Qualifications for Candidacy
(TAKEN FROM BYLAWS, ARTICLE II)
MEMBERSHIP
Section 1: Active Membership.
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Eligibility: Active Membership
in the Association shall be open to any individual who:
1.
is a licensed real estate broker or salesperson
in the State of Illinois acting in a third party capacity;
2.
is principally engaged in industrial real
estate brokerage and has consummated (i) not less than 10 industrial transactions,
and (ii) sales and leases of industrial properties totaling not less than $2,000,000 cumulative, both within the 24 month period immediately
prior to the making of an Application;
3.
has a minimum of two years experience in
industrial real estate brokerage;
4.
has a reputation for integrity and ability
and has established in the community a reputation of real estate practice in compliance
with the law and in an honorable manner;
5.
agrees to abide by the Bylaws of the Association as well as the Standards of Ethical
Practice and Conduct;
6.
has attended not less than four (4) regular
meetings or functions of the Association within the twelve (12) month period immediately
prior to the making of any Application;
7.
is sponsored for Membership by two Active
Members, both of whom shall have participated in at least one (1) consummated industrial
real estate transaction with the Applicant, and both of whom shall be outside of
the firm of which the Applicant is a member;
8.
has attended, if deemed necessary by the
Board of Directors, an AIRE Standards of Ethical Practice and Conduct seminar or
an Association approved alternative;
9.
has properly completed and signed the Application;
10.
has submitted the application fee with the Application,
which amount shall be set by the Board from time to time and noted on the Application;
and
11.
has been approved by the Membership Committee.
B.
Eligibility of Managers or Principals:
Active Membership is also open to individuals who are managers or principals of
an industrial real estate brokerage company or division having a minimum of 10 industrial
salespeople. Individual Applicants under this provision need not meet the
qualifications described in clauses (2) and (3) of Subsection A of this Section
1 of the Bylaws, but must have 2 years of experience as a manager or principal,
and while they must be sponsored by 2 Active Members, neither of whom is affiliated
with the Applicant’s firm, the requirement of having cooperated in transactions
with the sponsors is waived for this category.
C.
Rights: Active Members shall each
have one vote on all matters submitted to a vote of the Membership and shall be
eligible to serve as officers and directors of the Association.
D.
Exceptions:
Any or all of clauses (6), (7) and (8) of Subsection A of this Section 1 may be
waived by the Board upon recommendation of the Membership Committee, provided it
is determined that there are (i) extenuating circumstances, (ii) prior years of
real estate activity in Illinois or other states, or (iii) other compelling reasons
why the particular Applicant should not be required to meet the particular qualification.
A written request for a waiver must be made by the Applicant along with submittal
of the Application, including a written explanation offering justification for waiver,
and the waiver must be recommended by majority vote of a quorum of the Membership
Committee and approved by majority vote of a quorum of the Board prior to the Application’s
consideration by the Active Membership. Once the Membership Committee and
Board have determined to waive a specific membership requirement, lack of meeting
that requirement will not be accepted as legitimate objection to granting or continuing
membership.
Active Members admitted to the Association prior to the date of the approval of
these Amended and Reinstated Bylaws, who no longer qualify as Active Members under
these Amended and Reinstated Bylaws, shall nonetheless remain as Active Members
of the Association.
E.
Application Procedure:
1.
Form of Application: Applications
for Active Membership shall: (i) be in writing on the form provided by the
Association; (ii) be signed by the Applicant, and, in the case of any Applicant
who is a member of a firm, be signed by the manager or a principal of such firm
to evidence such firm’s acknowledgment of the provisions hereof; (iii) include recommendations
and signatures of two sponsoring Active Members who shall be from different companies;
(iv) be accompanied by a non-refundable application fee, and any other documentation
or information required by the Application; (v) contain an agreement to abide by
all the Bylaws of the Association in force and as enacted from time to time; (vi)
contain complete information regarding any complaints filed against the Applicant
before any Real Estate Board; (vii) contain consent that the Association, through
the Membership Committee or otherwise, may invite and receive information and comment
about the Applicant from any Active Member or other persons; (viii) contain an agreement
that any information and comment furnished to the Association by any person in response
to the invitation shall be conclusively deemed to be privileged and not form the
basis of any action for slander, libel, defamation of character or other sort; and
(ix) contain an irrevocable waiver of claim against the Association, the Board,
any Member or any agent of the Association in connection with the business of the
Association and particularly as to its act, or their acts, in admitting, or failing
to admit, or disciplining the Applicant as a Member. The Application will
also make note of those membership requirements which may be waived, provided waiver
has been requested by the Applicant and sufficient cause for waiver has been approved
by the Membership Committee and Board.
2.
Action on
Applications:
i.
All Applications for Active
Membership shall be filed with the Chairperson
of the Membership Committee (“Membership Chairperson”),
who, within 30 days of receipt of the Application, shall review the Application
to determine whether the Applicant appears to meet the Active Membership requirements.
If there is a request of waiver of any requirement, the Membership
Chairperson shall call for a vote of the Membership
Committee on the waiver, a majority vote of a quorum of the Committee being required
for recommendation for or against. The recommendation of the Membership Committee,
together with the Application, shall then be submitted to the Board, who must also
approve or deny the waiver by majority vote of a quorum of the Board. If the
requested waiver is not recommended by the Membership Committee or denied by the
Board, the Application shall be refused. In reviewing all Applications, the Membership
Committee may request any additional information and may personally interview the
Applicant, sponsors or others to obtain it.
ii.
Once an Application has been acted upon by a majority vote of the Membership Committee,
the Membership Chairperson shall give
notice of the Application to all Active Members. This notice shall contain
the name of the Applicant, the name of the brokerage company or firm to which the
Applicant is affiliated, and the names of the sponsors. The notice shall also
contain the following paragraph:
“At any time within
ten (10) days after the date of this notice, any Active Member may notify the President
and the Executive Director of any written objection to the acceptance of an Applicant.
The objection shall state specifically matters which in the view of the objector
indicate that the Applicant has failed to comply with any requirements of the Bylaws.”
The names and addresses
of the President and the Executive Director shall be provided in the notice.
3.
Membership
Committee Procedure: The
following shall be the rules of procedure of the Membership Committee with respect
to Applications subsequent to the serving of notice to the Active Membership and
receipt of objections, if any:
i.
If the Applicant meets all of the qualifications for Active
Membership (and all waiver requests have been approved) and no objections have been
raised, or if raised and withdrawn, then the Membership Committee shall recommend
approval of the Application for Active Membership by the Board.
ii.
If objection to the Applicant
has been filed in writing by any Active Member as required above, the President
shall notify the Applicant of the substance, but not necessarily the source, of
the objection. The Applicant may, if the Applicant wishes, submit additional
information intended to satisfy the objection or may withdraw the Application.
If neither the Application nor the objection has been withdrawn, the
President
shall, upon written request from the Applicant, submit all relevant material to
the Board for its disposition.
iii.
Upon written request from the
Applicant, the Board, meeting with a quorum of its Members, the Membership Chairperson,
and any objectors, shall review the Application. The Board shall then invite
the Applicant to appear in person before the Board to defend against any objections,
if the Applicant so desires. A time and place for such appearance shall be
set to the convenience of all parties. Any other parties may also be invited
to attend this hearing if so desired by the Board. The Applicant is entitled
to be accompanied by the Applicant’s attorney or other advocate. The Board,
after hearing all relevant information, shall accept or reject the Applicant by
a vote of not less than 70% of the full Board. The action of the Board shall
be final in all cases.
iv.
If an Applicant has been denied Active Membership, the Applicant may not reapply
for one year from the date of such denial and must submit a new Application for
Membership.
v.
The Membership
Chairman may elect to delegate some or all of such Membership Committee functions
if there is only one (1) Member of the Membership Committee.
4.
Admission
to Membership: When an Applicant
has been approved for Active Membership, the Applicant shall be notified promptly
by the Association Administrator and shall be invited to attend the next regular
meeting where the Membership Chairperson (or the Chairperson’s or Association’s
designee) shall award a Certificate of Membership and any other pins, documents
or gifts as may be determined from time to time. The Membership Chairperson
shall be responsible for notification to the Association Administrator, who will
be responsible to see that the new Member is added to the roster and is billed for
such new Member’s pro rata share of the current year’s dues.
5.
Ongoing
Qualifications: Once a person
has been accepted for Active Membership, such Member must continue to meet all the
qualifications for Membership as described in Article II, Section 1 of the Bylaws,
except that notwithstanding the foregoing: (i) such Member need not continue to
consummate the number of deals specified; (ii) such Member’s meeting attendance
requirement is waived; and (iii) all requirements specifically relating to Application
and sponsorship shall not apply. Active
Members must agree to abide by the Association’s website protocol as enacted and
amended from time to time.
Section 2: Honorary Membership.
A.
Entitlements, Restrictions and Rights: Honorary Members shall remain on the Association’s
mailing lists, shall be entitled to voting privileges and all other privileges of
Active Members, and shall be allowed to attend all regular meetings of the Association
without charge. Honorary Members shall be required to pay the appropriate
charges for special functions such as bus tours, Holiday Parties, and special seminars
and meetings. Honorary Members shall not be required to pay dues and shall
not be required to participate in on-going education and certification programs.
Honorary Members shall abide by
the Bylaws and shall be subject to disciplinary action or expulsion as provided
for all Members under these Bylaws.
B.
Lifetime Membership: Unless expelled, Honorary Members remain Honorary
Members for life. Honorary Members, at their option, may request to have their
name removed from either or both the mailing list or roster if retired, no longer
living in the area, and/or no longer wishing to receive mailings from the Association.
Removal from the mailing list does not constitute a resignation from Honorary Membership;
however, an Honorary Member may resign at any time by notifying the President who
shall be required to accept said resignation if offered.
C.
Qualifications:
Honorary Membership may, at the discretion of the Board, be awarded to individuals
who meet one or more of the qualifications below.
1.
Any Active Member
who has served as President of the Association 20 years prior to the date of acceptance
of Honorary Membership. (e.g. the 1989 President, and all prior Presidents,
shall be eligible for Honorary Membership at the beginning of 2009.)
2.
Any person who
has been an Active Member for at least 20 years, is over 65 years of age, may or
may not have served as President, but has, in the opinion of the Board of Directors,
offered extraordinary contributions to the Association and the profession.
3.
Any current
Member in good standing who does not meet any of the above qualifications but has,
in the opinion of the Board, made such significant contributions to the industrial
real estate brokerage profession as to warrant being honored by this designation.
D.
Procedure:
1.
Any Active Member
may nominate a candidate for Honorary Membership meeting the above requirements
by notifying the President. In the case of a 20th year Past President, any
person qualifying shall be automatically nominated at the first Board of Directors
meeting of the 21st year after such person’s presidency. The President shall
bring the matter before a quorum of the Board who shall decide by simple majority
vote. The decision of the Board shall be final.
2.
If the nominee
is rejected, there shall be no public mention or notification, but the nominator
shall simply be informed, and the person rejected may not be re-nominated for at
least another 12 months. If the nominee is accepted, the President shall contact
the nominee to determine if the nominee accepts the designation and if so, shall
invite the nominee to attend the next regular meeting of the Association to be presented
with an official certificate or plaque and be honored by the Association.
If the nominee is not able to attend the next regular meeting, the President shall
determine whether to wait for induction at a subsequent, future meeting, or to simply
induct in the absence of the nominee and mail the certificate or plaque. It
shall be the responsibility of the Membership Committee to see that certificates
and plaques are prepared and presented.
Section 3: Associate Membership.
A.
Eligibility:
Associate Membership shall be open to the following types of companies which are
sponsored by at least two (2) Active Members: (i) public utility companies,
such as railroads, electric power, gas and telephone companies; (ii) established
private industrial districts; (iii) industrial general contractors and developers;
(iv) industrial architects; (v) investment companies with major industrial real
estate portfolios; (vi) banks; (vii) industrial mortgage brokers; and (viii) other
companies engaged in activities directly related to the field of industrial real
estate. At no time shall the number of Associate Member companies exceed 30%
of the General Membership of the Association. The Board and the Membership
Committee shall endeavor to maintain a relatively balanced Associate Membership
mix from the foregoing fields.
B.
Application Procedure:
1.
Form of Application: Applications for Associate Membership shall:
(i) be in writing on the form provided by the Association; (ii) be signed by a principal
of the Applicant; (iii) include recommendations and signatures of two sponsoring
Active Members who shall be from different companies; (iv) be accompanied by a non-refundable
application fee and any other documentation or information as may be required by
the Application; (v) appoint the initial Designee or Designees; (vi) contain an
agreement to abide by all the Bylaws of the Association in force and as enacted
from time to time; (vii) contain consent that the Association, through the Membership
Committee or otherwise, may invite and receive information and comment about the
Applicant from any Active Member or other persons; (viii) contain an agreement that
any information and comment furnished to the Association by any person in response
to the invitation shall be conclusively deemed to be privileged and not form the
basis of an action for slander, libel, defamation of character or other sort; and
(ix) contain an irrevocable waiver of claim against the Association, the Board,
the Association Administrator, any Committee, any Member, or any agent of the Association
in connection with the business of the Association and particularly as to its act,
or their acts, in admitting, or failing to admit, or disciplining the Applicant
as a Member. The Application will also make note of those Membership requirements
which may be waived, provided waiver has been requested by the Applicant and sufficient
cause for waiver has been approved by the Membership Committee and Board.
2.
Action on
Applications:
i.
All Applications for Associate Membership shall be filed
with the Membership Chairperson, who, within 30 days of the Application, shall review
the Application to determine whether the Applicant appears to meet the Associate
Membership requirements within 30 days of the submittal of the Application.
ii.
Once an Application has been
acted upon by a majority vote of a quorum of the Membership Committee, the Membership
Chairperson shall give notice of its
decision to the President. If
there is a request of waiver of any requirement, the Membership Chairperson shall
call for a vote of the Membership Committee on the waiver, a majority vote of a
quorum of the Committee being required for recommendation of acceptance or denial.
The recommendation of the Membership Committee, together with the Application, shall
then be submitted to the Board, who must also approve or deny the Application by
majority vote of a quorum of the Board. If the requested waiver is not recommended
by the Membership Committee or denied by the Board, the Application shall be refused.
In reviewing all Applications, the Membership Committee may request any additional
information and may personally interview the Applicant, sponsors or others to obtain
it.
iii.
Once an Application has been
recommended by a majority vote of a quorum of the Membership Committee, the Membership
Chairperson shall give notice of the
Application to all Active Members. This notice shall contain the name of the
Applicant, the names of the Designees and the names of the sponsors. The notice
shall also contain the following paragraph:
“At any time within
ten (10) days after the date of this notice, any Active Member may notify the President
and the Executive Director of any written objection to the acceptance of an Applicant.
The objection shall state specifically matters which in the view of the objector
indicate that the Applicant has failed to comply with any requirements of the Bylaws.”
The names and addresses of the
President and the Executive Director shall be provided in the notice.
3.
Membership
Committee Procedure: The
following shall be the rules of procedure of the Membership Committee with respect
to Applications for Associate Membership subsequent to the serving of notice to
the Active Membership and receipt of objections, if any:
i.
If the Applicant meets all
of the qualifications for Associate Membership (and all waiver requests have been
approved) and no objections have been raised, or if raised and withdrawn, then the
Membership Committee shall recommend approval of the Application for Associate Membership
by the Board.
ii.
If objection to the Applicant
has been filed in writing by any Active Member as required above, the President
shall notify the Applicant of the substance, but not necessarily the source, of
the objection. The Applicant may, if the Applicant wishes, submit additional
information intended to state the objection or may withdraw the Application.
If neither the Application nor the objection has been withdrawn, the President shall,
upon written request from the Applicant, submit all relevant material to the Board
for its disposition.
iii.
Upon written request from
the Applicant, the Board, meeting with a quorum of its Members, the Membership
Chairperson, and any objectors, shall review
the Application. The Board shall then invite the Applicant to appear in person
before the Board to defend against any objections. A time and place for such
appearance shall be set to the convenience of all parties. The objector, and
any other parties, may also be invited to attend this hearing if so desired by the
Board. The Applicant is entitled to be accompanied by the Applicant’s attorney
or other advocate. The Board, after hearing all relevant information, shall
accept or reject the Applicant by a vote of not less than 70% of the full Board.
The action of the Board shall be final in all cases.
iv.
If an Applicant has been denied
Associate Membership, the Applicant may not reapply for one year from the date of
such denial and must submit a new Application for Membership.
4.
Admission to Membership:
When an Applicant has been approved for Associate Membership, the Applicant shall
be notified promptly by the Association Administrator and shall be invited to attend
the next regular meeting where the Membership Chairperson
(or the Chairperson’s designee) shall award a Certificate of Membership and any
other pins, documents or gifts as may be determined from time to time. The
Membership Chairperson shall be responsible
for notification to the Association Administrator, who will be responsible to see
that the new Member is added to the roster and is billed for such new Member’s pro
rata share of the current year’s dues.
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Designees: Any company
accepting an invitation for Associate Membership shall appoint at least one (1)
but not more than two (2) Designees in the application form. Designees of
the Associate Members may attend meetings of the Association when invited, take
part in discussions, and advise as to matters pertaining to industrial real estate.
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Rights and Responsibilities: Upon acceptance as an Associate Member, the Associate
Member and its Designees and all Members of the Associate Member’s company shall
be bound by the Bylaws. Associate Members shall carry no voting rights in
the Association and a Designee shall not be permitted to serve on the Board or to
hold office. A Designee may serve as Chairperson
or Member of any committee except the Membership Committee, the Ethics Committee,
the Arbitration Committee or the Nominating Committee. Associate Members must
agree to abide by the Association’s website protocol as enacted and amended from
time to time. The Board may further
reasonably limit or restrict other rights of Associate Members and Designees.
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Meetings:
The Board of Directors has the right to determine that any membership meeting or
any portion of any such meeting may be attended only by Active Members.
Section 4: Certificates
and Pins. Certificates, pins, emblems and other evidence of Membership
shall be reserved for the use of Members only and upon termination of membership,
shall no longer be used by terminated Member.
Section 5: Dues and
Fees.
A.
The application fees and annual dues for
Active and Associate Membership will be established from time to time by the Board
of Directors. Associate Member shall pay dues for each Designee.
B.
Dues will cover standard membership costs,
which shall include but not be limited to the regular lunch and dinner meetings
of the Association, mailings, electronic mail system and website costs, other administration
costs, and the membership directory. The Board of Directors shall designate
any additional or special charges for individual events, programs, services or materials
that it deems appropriate. Membership dues shall be paid in advance for twelve
months during the month of January.
C.
A non-refundable application fee shall accompany
the Application for Active or Associate Membership.
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