customers
Andrew told story of how a New Jersey association got a CE program passed that allowed TD Bank
to give a First Time Home Buyer class specifically for Realtors who brought their potential buyer to
the class.
Association investment program with NAR –
Fees are very low
High “overseeing” program
You get to say how you want to invest (put my name on a list for more information)
14. Some wise advice from other Association Treasurers:
Use NAR credit card processing – and save on processing fees
When using payment plans, be careful with what incentives you give
One Association earns $45,000 per year renting to a church on Sundays
When investing, be careful where you put your money, because you can never always
project where you are going….
Do you have an investment policy? Should you?
Suggestions on projecting membership:
Next time you have a budget meeting, chart the last 8 – 10 years and trach where your
membership was and your volume sales dollar amount. Usually you can see a trend
and there is a 1 – 2 year lag in projections. As we increase in sales, membership will
follow in the next 1 – 2 years.
Also – contact local Real Estate schools and see what their attendance is – could be a
good barometer to use for the future
And lastly, on the DBPR website, look at the number of licenses in the metro areas;
when you see an increase, membership usually follows.
15. Public Policy Commi
Chairman, Bob Hudgens
Vice-Chair, Kathleen Gallagher McIver
Executive Committee Liaison, John Sebree
25. http://blog.narrpr.com/intro-to-rpr/
The above address will take you to the site and explain what they do.
NAR has praised this service (Moe mentioned it at the Board Meeting)
and Florida Realtors also sees the advantages to it.
Kristen Carr is the Marketing Director and would love to come and
give us a demonstration:
• No public access
• No charge to Realtors
• Parcel-centric database
• Personalized branded reports
• Pricing and Research Tools
It is NOT a MLS or TAX TOOL
Data includes deed recordings, mortgages, data goes back 10 years
Tracks school zones
“heat” map technology
26. Recently a large REALTOR® association asked us to put together a list of
services and products their members could obtain elsewhere, for a fee, which
they can get in the Realtors Property Resource (RPR). This was a fun
activity! RPR is so feature rich, it includes tons of layers of data and has an
amazing toolset. While the system is super easy to use it can seem
overwhelming in a quick presentation. I wanted to share the list with you so
you get a good idea of what RPR offers REALTORS® - all through their
membership with the National Association of REALTORS®.
Affiliate company placement
Brokerage branding
Broker Data Tool
Broker Chart Service
CMA
Demographics
FEMA Flood Maps
Foreclosure/Distressed info
Historical listing comparisons
Home remodeling value calculator
Integrated MLS listings and public records
Investment Analysis Tool
27. Library of Reports
Listing Presentation Tool
Map Search
Market Activity & Trending Heatmaps
Market Analytics
Market Research
MLS listing & historical record search
Mobile site
Mortgage
Neighborhood analytics
Points of Interest Mapping
Property enhancement/modification data analysis tool
Property Search
Public Record Data
Realtor Valuation Model (RVM)
Sales Meeting content
School Zoning
School Ratings
28. Orientation for New Florida
Realtors Directors
President Summer Green & CEO
John Fridlington
29. To give us a sense of what it‟s like to be a Director:
• There are 116,000 members
• Florida Realtors is the most effective trade association
• It‟s a culture that takes pride in being open
The Management Team = A staff that‟s dedicated to customer service
Strategic Plan – New Pamphlet
Recognize that you are a MEMBER OF 3:
Local - State - National
Priority for 2012: REALTOR ADVOCACY
o Hired 2 more “Jack‟s”
Always remember who you represent when attending local and NAR meetings
Do your homework before the meeting
i.e. If you have an issue, remember there are 13 districts!
Florida Realtors is about legislative affairs! You have to sign up for committees!
We have a $16 million dollar budget – There are benefits in serving!
30. How Association Policy is Made:
Matter Appropriate
Problem or issue
identified referred to leadership
requiring appropriate body passes
Association leadership motion to
action body act
Executive
Executive
Committee
Committee Motion
concurs,
advises Directors recommends sent to
of its
recommendation
alternative or
recommends
Executive
defeat Committee
Motion is Directors If passed motion
presented to may contains policy
position, new
Board of pass, modify policy statement
Directors for or defeat is issued.
consideration motion