Memo. SECTION 3 Fees, Dues, Levies and Exemptions 3.2 JOINING FEES

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1 Memo To: From: Date: RE: All OMREB Members Janice Myers, Executive Director June 7, 2012 (June 11 UPDATE text addition for clarification) OMREB Regulation Revisions: SECTION 3 Fees, Dues, Levies & Exemptions 3.2 JOINING FEES & 3.9 BILLING & COLLECTION PROCEDURES In accordance with Section 18 of the OMREB By-Laws, please be advised that your Board of Directors intends to revise the following OMREB Regulations with the additions as set out below in red. Please review the attached Background information regarding the rationale for these Regulation additions. SECTION 3 Fees, Dues, Levies and Exemptions 3.2 JOINING FEES Joining Fees for Active Members in the amount shown on the attached Schedule shall be submitted in advance along with the application for membership. Fees tendered by unsuccessful applicants shall be returned, in full, to such applicants within thirty days of the date of rejection of the application. In the event that no application has been received at the Board offices within thirty days from the date a licensee is attached to an Active Brokerage Member, service fees will begin and be the responsibility of the Member Brokerage until such time that the application has been received by the Society. 1 P age

2 3.9 BILLING AND COLLECTION PROCEDURES i) The Member Brokerage shall be responsible for ensuring the appropriate documentation has been submitted to the Board within ten days of the cancellation of license of a Representative member. Service Fees will continue to apply to the Representative/Managing Broker until such time as proof of the Representative license surrender has been provided to the Board. ii) Any Member who has a position regarding this Regulation revision should ensure that comments are received in writing by the Board Office no later than June 22, Please direct your comments and questions to Janice Myers, Executive Director, at janicem@omreb.com Janice Myers Executive Director Okanagan Mainline Real Estate Board Ph (Kelowna) Toll Free Shuswap/Vernon: janicem@omreb.com 2

3 BACKGROUND It has been reported to the Board of Directors that in more than one instance, a Managing Broker has failed to provide the required membership documentation to either register a new Member or to deactivate a leaving Member in a timely manner. This has resulted in lost revenue for the Board, and in some cases, fees that need to be refunded due to auto pay credit card information on file. RATIONALE It was determined that a Regulation be added to hold the Managing Broker accountable for the loss of income: a) in the case of a Licensee whose application has not been submitted within the thirty day requirement; or b) in the case of a Member who has left if notification has not arrived at the Board within ten days of cancellation of the license. RECOMMENDATION Add to Regulation 3.2 JOINING FEES: - In the event that an application has not been received within the thirty days from the date a licensee is attached to an Active Brokerage Member, service fees will begin and be the responsibility of the Member Brokerage until such time that the application has been received by the Society. An addition to Regulation 3.9 BILLING AND COLLECTION PROCEDURES: - The Member Brokerage shall be responsible for ensuring the appropriate documentation has been submitted to the Board within ten days of the cancellation of license of a Representative member. Service Fees will continue to apply to the Representative/Managing Broker until such time as proof of the Representative license surrender has been provided to the Board. BACKUP DOCUMENT The current regulation (Section 3) is attached. The Directors have proposed the updates/additions to 3.2 and 3.9 as noted in the attached Memo (page 1). 3

4 Okanagan Mainline Real Estate Board Regulations Page 35 SECTION 3 FEES, DUES, LEVIES AND EXEMPTIONS 3.1 BOARD ANNUAL DUES The Okanagan Mainline Real Estate Board is an incorporated non-profit Society duly registered under the requirements of the Society Act of British Columbia. It was incorporated on September 25th, In order to maintain membership in the Society it is a requirement of all members that they pay annual dues. Membership in the Okanagan Mainline Real Estate Board also provides membership in the Canadian Real Estate Association for which annual dues are also payable. The Board is a member of the British Columbia Real Estate Association and the dues for that membership are charged on a per-member basis and are therefore payable annually. a) Annual Dues shall commence from the 1st day of January in each year and shall be payable annually, in advance. b) Annual Dues of the Board shall include dues required to maintain membership in the Canadian Real Estate Association and the British Columbia Real Estate Association and dues required to maintain membership in any Division of the Board. c) The annual dues payable to the Board by each Active Member shall be the sum indicated on the attached Schedule and the dues referred to in paragraph (b) hereof, per year. d) The Annual Dues payable to each of CREA and BCREA shall be such as are fixed from time-to-time by CREA and BCREA respectively. 3.2 JOINING FEES Joining Fees for Active Members in the amount shown on the attached Schedule shall be submitted in advance along with the application for membership. Fees tendered by unsuccessful applicants shall be returned, in full, to such applicants within thirty days of the date of rejection of the application. 3.3 REJOINING FEES Following an absence of up to six months for which monthly service-fees are not paid on behalf of the Member, a Rejoining Fee shall be submitted together with an application to rejoin. The rejoining fee shall be equal to the sum of the monthly service fees and other association dues (plus applicable taxes) payable during the period of absence. If the absence from membership has exceeded six (6) months, the applicant must submit a new application for membership accompanied by the Joining Fee as set out in the current Fee Schedule as set by the Directors. Members taking a leave of absence due to parental leave are eligible to have the Joining fee waived. A request to have the Joining fee waived due to parental leave of absence must be sent to the Director of Membership and Professional Standards, and approved by the Directors. (Revised 06/01/09) 3.4 COMPASSIONATE EXEMPTION Under certain extenuating circumstances members may be granted special compassionate exemption from the payment of applicable Monthly Service Fees. If the Special Standing Committee on Membership Exemptions, appointed by the Directors, reviews and recommends an application for exemption for a member, the Directors may grant, for a specific period of time, not exceeding six (6) months, a reduced monthly fee. During the period

5 Okanagan Mainline Real Estate Board Regulations Page 36 of exemption the member receives no Multiple Listing Services or privileges. Upon proof that the exempted member has been acting as a real estate licensee, all exempt fees shall become due and payable. 3.5 LONG SERVICE EXEMPTION The Directors may upon the recommendation of the Special Standing Committee on Membership Exemptions, grant a Special Exemption to a member who wishes to retain Board Membership but does not wish to continue receiving and using Board Services or privileges. Such exemption would only be granted to applicants who have a minimum of 10 years cumulative Board active membership with a history of industry involvement which is satisfactory to the Committee. Re-Classification or exemption would be for a minimum period of one year and would require payment of a reduced monthly fee rather than the regular fee for service. The exempt member would receive no MLS(R) Services or privileges and would be required to be an employee of a member Representative/Managing Broker at all times. 3.6 OFFICE START-UP Prior to the commencement of Multiple Listing Service to any new firm, organization, partnership, corporation, or proprietorship, office or any branch thereof, a start-up fee shall be paid to the Board to cover the cost of services, materials and supplies to be provided to such new office or branch. The current fee payable is indicated on the attached Schedule. 3.7 DATA SERVICE CONTRACTS a) The Bylaws of the Board empower the Directors to enter into Data Service Contracts with those individuals, firms, or agencies whose activities parallel, enhance, or provide services to the Real Estate Industry. Such individuals, firms, or agencies as government agencies, chartered banks, credit unions, trust companies, loan or mortgage companies, or any individual holding an accreditation relevant to the profession of real estate, such as FRI, R.I.(B.C.), AACI, CPM, CRA, or any other designation recognized by the Canadian Real Estate Association from time to time shall be eligible. b) In order to obtain access to Board information it will be necessary for a Contract for said services between the Board and the Contractor. A signed Data Service Contract, accompanied by all necessary fees together with proof of eligibility, must be submitted to the Board. Said Contract for services shall be considered at the next regular meeting of the Directors. The Directors may: I. accept or reject the application; II. request further information or investigation of the application; or III. upon receipt of further information or the results of the investigation, accept or reject the application. c) Accepted Data Service Contracts shall be executed on behalf of the Board in accordance with Section 68 of the Board s Bylaws. d) The fee payable in order to initiate a Contract shall be in accordance with the attached Schedule. Monthly fees for the principle user and any additional users at the same address shall be in accordance with the attached Schedule. e) Evidence of any breach of the terms of the Data Service Contract shall be presented to the Directors at their next regular meeting and they may cause the Contract to be terminated.

6 Okanagan Mainline Real Estate Board Regulations Page COLLECTION AND REMITTANCE It shall be the responsibility of the Licensee who is a member of the Board to remit directly to the Board fees, dues, levies and other payments due under these Regulations or the Constitution and Bylaws of the Board. 3.9 BILLING AND COLLECTION PROCEDURES a) The Board Office will send invoices on the first working day of the month to the member at the address shown on the records of the Board for the member. The invoice will include Fees-For-Service for the current month and any miscellaneous charge for the previous month. Invoices shall be prepared on an individual member basis and copies may be consolidated by the Board and delivered to a Representative/Managing Broker for all members whose license is subrogated to the Representative/Managing Broker. b) The invoice is considered due and payable upon receipt. If a member fails to clear their account by noon of the last working day of the month: 1) the member s MLS Services including SentriCard access will be suspended; 2) a $25.00 late payment fee will be added to the following month s account and; 3) in the case of a second or subsequent late payment offence within a 12 month period, an additional penalty of $100 will be assessed to the member s account. (Revised 05/20/04) c) Delinquent Invoices issued the following month will be copied to the Representative/Managing Broker. A notice to the Representative/Managing Broker will be sent advising that the account must be cleared by the Representative or the member on or before the next scheduled Board meeting to avoid suspension of the Representative/Managing Broker s MLS Services as per OMREB Board Bylaws Section 14 Expulsion or Suspension. (Revised 10/18/01) d) The Board of Directors will review a Delinquent Accounts Report during the Membership and Professional Standards Agenda Item at their next regularly scheduled meeting. The Directors will make an appropriate motion according to Section 14 of the OMREB Bylaws. During the summer months, the Executive Committee of the Board will deal with any outstanding accounts via conference call. e) Representative/Managing Brokers will receive notification immediately following the Board meeting of the Board s motion. Representative/Managing Brokers shall also be informed of Section 24, Reinstatement of Members Suspended or Expelled for Non-Payment of Amounts Owing. f) Service Fees will continue to apply to suspended members and Representative/Managing Brokers until such time as proof of the salesperson license surrender has been provided to the Board. g) Any cheque returned NSF will incur a $25.00 service charge. h) A Representative member whose services have been terminated due to the suspension of a subscriber who is an Representative/Managing Broker, can have the member s services reinstated at a new office, provided that the member is not in default of the member s obligations under these Regulations, upon notice to the Board of the transfer of the member to the new office. (Revised 10/18/01)