CALIFORNIA ASSOCIATION OF REALTORS®
BOARD OF DIRECTORS
OCTOBER 12 - 13, 2007
The following is a summary of the significant action items approved by the
CALIFORNIA ASSOCIATION OF REALTORS® Board of Directors at its October 2007
meeting. Some additional information items are included, but do not
necessarily represent Association policy. A complete set of minutes
isavailable for review upon request. For more information
1. To approve the selection of Sharon Bowler, Citrus Valley, as the
recipient of the 2007 California Distinguished REALTOR® Award, the highest
recognition that C.A.R. can bestow on a member.
C.A.R. Scholarship Foundation/C.A.R. Education
Foundation 1. It was reported for information only that the
C.A.R. Scholarship Foundation awarded scholarships totaling $10,750.
The C.A.R. Education Foundation raised $2,000 from the booth in the
California REALTOR® EXPO Exhibit Hall. An additional $10,600 in
contributions for the C.A.R. Education Foundation has been received from
participating local Associations.
California REALTOR® EXPO Advisory 1. It was reported
for information only that the CALIFORNIA REALTOR® EXPO 2007, "REALTOR® 2.0:
The Next Big Thing," was a tremendous success. Attendance for Tech
Tuesday was 1,200. The Exhibit Hall included 367 exhibit booths, and
there were 19 generous sponsoring companies. Overall attendance was
Common Interest Development 1. That C.A.R. "SPONSOR"
legislation to provide that the rights of an owner in a common interest
development to own, occupy, lease or sell his or her ownership interest
shall not be changed throughout the duration of such ownership.
1. That the following Nominees for CREPAC Trustee and Alternate be elected:
NOMINEES FOR CREPAC TRUSTEE
(November 2007- November 2010)
Dawn O'Rourke, Region 1, Humboldt Association of REALTORS®
Dorothy Jackson, Region 6, Bay East Association of REALTORS®
Susan Davis, Region 12, Fresno Association of REALTORS®
Wendy Furth, Region 18, Southland Regional Association of REALTORS®
Candice Carpenter, Region 21, South Bay Association of REALTORS®
NOMINEES FOR CREPAC ALTERNATE
(November2007 - November 2008)
Terriann McGowan, Region 4, North Bay Association of REALTORS®
Brian Malone, Region 13, Glendale Association of REALTORS®
Nancy Donahue-Jones, Association Executive, Region 14, Southwest Riverside
County Association of REALTORS®
Mary Funk, Region 18, Southland Regional Association of REALTORS®
Heide Wolf-Reid, Region 19, Santa Clara County Association of
Jimmy La Peter, Region 23, Pacific West Association of REALTORS®
Susan Marshall, Region 24, San Diego Association of REALTORS®
Cas Pinkowski, Region 32, Orange County Association of REALTORS®
2. It was reported for information only that the CREPAC Trustees
recommended to the REALTORS® Political Action Committee (RPAC) Trustees of
N.A.R. that they fund $153,500, for 45 federal candidates.
3. It was further reported for information only that CREPAC has contributed
$45,400 to bi-partisan candidates for the Assembly and Senate, as well asto
the Democratic and Republican Parties.
IMPAC Trustees 1. That the following Nominees for
IMPAC Trustee and Alternate be elected:
NOMINEES FOR IMPAC TRUSTEE
(November 2007-November 2010)
M. Chris Kutzkey, Region 2, Siskiyou Association of REALTORS®
Eva Garcia, Region 3, Sacramento Association of REALTORS®
Mary Chatton Brown, Region 5, Contra Costa Association of REALTORS®
Richard Tegley, Region 14, Inland Valleys Association of REALTORS®
Alice McCain,Region 18, Southland Regional Association of REALTORS®
NOMINEES FOR IMPAC ALTERNATE
(November 2007- November 2008)
Cynthia Wood, Region 4, North Bay Association of REALTORS®
Michael Godfrey, Region 6, Bay East Association of REALTORS®
Leannah Hunt, Region 9, Silicon Valley Association of REALTORS®
Carol Banner, Region 15, Rim of the World Association of REALTORS®
Richard Stone, Region 16, Arcadia Association of REALTORS®
Rebekah Owen, Region19, Santa Clara County Association of REALTORS®
Les Fishman, Region 21, Palos Verdes Association of REALTORS®
Vicky Campbell, Region 24, San Diego Association of REALTORS®
2. It was reported for information only that IMPAC has contributed $20,000
to the REALTORS® Committee on Air Quality to help defeat point-of-sale
fireplace/woodstove retrofits as well as provide REALTOR® involvement in
the development of emission reduction rules in the South Coast Air Quality
1. That C.A.R. adopt the following positions on February 8, 2008 Ballot
-- Proposition 91, "Transportation Funding" -- "NEUTRAL"
-- Proposition 92, "Community Colleges Funding, Governance and Fees" --
"NOT REAL ESTATE RELATED."
-- Proposition 93, "Limits on Legislators Terms in Office" -- "NOT REAL
NOTE: In October 2005 C.A.R. adopted a "NOT REAL ESTATE RELATED"
position on the Safe, Reliable High-Speed Passenger Train Bond Act for the
1. That the following applicants be granted C.A.R. Honorary Member-for-Life
Bay East AOR
Beverly Hills/Greater LA AOR
CA Desert AOR
Contra Costa AOR
East Valley AOR
El Dorado AOR
Greater Antelope Valley BOR
Delores Ann Hahn
Monterey County AOR
North Bay AOR
North San Diego AOR
Orange Belt AOR
Orange County AOR
Pacific West AOR
Palos Verdes Peninsula AOR
Rancho Southeast AOR
San Mateo AOR
Santa Clara AOR
John Van Hooser
Santa Maria AOR
South Bay AOR
South Tahoe AOR
Southland Regional AOR
Audrey Bush Hall
MLS Working Group 1. That a statewide hybrid MLS with
a single data base be created. This system could be used as a primary
MLS at a local Association's option, or as an aggregated data base by local
Associations or Regional MLSs. Further that a mutual benefit non
profit corporation be chartered for the purpose of overseeing the
development and ongoing operations of the hybrid system. Further that
the following be formed
a. An MLS Rules working group of the MLS Committee to recommend statewide
rules to be used in either model.
b. An MLS Statewide Governance working group to recommend a specific
c. An MLS Standards Subcommittee Group to report through the MLS Committee
to recommend data standards.
d. An AE working group to recommend the most efficient and member-oriented
approach on which services should be retained at the local level.These
groups will report back to the C.A.R. Board of Directors for review and
approval of their recommendations in January.
Finally, that the previously approved $500,000 also fund minor expenses of
the working groups. (Note that none of the $500,000 approved at the
June 2007 meeting has been used).
Mortgage Broker Licensing Task Force 1. That C.A.R.
"SPONSOR" legislation requiring a prominent disclosure by a licensee to all
parties whenever a broker, business entity or licensee both represents a
buyer and originates a loan in a "1-4" transaction.
Nominating and Election Process Task Force
1. That the final report and recommendations of the Nominating and
Elections Process Task Force dated October 10, 2007 be approved.
Note: The Report of the Nominating and Elections Process Task Force
includes the following recommendations for action.
1. That formal campaign activities may begin the day following
the mid-year Board of Directors Meeting.
2. That the Candidates, when submitting their candidate application, shall
provide the names of all the members serving on their Campaign Steering
Committee, and that none of these members may serve on the Nominating
Committee in that year. If there are any updates to the list of
names, the candidates are to report any changes to C.A.R. by May 1.
3. That Regions may not endorse candidates for C.A.R. Office until after
the January Candidates Forum, with the exception of the candidate's own
4. That candidates shall be invited to attend all meetings of the Strategic
Planning and Finance Committee subsequent to the submission of their
official candidate application to C.A.R. Attendance shall be at the
candidate's own expense, and the candidate shall be in the role of an
observer during committee deliberations and discussions.
5. That the Leadership of the Nominating Committee (Chair, Vice Chair and
Ex-Officio) will jointly receive and review the Candidate Application and
any attachments or related disclosures and documentation.
6. That the Leadership of the Nominating Committee (Chair, Vice Chair, and
Ex-Officio) will receive any reports of violation of the C.A.R. Campaign
Guidelines, evaluate the validity of the complaint, and determine if the
issue should be addressed by the full Nominating Committee, which shall
have the authority to interpret and enforce the Campaign Guidelines.
The Nominating Committee shalldetermine the appropriate action, up to and
including the possibility that the Nominating Committee would decline to
nominate a candidate.
7. That each candidate shall be required to sign a waiver of
confidentiality with respect to certain personalfinancial, legal, or
criminal background information that may be discovered through the standard
public records search process undertaken by the Association for each
candidate, or which may otherwise come to the attention of the Nominating
Committee. This waiver of confidentiality would apply in the
a. a candidate is not nominated by the Nominating Committee to be elected
and is nominated from the floor of the Board of Directors
b. an office holder is found by theNominating Committee to be ineligible to
continue to hold office or to be nominated for that office were they
seeking the nomination and has not resigned from that office
c. an office holder has experienced the occurrence of a new criminal
allegation, charge or offense, adverse changes in personal or business
financial status, or significant legal issues or health conditions
The waiver would enable the Nominating Committee, through its Leadership
(Chair, Vice Chair and Ex-Officio), to release only those details to the
Board of Directors which are related specifically and directly to the
finding that the candidate or office holder has not been or would not be
nominated, or has become ineligible to hold office. The Nominating
Committee Leadership shall consult with legal counsel before releasing such
8. That Nominating Committee Members shall not hold a current leadership
position (i.e. current Regional Chair, Executive Committee, Committee
Liaison, Chair, Vice Chair, or on SPF as a member) and/or positions that
would conflict with the scheduled times of the Nominating Committee
meetings. The Nominating Committee Alternates shall prioritize their
schedule to attend all Nominating Committee meetings should a conflict
arise in their schedule.
9. That the Nominating Committee Members and Alternates should not be a
part of a Candidate's Campaign Steering Committee and should have a
completely unbiased and uncommitted role to any candidate while serving on
the Nominating Committee.
10. That the Nominating Committee Members and Alternates should be
encouraged to attend candidate forums or events to become familiar with the
Candidates in order to make an informed decision.
11. That all candidates seeking office shall have served at least five full
year terms as a member of the C.A.R. Board of Directors. (Note: This
change will require a Bylaws amendment).
12. Candidates and Elected Officers shall demonstrate to the satisfaction
of the Nominating CommitteeLeadership (Chair, Vice Chair and Ex-Officio),
on an annual basis, that their personal and business financial status is
sound, and that they are capable of being subjected to the demands of
serving in the position sought. The Nominating Committee Leadership
shall also determine that there are no criminal charges or convictions, and
no pending litigation involving the candidate or officeholder, which could
reasonably represent a source of embarrassment or liability to C.A.R., or
would present a conflict with the policies of C.A.R. which the candidate or
officeholder would be called upon to uphold in their capacity as an
officer. The Nominating Committee Leadership may consider any other
issues which would be reasonable and relevant to the determination of the
individual's ability to serve as an Officer, and shall determine if any
issue should be addressed by the full Nominating Committee.In addition, as
stated in the Bylaws, candidates and officeholders shall be in compliance
with all provisions of the Association's Bylaws before, during, and after
the election, and during their entire term of office. Officeholders
shall report the occurrence of any new criminal allegations, charges or
convictions, adverse changes in personalor business financial status, or
significant legal issues or health conditions, to the Executive Vice
President/State Secretary and the Nominating Committee Leadership within 48
hours. In the case of the Executive Vice President/State Secretary,
the report shall be made to the President, President-Elect and Treasurer
within 48 hours.
13. The Nominating Committee Leadership shall report significant new
information that may come to their attention regarding the candidates or
officeholders to the full Nominating Committee as soon as reasonably
Real Estate Business Services 1. That the following
slate of nominees for a two-year term on the REBS Board of Directors be
approved, and the C.A.R. President be instructed to elect these individuals
on behalf of C.A.R.:
Liz Fitzgerald, Dana Point, Christie's Great Estates
Maxine Jennings, Dublin, Real Estate Services
Richard Mendenhall, Columbia, Missouri, Re/Max Boone Realty
Joel Singer, Los Angeles, California Association of REALTORS®
John Wong, San Francisco, Prudential California Realty
Note: The following REBS Directors have continuing terms through
Gary Thomas, Aliso Viejo, RE/MAX Real Estate Services
Alan Arora, Los Angeles,Real Estate Business Services
Tony Agurs, El Cajon, The Agurs Group, Inc.
Linda Lang, Laguna Hills, Orange County Association of REALTORS®
Standard Forms Advisory
1. It was reported for information only that the Standard Forms Advisory
Committee received reports from 12 Regional Representatives. The
comments were all positive regarding the November 2007 forms release.
The Committee decided to create a joint study group with the WINForms Users
Advisory Groupto consider the impact of electronic forms on the standard
forms process. The Standard Forms Advisory Committee recommends that
in early 2008 a study group should be formed to propose revisions to the
RPA for release in 2010. In response to comments at the Forum on
Forms, the Committee has directed staff to make modifications to the
Request for Repair form draft that was presented at the Forum on Forms
prior to its release in November. Finally, the Committee reviewed all
of the 42 comments received.
Strategic Planning and Finance
1. That the Statement of Income and Expenses by program for the eight
months ending August 31, 2007 be approved.
Revenue of $28,555,600
Expenses of $ 17,935,600
An excess of income over expenses of $10,620,000
Political Activities Fund
An excess of income over expenses of $1,728,200
Issues Action Fund
An excess of income over expenses of $1,387,400
The C.A.R. Balance Sheet as of August 31, 2007
Total assets of $58,593,800 (of which $41,461,100 are current assets)
Total liabilities of $5,670,200 (of which $4,383,700 are current
C.A.R. Fund Balance of $52,923,600
2. That the Projected Statement of Income and Expenses by program for the
year ending December 31, 2007 be approved.
Revenue of $32,643,700
Expenses of $27,813,500
An excess of income over expenses of $4,830,200
Political Activities Fund
An excess of income over expenses of $1,243,300
Issues Action Fund
An excess of income over expenses of $1,129,100. This amount will be
allocated to IMPAC as approved by the Directors.
3. To approve a 2008-2010 strategic plan and 2008 budget with the following
A. C.A.R. Revenue $29,078,600
C.A.R. Cost $27,655,300
Net Surplus $1,423,300
B. Political Activities Fund Revenue $1,604,000
C. Issues Action Fund Revenue $1,604,000
Issues Action Fund Transfer to IMPAC $689,200
D. 116 budgeted C.A.R. staff positions
E. Membership dues, including $115 for operating programs, $10 for the
Political Activities Fund and $10 for the Issues Action Fund, are set at a
total of $135 per member (predicated on 2008 year-end membership of
F. New member fee continues to be at $30 per new member (unchanged from
G. A 2008 Capital Budget (funded with Association reserves) totaling
$146,4004. To approve for members in areas not serviced by local
associations an additional $30 in membership dues. This amountwould be in
excess of the dues approved for members coming through the local
5. To approve a 2007 budget augmentation to develop and promote a
commercial website for REALTOR® members who practice commercial real estate
with a total revenue of $28,800, total expenses of $14,200 and a capital
budget of $5,000.
6. That $100,000 be approved to conduct consumer research to determine
possible features of a consumer website.
7. That $360,000 be approved for an additional 4 percent pension
contribution to the C.A.R. and REBS employee pension plan for 2007,
augmenting the previously approved budget of ten percent.
1. It was reported for information only that C.A.R. staff will explore the
option of expanding the use of the Mello-Roos Law to allow funding for
environmental mitigation and/or affordable housing, while otherwise
prohibiting PTTs, and report back to the committee in January of 2008.
The following special awards and resolutions were presented at the Board of
2007 Committee Liaison Awards
Jeannie Anderson, Association Leadership
David Barca, Industry Information & Membership Services
Tom Carnahan, Legal Issues & Information
Frank Nelson, Public Policy
Richard Stone, Industry Information & Membership Services
Susan Tilling, Public Policy
Rick Violett, Political
2007 Outstanding Committee Chairs
Malcolm Bennett, Federal Issues
Steve Goddard, Legislative
Greg Haas, IMPAC
Tim Muetterties, Housing Affordability Fund
2007 President's Award
MLS Working Group
Gary Thomas, Chair
A Special Resolution of Grateful Appreciation was adopted by the Board of
Directors in recognition of John Liberator for his many years of
outstanding service as the Chief Deputy Commissioner of the Department of