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Selecting Association Counsel

April 3, 2012: 

Selecting a suitable firm or attorney as Association counsel is vitally important, given the significant role which counsel must often play in the Association effectively and efficiently accomplishing its objectives.

Employer-Employee Guidelines

April 3, 2012: 

These Guidelines are not intended to and do not create a contract of employment.
Policies and guidelines may be revised at any time at the employer's sole discretion.

Following these guidelines is a requirement in order to invoke defense costs coverage (up to $1,000,000) under the NATIONAL ASSOCIATION OF REALTORS®' Professional Liability Policy for wrongful termination claims. Such coverage applies to suits arising from hiring, firing, compensation, employee privileges or other terms of employment.

Copyright Information

April 3, 2012: 

From Stephen King's latest bestseller to the launch codes for the U.S. nuclear arsenal, virtually all information is capable of being owned or controlled by someone. When developing Lotus Notes databases, in addition to what information to include, it is necessary to determine who owns or has the right to control the information to be included. In doing so, copyright and security and access issues must be considered.

Information will fall into two general categories:

Different copyright and security and access considerations will apply as follows:

Code of Conduct and Sexual Harassment Policy

April 3, 2012: 

The members and staff must work together effectively as a team to accomplish the Association's goals. Such joint efforts are enhanced by an environment of courtesy and mutual respect. Offensive behavior not only impedes the effectiveness of the joint efforts, but can also create exposure to legal liability.

E-mail Use

April 3, 2012: 

t’s important for REALTOR® associations, as employers, to have clear written policies on how their employees may use the association’s e-mail system and whether the association will monitor such use.

Copyright Registration Procedures for MLS Databases

April 3, 2012: 

This article presents a brief explanation on the importance of registering your MLS database with the United States Copyright Office, and also provides guidance on the registration process. By registering your database, your MLS will receive the maximum protections afforded by law.

Military Leave

April 3, 2012: 

Two pieces of federal legislation affect employers and creditors of individuals who undertake military service, either through call-up or through volunteering. One sets forth how military service affects the employee/employer relationship, while the other legislation describes how the debtor/creditor relationship is affected. This article will address each separately below.

Established Business Relationship Exception

April 3, 2012: 

The "Junk Fax Prevention Act of 2005" ("Act") has permanently inserted the "established business relationship" ("EBR") exception into the federal laws governing facsimile communications.

MLS Data Security

April 3, 2012: 

One of the issues raised by Internet Data Exchange (IDX) and Virtual Office Websites ("VOW") is how an MLS can continue to protect the security of MLS data in this new Internet environment. Below is a chronological summary of past cases where REALTOR® Associations and MLSs brought lawsuits against individuals and/or companies who were using the MLS data in an unauthorized way.

Association Record Retention

April 3, 2012: 

There are a number of steps an association needs to undertake in creating a document retention policy. Each association should go through these steps on their own, as there is not a “one size fits all” model for record retention.

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