SUMMARY OF ACTION ITEMS
CALIFORNIA ASSOCIATION OF REALTORS®
BOARD OF DIRECTORS
January 24, 2001
The following is a summary of the significant action items approved by the CALIFORNIA ASSOCIATION OF REALTORS® Board of Directors at its January 2001 meeting, the 500th Session of the Board of Directors. A complete set of minutes is available for review upon request. For more information please contact Marleen Schuster at 213-739-8209 or e-mail marleen_schuster@car.org.
PUBLIC POLICY
Commercial
Investment
That C.A.R. OPPOSE SB 20 (Alarcon), a bill
which would create a 90 day statutory protection period for "displaced
janitors."
Housing Affordability
It was reported for information only that the following mission statement
has been adopted:
The Housing Affordability Committee will develop C.A.R.'s housing agenda
and programs, and may evaluate local, state and federal housing legislation
and regulation.
Land Use and
Environmental
That C.A.R. "FAVOR" legislation that would
help fund research and a possible cure for Sudden Oak Death, a disease
afflicting oak trees in many California counties.
That C.A.R. create a task force to address REALTOR® involvement in the state's energy crisis, and that the task forcereport back at the June 2001 business meetings.
Legislative
That C.A.R. sponsor legislation to allow the
use of an electronically notarized digital signature in Real Estate
transactions.
That C.A.R. sponsor legislation that will allow and encourage county recorders to accept electronic documents for recording in Real Estate Transactions.
Manufactured Housing
Committee
It was reported for information only that the
following mission statement for the newly created Manufactured Housing
Committee has been adopted.
The Committee develops policy recommendations
and monitors legislation and regulatory issues specifically affecting
manufactured, modular, and factory-made housing. Further, it will serve
as a proactive venue to inform and educate REALTORS® on manufactured
housing issues.
Property Management
That C.A.R "OPPOSE" legislation that will allow district attorneys to
intervene in a dispute over the payment of rent.
Real Estate
Finance
That C.A.R. "OPPOSE" a proposal by the
California Housing Finance Agency (CHFA) to permanently eliminate CHFA's
mortgage revenue bond cap.
Taxation
That C.A.R., in conjunction with N.A.R.,
preserve the "stepped-up basis" provision of current tax codes
irrespective of modification or elimination of Estate Tax.
BUSINESS
MLS/Computer & Business
Technology
It was reported for information only that a
Working Group will be appointed to study the impact of Internet Data
Display and make recommendations and distribute information as
needed.
Professional
Standards
It was reported for information only that a
Working Group will be appointed to explore all options for possible
remedies to the problems encountered by local boards in application of
the doctrine of procuring cause.
Standard Forms
Advisory
It was reported for information only that the
following forms have been identified for revision by a study group in
April 2001:
Vacant Land Purchase Contract (VLD-14)
Counter-Offer (CO-11)
Contingency Removal (CR-11)
Contingency Supplement/Addendum (CS-11)
The Committee further reports that the following forms have been identified for minor internal revision and reformatting in April 2001:
Exclusive Authorization to Lease or Rent (LL-14)
Application to Rent Receipt for Deposit/Screening Fee (LRA-14)
Tenant Estoppel Certificate (TEC-11)
Residential Income Property Purchase Agreement (RIPA-14)
Commercial Property Purchase Agreement (CPA-14)
Manufactured Home Purchase Agreement (MHPA-11)
Probate Purchase Agreement (PPA-11)
The Committee further reports that the following expanded member outreach efforts have been targeted as follows:
Regional representatives to the Forum on Forms meetings
Six regional Forum on Forms meetings at local associations throughout the state
The creation of a consumer guide to the Residential Purchase Agreement translated into English, Spanish, Chinese and Korean.
Increased use and promotion of standard form online resource.
POLITICAL
CREPAC Trustees
It was reported for information only that
fundraising recognition receptions for 2001 would include: (1) January
Golden "R"/Top Donor Reception and NEW 2001 Top Donor recognition at the
January Executive Committee Dinner only; (2) May "Congressional
Reception" at the N.A.R. Washington, D.C. Meetings; (2a) Potential extra
recognition reception for C.A.R. Golden "R" and/or $1,500/Top Donors if
necessary pending the N.A.R. "PAG" decision; (3) June "Capitol
Reception" the evening of C.A.R. Legislative Day in Sacramento; and (4)
Year-end Golden "R"/$1,500 Top Donor Reception at the C.A.R. October
B.O.D. Meetings and EXPO in San Diego.
As a reminder, the attendance policies for
the 2001 C.A.R. major fundraising recognition receptions are as
follows:
(I) The C.A.R. Washington, D.C. Congressional Reception is tentatively set
for Tuesday, May 15, 2001 during the N.A.R. Washington, D.C. Meetings
(note: this date appears best to avoid conflicts with other major
Washington Receptions later that week and obtain the availability of the
traditional location, "The Montpelier Room" at the Madison Library of
Congress). Further, that non-REALTOR® guests may attend this Reception only
without being a 2001 Member of the "CREPAC/Federal 99 Club", due to the
extensive costs and time commitment associated with travel back to these
meetings in Washington, D.C.
(II) The C.A.R. Capitol Reception is scheduled for the evening of C.A.R.
Legislative Day Wednesday, June 6, 2001. Admission to the 2001 C.A.R.
Capitol Reception will continue to be FREE OF CHARGE as recognition and
thanksto current year (2001): "CREPAC Champion Club", "Golden R and/or Top
Donors" and "CREPAC/Federal Presidents Circle" Members (note: President
Circle Members must be a 2001 contributor to the "CREPAC/Federal 99 Club"
for FREE OF CHARGE admission to the C.A.R. Capitol Reception). Finally,
non-REALTOR® or non-Local/State Association Staff persons, attending the
2001 C.A.R. Capitol Reception as "Guests", pay a $49.00 admission fee in
order to attend this event (since its primary focus is to thank and
recognize the 2001 donors of C.A.R. and the 2001-2002 California State
Legislators and Constitutional Officers).
Further, it was reported for information only that in order to increase
political participation and attendance at the 2001 C.A.R. June
LegislativeDay Meetings and events in Sacramento, the use of local BORPAC
funds to cover travel costs of sending non-C.A.R. Directors to this meeting
only will be allowed.
IMPAC
Trustees
It was reported for information only that the
IMPAC Trustees approved the following contributions:
--Pacific Legal Foundation's Private Property Rights Fund: $12,500
--California Natural Resources Group (CNRG), a business/local government
coalition dealing with critical habitat designations: $25,000
--C.A.R.'s Housing Policy Document design and production: $11,500
Political Activities Fund Advisory
That the Political Activities Fund Advisory Committee be renamed to be the
Political Activities Fund Committee and consist of 9 committee members,
with 3-year staggered terms, who shall be appointed by the C.A.R.
President. The Fund will have one chair and up to two vice chairs. Further,
that the Political Activities Fund has the power to allocate funds from the
PAF for the purposes as set forth in the September 22, 2000 action of
theDirectors.
Funding decisions are subject to approval by the Officers. All funding
decisions are reported to the Board of Directors at the next regularly
scheduled meeting
It was reported for information only that the following mission statement
has been adopted.
The Political Activities Fund Advisory Committee shall enhance the
California Association of REALTORS®' political and legislative
effectiveness by evaluating proposals and allocating funds in the following
areas: member education; enhancements to the Member Mobilization Program;
and other political activities.
It was reported for information only that
A) Political Activities Funds were allocated to individual Associations of
REALTORS®' (AOR) IMPAC funds equal to an amount of 10% of the funds
collected through Political Survival and CREPAC Champion from that AOR.
Further, that Political Activity Funds in an amount equal to 5% of
Political Survival funds collected in 2001 were allocated to state
IMPAC.
B) Political Activities Funds were allocated to Member Mobilization
enhancements in 2001 totaling $235,200.
C) Political Activities Funds were allocated to conduct a comprehensive
member survey concerning members' attitudes and awareness of C.A.R.'s
legislative and political programs, not to exceed $22,000.
D) Political Activities Funds were allocated to conduct work, including
focus groups, in an amount not to exceed $125,000.
OPERATIONS
California REALTOR® EXPO Advisory
1. It wasreported for information only that the California REALTOR® EXPO
2001 would be held on October 17 and 18, 2001 in San Diego. The theme is
"Power Up."
Executive
1. That the following resolution of grateful appreciation to Richard F.
Gaylord, 2000 C.A.R. President, be approved:
CALIFORNIA ASSOCIATION OF REALTORS®
A RESOLUTION OF GRATEFUL APPRECIATION
TO RICHARD F. GAYLORD
January 19, 2001
BE IT KNOWN: The Board of Directors of the CALIFORNIA ASSOCIATION OF
REALTORS® does hereby adopt this Resolution as a means of recording for
posterity its appreciation for your outstanding leadership as the
93rd President of this great Association.
WHEREAS, Dick Gaylord has established a lengthy and exceptional record of
personal commitment and volunteer service to the real estate industry at
the local, state and national levels; and
WHEREAS, Your leadership during a period of great change and in the midst
of a challenging real estate market was a guiding force for the
implementation of programs, services and educational opportunities that
benefit members as they conduct their daily business; and
WHEREAS, Under your direction, the Association made important strides to
reach out to a broad diversity of members and prospective members,
and
WHEREAS, During your term, the Association was well represented in its
efforts to implement sound public policy at both the state and national
levels; and
WHEREAS, By virtue of your friendship, loyalty, dedication and commitment
to the real estate community and the public, you leave this Association a
legacy of leadership and progress that will endure; therefore, be it
RESOLVED, That your fellow officers, directors and members of the
CALIFORNIA ASSOCIATION OF REALTORS® do hereby convey to you, Dick Gaylord,
our gratitude for your outstanding leadership, and look forward to your
continued contributions in the future.
2. That the following resolution recognizing the contributions of Shirley Commons Long, Orange County Association of REALTORS®, 2000 recipient of the California Distinguished REALTOR® Award be approved:
CALIFORNIA ASSOCIATION OF REALTORS®
A RESOLUTION OF GRATEFUL APPRECIATION
TO SHIRLEY COMMONS LONG
January 19, 2001
RECIPIENT OF THE 2000 CALIFORNIA DISTINGUISHED REALTOR® AWARD
BE IT KNOWN: The Board of Directors of the California Association of
REALTORS® does hereby adopt this resolution as a means of recording for
posterity its appreciation for your outstanding contributions to organized
real estate which led to your selection as recipient of the 2000 California
Distinguished REALTOR® Award -- the highest honor the Association can
bestow upon any member; and
WHEREAS, You have established a continued exceptional record of personal
commitment and service to the cause of REALTORS® as an active member of the
Orange County Association of REALTORS®, the California Association of
REALTORS®, and the National Association of REALTORS®; and
WHEREAS, You have met or exceeded all of the criteria necessary to be
considered for this award, including at least 20 years as a California
REALTOR®, demonstration of outstanding service to the Association for at
least 20 years, in particular serving as a C.A.R. Director-for-Life;
and
WHEREAS, Your vision and many contributions have helped the Association and
its members through many challenging years marked by a host of major
housing issues and an ever-changing real estate environment; therefore, be
it
RESOLVED, That the officers, directors and members of the California
Association of REALTORS® do hereby convey to you, Shirley Commons Long,
2000 recipient of the California Distinguished REALTOR® Award, our
gratitude for your many years of outstanding service and leadership, and
look forward to your continued contributions in the future.
3. That the following 2001 Presidential Appointments be approved: a)
Executive Committee, b) Directors at Large, and c) Trustee Groups (on
terms):
a) 2001 EXECUTIVE COMMITTEE
Gary Thomas, Orange County, President
Robert Bailey, Santa Cruz, President-elect
Toby Bradley, Santa Barbara, Treasurer
Joel Singer, Los Angeles, Executive Vice President (Ex-Officio)
Le Francis Arnold, Rancho Southeast
Carol Banner, Rim O'The World
Richard Gaylord, Pacific West
Nancy Gilmore, Pacific West, AE
BillHorne, Sacramento
William E. Johnson, San Diego
Vince Malta, San Francisco
Leslie Munger, Pacific West
Gregg Pawlik, Beverly Hills\\Greater Los Angeles
Beth Sommer, Southland Regional
Kevin Walsh, Amador County
Jeannette Way, NorthernSolano County
Judy Zeigler, California Desert
b) C.A.R. DIRECTORS-AT-LARGE - 2001
Joe Barnett, Palos Verdes Peninsula
David Baumgartner, San Benito
David Cantwell, Palm Springs
Jackie Crowley, Palos Verdes Peninsula
Don Davis, Shasta
MarkDilbeck, Pasadena-Foothill
Leslie Dopp, West Contra Costa
William Frank, No. California Commercial
Vern Hansen, North Bay
Mindy Hart, Alameda
John Igleheart, Scenic Coast
Janene Klocek, Yucaipa
Judith Kritz, Rim of the World
Dennis Mason, Plumas Co.
Mark Nicholson, Humboldt
Karen O'Brien, Rim of the World
Michael Silvas, Sonoma
Mike Souza, Central Valley
Sherry Tietjens, Visalia
David Weinstein, Orange County Commercial
c) 2001 COMMITTEE/TRUSTEES - NEW APPOINTEES
Legal Action Fund Trustees
Term Ending November 2005
Mark Dilbeck, Pasadena-Foothills
Patty Tunnicliffe, Santa Barbara
Scholarship Foundation Trustees
Term Ending November 2005
Cindy Baker, Pacific West
Nicki Boberg, San Francisco
Loraine D. Lefler, West San Gabriel Valley
C.A.R. Bylaws Amendments previously noticed for approval at the January 2001 meetings were withdrawn from consideration, and not approved.
Membership
That for the month of July 2001, C.A.R. waive the C.A.R. New Member Fee owed by local Associations of REALTORS® to C.A.R. providing the new member joining the local Association meets the following eligibility requirements: A) The person is not currently a member of any local Association of REALTORS® in the State of California, but is a member of an MLS.B) The Local Association passes the savings on to the new member joining.Note: This action does not control any other local new member fees, if any, as such fees are determined solely by the local Association of REALTORS®.
That the following applicants be granted C.A.R. Honorary-Member-For-Life status.
Arcadia AOR
Jayne V. Bellin
Beverly Hills/Greater Los Angeles AOR
Walter Leimert, Jr.
Burbank AOR
Frank Trotta
Delta AOR
Enrico Cinquini
Nora Pryor
Homer Pryor
Inland Valleys AOR
John R. Hutcherson
Marin AOR
Betty Doyle
Jean Howard
Sol Langsam
Robert Roumiguiere
Irene Wise
North Bay AOR
Don Olson
Orange Coast AOR
Victor H. Jashinski
Pacific West AOR
Gene Alley
Edwin Martin Denver
Pearl De Simone
Margaret Virginia Downing
Antonia ( Toni ) Rosas
Arthur B. Ross
Palos Verdes Peninsula AOR
Shirley Brill
Doris Klammer
Earl Seals
Josephine Young
Pasadena-Foothills AOR
Lillian Colle-Campbell
Rancho Southeast AOR
John Garnica
Redlands AOR
Raymond P. Alexander
Freddie Spellacy
Silicon Valley AOR
Margaret H. Vesey
Roberta Yee
South Lake Tahoe BOR
Ruth Imbach
Southland Regional AOR
John Buss
Joseph Hutt
Ira Levy
Mary E. Stormont
Hy Terman
Helen Trembicki
Ernest Zeilberger
Visalia AOR
John William Morgan
Nominating
That effective immediately, the following modifications to the guideline
procedures for selection of N.A.R. Directors be approved:
Term of Service: Term of service allocated to State Associations are for
three-year terms or to fill vacancies. C.A.R. does not have a limit on the
number of terms a director may serve.
Elected Leaders: In order to ensure the association's primary elected
leaders would be N.A.R. Directors, the C.A.R. President shall resign their
existing NAR directorship, if any, and shall be a voting NAR director as a
State President. The C.A.R. President-elect upon commencement of the year
as President-elect, if not already holding a director position shall
automatically receive a minimum of a one year term; and the Treasurer, if
not already holding a director position, shall automatically receive a
directorship coinciding with their term as Treasurer. The immediate Past
President shall receive priority for a directorship in consideration of
their previous Directorship that they may have vacated to serve as State
President.
Vacancies: In order to fill vacancies that may occur due to resignations or
C.A.R. membership increases after the association designates their N.A.R.
Directors in June, the association will designate 25% more candidates than
allocated (in priority order) as N.A.R. Director alternates. If one or more
vacancies should occur in the association's allocation of directors, the
vacancy shall be filled in priority order, first to elected leadership and
then to Alternates. Note: N.A.R. is required to use the July 31, membership
figures to calculate the number of Directors each state will be entitled to
for the following year.
Scholarship Foundation
The C.A.R. Scholarship Foundation reported for information only the
completion of the Lois Jeane Moulton Perpetual Scholarship Fund, the
establishment of the Mary L. Vaughan Perpetual Scholarship Fund, and the
initiation of a new scholarship fund honoring Oral Lee Brown. Contributions
to the C.A.R. Scholarship Foundation, Oral Lee Brown Scholarship Fund, were
made by Directors present in the amount of $8,112. When pledges made at the
meeting are collected, the total for this new fund will exceed $10,000,
which is the requirement to establish it as a Perpetual scholarship in the
name of Oral Lee Brown. The California Association of REALTORS® Scholarship
Foundation awards scholarships to students enrolled at a California college
or university for professions which are centered on, or support a career in
real estate.
Strategic Planning and Finance
That the Association's Financial Statements as of November 30, 2000 be
approved:
A. The Statement of Income and Expenses by program for the eleven months
ending November 30, 2000
Total C.A.R.
Revenue of $13,990,700
Expenses of $12,750,100 (including federal income tax)
An excess of income over expenses of $1,240,600
Issue Action Fund
An excess of income over expenses of $433,500
B. The C.A.R. Balance Sheet as of November 30, 2000
Total assets of $14,186,800 (of which $8,147,400 are current assets)
Total liabilities of $947,500 (of which $916,500 are current
liabilities)
C.A.R. Fund Balance of $13,239,300
That the Projected Statement of Income and Expenses by program for the year
ending December 31, 2000 be approved.
Total C.A.R.
Revenue of $14,329,100
Expenses of $13,997,400 (including federal income tax )
An excess of income over expense of $331,700
Issue Action Fund
An excess of income over expenses of $386,000. This amount will be
allocated to IMPAC as approved by the Directors.
That the C.A.R. investment Policy be revised to permit the association to invest up to 10% of reserves in Equities.
OTHER REPORTS
N.A.R. Director Forum
It was reported for information only that the California N.A.R. Directors
had conducted a vote to obtain an indication of support for a potential
candidate for future N.A.R. Office from California, and that the winner of
that vote was Richard Gaylord.
A motion was presented on the floor of the Board of Directors, and adopted, that Richard Gaylord be approved as the next California candidate for the N.A.R. office of First Vice President for a year to be determined.
