Code of Ethics and Arbitration Manual: 2024 Changes

ORLANDO, Fla. – Dear Shannon: I serve as our local association Professional Standards Administrator, and some say I’m a bit of a professional standards geek. Which, frankly, I’m proud of. I know that the Code of Ethics has been around for over 100 years; I know the Code of Ethics and Arbitration Manual isn’t a static document and changes along with the industry; I know changes usually take place at the beginning of the calendar year.

So that’s my question: Are there any January 2024 changes this year to the Code of Ethics and Arbitration Manual? Thanks for any updates. – Tell Me What’s New

Dear Tell Me What’s New: Thank you for the question. Professional Standards Administrator is a crucial role, and I’m sure your local association appreciates all the work you do.

You are correct: The Code of Ethics was adopted in 1913 as a commitment to professionalism. And yes, it’s a living document that evolves with the real estate industry, and changes generally go into effect on Jan. 1 of each year. In fact, you’ll be able to see the updates in the manual itself. To make transitions easier, all changes are shaded in grey within the manual.

There are quite a few changes for 2024 Professional Standards that I think you and your fellow professional standards enthusiasts will appreciate, so buckle up!

Note: The first four changes are related and mandatory.

Also note: Underlining indicates additions and strikeouts indicate deletions.

1. Amend Part Four, Section 20, as follows:
   Appeals of dismissals shall be heard at the Directors’ next regularly scheduled meeting or a special meeting designated for that purpose, as soon as practical but no later than ten (10) thirty (30) days after receipt of the appeal.
2. Amend Part Nine, Section 42, as follows:
   Appeals of dismissals/classifications shall be heard at the Directors’ next regularly scheduled meeting or at a special meeting designated for that purpose, as soon as practical but no later than ten (10) thirty (30) days after the date of receipt of the appeal.
3. Amend Part Ten, Section 45, as follows:
   The written appeal and those materials and information which were available to the Grievance Committee or the arbitration Hearing Panel when the decision to discontinue arbitration was made will be presented to the Directors and considered with the appeal at the Directors’ next regularly scheduled meeting or a special meeting designated for that purpose, as soon as practical but no later than ten (10) thirty (30) days after the date of receipt of the appeal.
4. Amend Part Ten, Section 47, as follows:
   The appeal shall be heard at the next regularly scheduled meeting designated for that purpose, as soon as practical but no later than ten (10) thirty (30) days after the date of the appeal.

Why change these amendments? They address a pain point for local associations that handle a large amount of grievances by creating a more reasonable timeframe for processing appeals while maintaining the emphasis on timeliness and due process.

National Association of Realtors® (NAR) Professional Standards Committee approved the following changes to the Code of Ethics and Arbitration Manual

1. Amendments to Pathways to Professionalism.
2. Clarifying modifications to Form #E-20: Notice to Respondent (Ethics) and Optional Waiver of Right to Hearing – related to the expedited process.
3. Amendments to the Chairperson’s Procedural Guides – to remove the option of swearing in people who will testify and instead allows them to affirm that they will tell the truth.
4. Amendments to PS Policy Statement #54 – to clarify that ombuds and mediators are included in safety considerations.
5. Amendments to Part One, Section 10 – to clarify the role of the Professional Standards Administrator.
6. Minor amendments to sections of the Manual – to address the 180-day complaint timeframe to use consistent language throughout.
7. A clarifying amendment to Part Four, Section 20(e) – that clarifies an individual cannot join an association if they have an outstanding discipline pending resulting to a violation of the Code.
8. One new Case Interpretation related to Article 1.
9. Amendments to Section 23(j) – that clarify existing policy on distributing the final action by the Board of Directors after a Professional Standards hearing.
10. Amendments to PS Policy Statement #2 and Part Ten, Section 44(a), Subsection 1 – to make it clear that Realtor® non-principals who are affiliated with a party to arbitration and have a financial interest in the outcome may be present through the hearing and participate at their broker’s discretion.
11. Amendments to PS Policy Statement #52, Appendix VI to Part Ten of the Manual and relevant forms – to allow greater flexibility in offering mediation (prior to or after a grievance committee reviews an arbitration request) and to reiterate the benefits of mediation.
12. Two new Code Comprehension documents clarifying Standards of Practice 1-16, 3-8, 3-9, and 3-10.
13. Amendments to the Chairperson’s Procedural Guides – to remove gendered language and add verbiage from the virtual guides for consistency. All outlines for procedure will similarly be revised.
14. Amendments to Section 14 and any relevant NAR resources – to clarify the probationary period for disciplined members, making it clear that directors can impose suspended discipline if the bad act occurred during the probationary period, even if the decision is finalized by the directors outside the probationary period.
15. Amendments to Part Four, Section 20(b) – stating that members of the Board of Directors who refer a complaint back to the Grievance Committee should not also serve on the tribunal that finalizes the decision.
16. Amendments to sections of the Manual – to confirm that the Hearing Panel Chair (not the hearing panel) has the authority to determine questions of relevancy and obligations of witnesses.
17. Amendments to Section 23 of the Manual and Form E-12 – to clarify that the Board of Directors has the ability to dismiss one or more Articles from a decision without dismissing the complaint in its entirety.
18. Amendments to allow the portion of Part Eleven of the Manual, titled “Selection of Panel” and “The Award,” to be adaptable to local policy – This relates to how hearing panels and procedural review tribunals are composed.
19. Amendment to Appendix VII, Part Four – to clarify that hearing panels may consider prior violations beyond three years at their (and/or the association’s) discretion.
20. Minor amendments to Forms A-1, A-2, and A-4 – to add a definition of “Realtor® Principal” and a line to list names of witnesses other than the Realtor® non-principal who have a vested financial interest in the outcome of the proceeding.

Whew, that’s a lot of change!

Take heart. Remember all changes will be shaded in grey in the manual, so you’ll know what’s new.

Thank you for the question. Happy New Year!

Shannon Allen is an attorney and Florida Realtors Director of Local Association Services
Note: Advice deemed accurate on date of publication

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