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C.A.R. Director Allocation and How to Change State Directors

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HOW IS THE NUMBER OF STATE DIRECTORS DETERMINED FOR EACH LOCAL ASSOCIATION?

The C.A.R. Bylaws (see below) detail the process for determining how many State Directors each local Association may select as their representatives.  (The State Directors are also called Delegates in some sections of the C.A.R. Bylaws, and the local Associations are referred to as Member Boards.)  If your local Association has fewer than 100 members on April 1 of the preceding year, you are entitled to select two State Directors, one of whom must be the current President of your Association.  If your local Association has 100 or more members on April 1 of the preceding year, you are entitled to select three or more State Directors, one of whom must be the current President of your Association.  A formula determines the number of State Directors, based on the size of each local Association and the total members of C.A.R. as of April 1 of the preceding year, so that there is proportional representation from each local Association throughout the State.  C.A.R. will provide you with a form to complete in April or May of each year to report the names of your State Directors.

HOW DOES THE LOCAL ASSOCIATION SELECT STATE DIRECTORS AND WHEN MUST THE STATE DIRECTORS BE SELECTED?

State Directors may be selected in accordance with procedures established by your local Association.  C.A.R. does not determine how you should select State Directors; the only requirement is that they are dues paying REALTOR® or REALTOR-ASSOCIATE® members of your Association.  The C.A.R. Bylaws require that all State Directors be selected by September 1 of the preceding year.

CAN CHANGES BE MADE TO THE STATE DIRECTORS DURING THE YEAR?  IS THERE A DEADLINE TO TELL C.A.R. ABOUT NEW OR REPLACEMENT STATE DIRECTORS?

The C.A.R. Bylaws (see below) also tell us that State Directors may be selected during the year.  Sometimes a State Director resigns, or there are vacancies for one reason or another which your local Association may wish to fill.  For a newly selected State Director to have voting privileges at the next meeting, that person's name must be received by C.A.R. in writing fourteen days in advance.  Generally speaking, since the Board of Directors usually meets on a Friday and Saturday, C.A.R. must be notified of the name of any new or replacement State Director on the Friday two weeks prior to that meeting date.  You may not replace your President as a State Director, even if your President is not willing or able to travel to the C.A.R. Business Meetings. 

CAN THE LOCAL ASSOCIATION SEND A SUBSTITUTE?  CAN SOMEONE CAST A VOTE FOR A STATE DIRECTOR WHO CAN'T ATTEND A C.A.R. MEETING? 

The C.A.R. Bylaws (see below) do not allow for someone to "substitute" as a State Director.  If a State Director is unable to attend a C.A.R. Business Meeting, they can request an excused absence, or your local Association can replace that person by providing at least fourteen days advance notice to C.A.R.  Once a State Director has been replaced, they are no longer a State Director until you submit their name to C.A.R. again, if that is your intention, and advise C.A.R. of the change.  You can not replace a State Director on a temporary basis, and you can not replace your President as a State Director in any case.  The C.A.R. Bylaws also do not permit "proxy voting."  Only State Directors who are present at the meeting may vote, and only one vote is permitted per State Director.

HOW DOES THE LOCAL ASSOCIATION NOTIFY C.A.R. OF CHANGES?

To submit the name of a new or replacement State Director, please be certain to include the full name and NRDS Member Number of the individual, and the year in which they will be serving, on Association letterhead, signed by an authorized person.  If a State Director is resigning or being replaced, be certain to include the name and NRDS Member Number of the outgoing State Director, and the applicable year.  Your letter may be scanned and emailed to governance@car.org, or faxed to 213-480-7724, or mailed to C.A.R., Attention: Governance, 525 S. Virgil Avenue, Los Angeles, CA  90020.  (It is important to include the year in your correspondence because by April of a given year C.A.R. is already working on registering State Directors for the following year.)

If a State Director resigns their position, or becomes ineligible or is unable to serve, even if you are not replacing the State Director, please notify C.A.R. in a timely manner of the change.

ARE THERE OTHER TYPES OF C.A.R. DIRECTORS?

Some local Associations may have members who serve as Directors of C.A.R., but who are not selected from the allocation of State Directors to which your Association is entitled.  For example, other types of C.A.R. Directors include the C.A.R. President, C.A.R. President-Elect, C.A.R. Treasurer, C.A.R. Past Presidents, C.A.R. Regional Chairs, C.A.R. Directors at Large, NAR Directors from California, Immediate Past C.A.R. Regional Chairs, C.A.R. Committee Chairs, C.A.R. Executive Committee Members, and C.A.R. Directors for Life.  All of the above positions entitle the individual to full voting rights as a C.A.R. Director, just as those members of your Association selected as State Directors have during their term.  Although your Association may select someone to serve as a State Director from among your allocation who would otherwise be a C.A.R. Director even if you did not select them, it is recommended that you maximize participation and involvement opportunities by selecting members as State Directors who do not hold another C.A.R. Director position.

For more information contact governance@car.org.

EXCERPTS FROM THE C.A.R. BYLAWS

Article IV, Section 2.1.  The Members from each Member Board shall be represented by an allotted number of Delegates from that Board. The number of Delegates from each Member Board shall be determined by dividing the total number of REALTOR® and REALTOR-ASSOCIATE® Members of each Member Board by a factor obtained by dividing the total number of REALTOR® and REALTOR- ASSOCIATE® Members of C.A.R. by 750. Each Member Board with less than one hundred (100) Members shall be entitled to two Delegates under this Section 2.1, one of which shall be the President of each Member Board during his term in office. Each Member Board with one hundred (100) or more Members shall be entitled to at least three Delegates under this Section 2.1, one of which shall be the President of each Member Board during his term in office. Notwithstanding this Section 2.1, no President of a Member Board that is deemed and remains a Noncompliant Member Board under Article II, Section 11.10 shall be seated as a Delegate or Director under Article V Section 3.0, and no replacement Delegate or Director shall be eligible to serve as long as the Member Board remains Noncompliant.

Article IV, Section 2.2.  In making the calculations utilized in 2.1, the major fraction rule will apply; that is, the number of Delegates will be rounded down to the whole number if the fraction is less than .50 or rounded up to the next whole number if the number equals or exceeds .50. The number of REALTOR® and REALTOR- ASSOCIATE® Members of each Member Board for purposes of the calculations under Section 2.1, shall only include the Members for which the Member Board has paid dues to the State Association and shall be as stated in C.A.R.'s records as of April 1 preceding the elections.

Article V, Section 7.  All Directors selected by and from Member Boards must be registered with the corporation by the Member Board by September 1 preceding the date of the first regular Directors' Meeting of the year in order to qualify for a full term of office. The Association must receive written notice of Directors selected by and from Member Boards during the elective year 14 days in advance of a given Directors' Meeting in order for the Directors to be seated at that meeting.

Revised: February 12, 2014

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