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Model Statement of Organization and Procedure

Model Statement of Organization and Procedure

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Published by REALTORS®
State associations looking to establish local Legal Action Programs and Legal Action Committees can use this model statement of organization and procedure for guidance.
State associations looking to establish local Legal Action Programs and Legal Action Committees can use this model statement of organization and procedure for guidance.

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Published by: REALTORS® on May 30, 2013
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07/18/2013

 
STATE ASSOCIATIONLEGAL ACTION COMMITTEESUGGESTEDSTATEMENT OF ORGANIZATION AND PROCEDUREI. NAMEA program of the ____________ (State) Association of Realtors
®
 
known as the LegalAction Program is hereby established.II. PURPOSEThe principal function of the Legal Action Program shall be to establish and administer theLegal Action Fund. The Legal Action Fund shall be administered so as to best achieve the purposes and goals of the Legal Action Program. These purposes and goals are:A. To provide financial resources and other assistance to parties, including but not limited to Member Boards and members in the State of ___________,engaged in litigation, actual or proposed, which may result in the determination of the relevant legal issues in a manner that may have important precedentialsignificance to private property owners, real estate licensees, real estateassociations, or the real estate industry generally in the State of _____________.Assistance may be provided only to cases that meet the Criteria for Case Supportset forth in Section VI.B. Promote among Member Boards in the State of ________________ anunderstanding of their rights and duties under federal, state and municipal law andto defray the expense of legal advice to that end.III. FUNDINGA. The Legal Action Fund shall be financed by funds derived from themembership from any or all of the following sources, at the discretion of the Boardof Directors:(1) Direct appropriation from the budget or reserves of the(State) Association of Realtors
®
, as authorized by its Board of Directors.(2) Annual or special dues assessments or allocations tosupport the Legal Action Fund, as may be authorized by the Bylaws of the(State) Association of Realtors
®
.(3) Revenues derived from other sources or activities in a manner and at such times as deemed necessary andappropriate by the Board of Directors.
 
IV. ADMINISTRATIONA. The Legal Action Fund shall be administered by the Legal ActionCommittee. The Committee staff shall account for all Fund monies, and shalldisburse such monies as recommended by the Legal Action Committee andapproved by the Board of Directors.B. The Legal Action Committee shall consist of ___ members appointed bythe President for staggered terms of three years, except for appointments to fillvacancies in unexpired terms, which appointments shall be for the unexpired termof the vacancy. The immediate past Chair of the Committee shall also be amember of the Committee during the year following service as Chair if his or her regular appointed term expires at the end of the year of service as Chair and he or she is not appointed by the President to a subsequent term.Meetings shall be scheduled in connection with the regular meetings of theBoard of Directors and otherwise held at the call of the President or Chairman of the Committee.V. REQUESTS FOR ASSISTANCEA. All requests for support from the Legal Action Fund must be made inwriting and initiated or supported by a Member Board. Requests not received atleast 45 days prior to the next scheduled meeting of the Legal Action Committeemay be deferred for consideration to the following scheduled meeting, at thediscretion of the Chair of the (State) Association of Realtors
®
 
Legal ActionCommittee.B. The Legal Action Committee, in collaboration with Member Board counselas appropriate and with the assistance of counsel to the __________ (State)Association of Realtors
®
,
shall study the merits and implications of each request for support. The requesting party may appear before the Committee to support therequest and answer any questions posed by the Committee. The Committee shalladopt recommendations for support in appropriate cases, and submit suchrecommendations for consideration and approval or rejection by the Board of Directors.C. The Legal Action Committee and/or the Board of Directors may conditionits support on retention of counsel deemed most experienced in the issues andcontroversies presented, on various levels of support provided by the NationalAssociation of Realtors
®
 
and/or local association(s), or on other prerequisites. Allsupport of the Legal Action Committee is conditioned on the requirement that the(State) Association of Realtors
®
 
and/or its counsel be consulted and advised on acurrent and continuing basis concerning decisions relating to the litigation which is being supported, including but not limited to, the theories and strategies of thecase, the procedural steps to be taken, the parties to the litigation, the issues to be
 
raised, the timing of discovery, motions and other matters, and the nature andscope of research to be performed. Failure to consult as required or failure tocooperate with the (State) Association of Realtors
®
may result in the immediatesuspension of all support of the litigation and the termination of such support if theMember Board, member or other recipient of support fails to justify such failuresor otherwise satisfy the Committee, in its sole discretion, that support should becontinued.D. (Include if appropriate): The Committee may conduct one or morespecial meetings per year to consider requests for assistance presented at timesother than the regularly scheduled meetings of the Committee when, in the judgment of the Chair and Vice-Chair and with the concurrence of the President of the (State) Association of Realtors
®
, it appears necessary and desirable to do so.Any recommendation for assistance adopted by the Committee at such a specialmeeting must be approved by the (State) Association of Realtors
®
LeadershipTeam but need not also be approved the Board of Directors if the recommendationis for an amount which, when aggregated with all prior contributions by (State)Association of Realtors
®
in connection with the case, does not exceed $25,000.Requests approved in this fashion shall be reported to the Board of Directors at its next meeting.E. (Include if appropriate): The Committee may also consider and adoptrecommendations for support by conference telephone call to consider requests for assistance presented at times other than the regularly scheduled meetings of theCommittee when, in the judgment of the Chair and Vice-Chair, it appearsnecessary and desirable to do so. Any recommendation for assistance adopted bythe Committee at such a special meeting must be approved by the (State)Association of Realtors
®
Leadership Team but need not also be approved by theBoard of Directors if (1) the recommendation is for an amount which, when aggregatedwith all prior contributions by the (State) Association of Realtors
®
inconnection with the case, do not exceed $25,000; and(2) a majority of all the members of the Committee vote in favor of therecommendation to support the request.Requests approved in this fashion shall be reported to theBoard of Directors at its next meeting.F. All appropriations from the Legal Action Fund shall be disbursed asauthorized by the Board of Directors or the Committee, in the case of requestsapproved pursuant to subparagraph E. above, upon the satisfaction of allcontingencies, conditions or prerequisites imposed and upon receipt of verifiedstatements of expenses at least equal to the disbursement.

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