the realtor® voice$12,025 to the boys and girls clubs of new mexico. ranm presented the check...

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REALTOR® Voice THE Volume 19, Edition 3, Third Quarter 2016 Published by the REALTORS® Association of New Mexico The Voice for Real Estate in New Mexico 2017 RANM Officers Elected Congratulations to 2017 RANM Officers elected dur- ing Fall Conference. Victoria Murphy of Santa Fe was confirmed as 2017 President. Connie Hettinga of Las Cruces was elected President-Elect and Paul Wilson of Greater Albu- querque was elected Treasurer. District Vice Presidents elected for two year terms include Todd Clarke, CARNM, Central DVP; Paul Romero, Taos, NE DVP; and James Russ II, Ruidoso, SW DVP. ese officers join Pat Fell, Silver City, Immediate Past President; Ben Lyons, San Juan County, NW DVP; and Bill Davis, Roswell, SE DVP as the 2017 RANM Executive Committee. Other election results: Richard Randals, Tucumcari, Individual Director and Baro Shalizi, NAR Direc- tor. Housing Summit key- note speaker Colonel Mike Mullane joins RANM President Fell to draw raffle winners. Colvin Honored as 2016 ROTY Cathy Colvin, from Albuquerque, was honored as recipient of the REAL- TORS® Association of New Mexico’s highest honor – being named 2016 REALTOR® of the Year. anks to your generous support, RANM donated $12,025 to the Boys and Girls Clubs of New Mexico. RANM presented the check during a statewide meet- ing of Boys and Girls Clubs of New Mexico officials held in Las Cruces. Over $12,000 Raised While the real winners are the kids, raffle win- ners also benefited from our fundraising. Christina Jones, VP of BGCA, Pat Fell, David Oakeley, and Glenn Rosenbaum, Chair of the Boys and Girls Clubs of New Mexico Area Council. Congratulations to:: Coletta Ray, Clovis $5000; Tina Deer, Alamogordo, $2500; and Tim Scott, Cloudcroſt, $1000 RANM is pleased to have joined NAR in support of the Boys and Girls Clubs as our community project this year. continued on page 7

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Page 1: THE REALTOR® Voice$12,025 to the Boys and Girls Clubs of New Mexico. RANM presented the check during a statewide meet-ing of Boys and Girls Clubs of New Mexico officials held in Las

REALTOR® VoiceTH

EVolume 19, Edition 3, Third Quarter 2016 Published by the REALTORS® Association of New Mexico

The Voice for Real Estate in New Mexico

2017 RANM Officers ElectedCongratulations to 2017 RANM Officers elected dur-ing Fall Conference.

Victoria Murphy of Santa Fe was confirmed as 2017 President. Connie Hettinga of Las Cruces was elected President-Elect and Paul Wilson of Greater Albu-querque was elected Treasurer.

District Vice Presidents elected for two year terms include Todd Clarke, CARNM, Central DVP; Paul Romero, Taos, NE DVP; and James Russ II, Ruidoso, SW DVP.

These officers join Pat Fell, Silver City, Immediate Past President; Ben Lyons, San Juan County, NW DVP; and Bill Davis, Roswell, SE DVP as the 2017 RANM Executive Committee.

Other election results: Richard Randals, Tucumcari, Individual Director and Baro Shalizi, NAR Direc-tor.

Housing Summit key-note speaker Colonel Mike Mullane joins RANM President Fell to draw raffle winners.

Colvin Honored as 2016 ROTYCathy Colvin, from Albuquerque, was honored as recipient of the REAL-TORS® Association of New Mexico’s highest honor – being named 2016 REALTOR® of the Year.

Thanks to your generous support, RANM donated $12,025 to the Boys and Girls Clubs of New Mexico. RANM presented the check during a statewide meet-ing of Boys and Girls Clubs of New Mexico officials held in Las Cruces.

Over $12,000 Raised

While the real winners are the kids, raffle win-ners also benefited from our fundraising.

Christina Jones, VP of BGCA, Pat Fell, David Oakeley, and Glenn Rosenbaum, Chair of the Boys and Girls Clubs of New Mexico Area Council.

Congratulations to:: Coletta Ray, Clovis $5000; Tina Deer, Alamogordo, $2500; and Tim Scott, Cloudcroft, $1000

RANM is pleased to have joined NAR in support of the Boys and Girls Clubs as our community project this year.

continued on page 7

Page 2: THE REALTOR® Voice$12,025 to the Boys and Girls Clubs of New Mexico. RANM presented the check during a statewide meet-ing of Boys and Girls Clubs of New Mexico officials held in Las

RANM 2017 Officers ...................................................................................BGCA Raffle Success ...................................................................................NMREC Regulations Change ......................................................................From Your President ...................................................................................NM Housing Summit/Fall Conference ........................................................From Your CEO/Get Informed and Vote! ....................................................2016 RPAC Contributions ............................................................................ROTY and Leadership Award Winners .......................................................Legal Corner/Odds and Ends from RANM Legal Update ............................Growth and Involvement Session 1 ............................................................Governmental Affairs/Meeting Goals ......................................................... RPAC-NM ...................................................................................................Core Standards ..........................................................................................Election Results ..........................................................................................Benevolent/S.H. Mathis Auction ................................................................

RANM REALTOR® Voice | Third Quarter 2016 | Page 2

Highlights in this IssuePage 1Page 1Page 2Page 3Page 4Page 5Page 6Page 7Page 8Page 12Page 13Page 14Page 15Page 16Page 17

Upcoming Events

educateinnovate

Orlando2016

REALTORS®

Conference&ExpoNovember 4 - 7, 2016 | Orlando, Florida

Register nowREALTOR.org/Conference

RANM Leadership, Legislative, and Business Meetings

January 25-27, 2017, Santa Fe

From NMREC

Rules and Regulations Changes Take Effect January 1, 2017Adopted changes to Broker Duties, NMCA 16.61.19.8, will NOT take effect January 1, 2017. New revisions to Broker Duties are being proposed. The new proposed language will be published in December and considered at the January NMREC meeting.

Recommendations from the Qualifying Broker (QB) Task Force, which was charged with increasing QB supervision requirements will also be published in December and considered in January.

If you will be renewing your license in January, February, March, 2017,

etc. you will be required to have 36 CE hours to renew.

Page 3: THE REALTOR® Voice$12,025 to the Boys and Girls Clubs of New Mexico. RANM presented the check during a statewide meet-ing of Boys and Girls Clubs of New Mexico officials held in Las

From Your President

Pat Fell2016 RANM President

And Here’s What Happened at Fall Conference . . .

RANM REALTOR® Voice | Third Quarter 2016 | Page 3

The New Mexico Housing Summit and RANM Fall Conference was fan-tastic! We listened to high quality speakers, had a huge variety of classes to attend, numerous vendors, and enjoyed lots of good meals and networking!

RANM’s Annual Membership Meeting was held right before the Board of Directors’ Meeting Monday afternoon. The Membership approved one By-law change to allow the deadline for officer applications to be extended from April 1 to May 15.

Elections were held - congratula-tions to the new RANM officers and Stanley H. Mathis Trustees and NM-MLS Directors.

We are pleased to announce that Instanet will remain RANM’s member benefit transaction management system and forms provider with another 3 year contract to begin January 1, 2017. RANM forms will continue to be made available through Dotloop and ZipForms for members that prefer these systems. Building PAG chair Todd Clarke presented a proposal to list and sell the RANM building in Santa Fe putting RANM in a better position to pur-chase the right property when it comes available. The motion to sell the building was approved, plus two other motions were approved to hire James Wheeler with Commercial Properties to list the property and give the Exec Committee authority to list and negotiate to sell and purchase.

The policy amendments to Attachment 7, REALTOR® of the Year Com-mittee and Selection Process were approved as presented.

A motion for proposed changes to Attachment 20 of RANM Policy for the Mediation Com-mittee failed. Another motion was made for the President to appoint a Task Force to develop Bylaws and Policy to dissolve the Mediation Committee and fulfill RANM’s obligation to provide mediation through outsourcing and hiring professional mediators when needed. This motion was approved.

The Celebration Banquet was that and more! Congratulations to Cathy Colvin and Marketta Damonte! It

was awesome to be able to rec-ognize the chairs of all Commit-tees, the Executive Committee, and RANM staff for all their hard work and commitment to RANM this year – what special

people they are in my book! We also had fun and raised money through the Silent and Live Auctions. The wine cooler appeared again and continues to raise money for Stanley H. Mathis Foundation and Benevo-lent Fund!

It’s been a busy and productive year so far and I appreciate all of you who continue to work together REACHING OUT and moving RANM forward in 2016!

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RANM REALTOR® Voice | Third Quarter 2016 | Page 4

N.M. Housing Summit/RANM Fall Conference Elliot Eisenberg lived up to his “you’ve never heard an economist like this one” introduction as kick-off speaker for this year’s New Mexico Housing Summit. RANM was again a partner for the Summit and combined our fall conference meetings with Summit events.

Bill McGowan of the Clarity Media Group and Colonel Mike Mullane, Mission Specialist, NASA, served as other keynote speakers and there were over 50 breakout sessions for housing professionals offered during the event.

RANM business meetings included district caucuses, annual membership meeting, board of direc-tors meeting, and two continuing education sessions. Our celebration banquet honored 2016 RANM volunteers.

Page 5: THE REALTOR® Voice$12,025 to the Boys and Girls Clubs of New Mexico. RANM presented the check during a statewide meet-ing of Boys and Girls Clubs of New Mexico officials held in Las

From Your CEO

M. Steven Anaya, RANM Chief Executive Officer

Get Informed and Vote!

RANM REALTOR® Voice | Third Quarter 2016 | Page 5

continued on page 6

2016 is a busy year for election and REAL-TOR® advocacy. Get informed. Support can-didates who support REALTOR® issues and vote in favor of public policies that protect your business, community and the rights of private property owners. Our Votes Matter!

The 2016 General Election is Tuesday, Novem-ber 8. Important dates you need to know:

October 11 – Last day to update or submit your registrationOctober 11 – Absentee Voting Begins Registered voters may vote in person at the county clerk’s office.October 22 – Early Voting Begins Check with your local county clerk’s office for early voting locations and hours.November 4 – Last day to mail absentee ballotsNovember 5 – Early Voting ends

You do not need to present a photo ID to vote – however, if you did not present a valid form of identification with your mailed-in, first-time registration, you will be required to present a valid ID when voting in person or absentee.

You’ll find complete voting infor-mation and resources on the New Mexico Secretary of State’s web-site.

The General Election isTuesday, November 8, 2016

RPAC-NM 2016 Contributions

RANM Staff works on third quarter updates for the Strategic Planning Committee. RPAC-NM is RANM’s non-

partisan political action commit-tee. RPAC-NM Trustees voted to provide campaign contributions to 105 New Mexico Legislative candidates this year.

Criteria for support includes, but is not limited to, a candidate’s past support of RANM legislation, incumbency, leadership positions,

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RANM REALTOR® Voice | Third Quarter 2016 | Page 6

2016 RPAC-NM Contributionscontinued from page 5

and electability. RPAC-NM also supports candidates who are REALTORS®.

Below is a list of all RPAC-NM supported candidates in the 2016 primary and general elections.

New Mexico House of Representatives

H1 Rodney Montoya (R)H2 James Strickler (R)H3 Paul Bandy (R) H4 Sharon Clahchischilliage (R)H5 Doreen Johnson (D)H6 Eliseo Alcon (D)H7 Kelly Fajardo (R)H8 Alonzo Baldonado (R)H9 Patricia Lundstrom (D)H10 G. Andres Romero (D)H11 Javier Martinez (D)H12 Patricio Ruiloba (D)H13 Patricia Caballero (D)H15 Sarah Maestas Barnes (R)H16 Antonio “Moe”Maestas (D)H17 Deborah Armstrong (D)H18 Gail Chasey (D)H19 Sheryl Stapleton (D)H21 Debra Sarinana (D)H22 James Smith (R)H23 Paul Pacheco (R)H25 Christine Trujillo (D)

H26 Georgene Louis (D)H27 Lorenzo “Larry” Larranaga (R)H28 Jimmie Hall (R)H29 David Adkins (R)H30 Nate Gentry (R)H31 Bill Rehm (R)H32 Candie Sweetser (D)H33 Bill McCamley (D)H34 Bealquin Bill Gomez (D)H35 Angelica Rubio (D)H36 Andy Nunez (R)H37 Terry McMillan (R)H40 Nick Salazar (D)H41 Debbie Rodella (D)H42 Roberto Gonzales (D)H43 Stephanie Garcia-Richards (D)H44 Jane Powdrell-Culbert (R)H45 Jim Trujillo (D)H46 Carl Trujillo (D)H47 Brian Egolf (D)H48 Linda Trujillo (D)H49 Don Tripp (R)

H50 Matthew McQueen (D)H51 Yvette Herrell (R)H52 Doreen Gallegos (D)H53 Ricky Little (R)H54 James Townsend (R)H55 Cathrynn Brown (R)H56 Zachery Cook (R)H57 Jason Harper (R)H58 Candy Ezell (R)H59 Greg Nibert (R)H60 Tim Lewis (R)H61 David Gallegos (R)H62 Larry Scott (R)H63 George Dodge (D)H64 Randal Crowder (R)H65 Derrick Lente (D)H66 Bob Wooley (R)H67 Dennis Roch (R)H68 Monica Youngblood (R)H69 Harry Garcia (D)H70 Tomas Salazar (D)

S2 Steven Neville (R)S3 John Pinto (D)S4 George Munoz (D)S5 Richard Martinez (D)S6 Carlos Cisneros (D)S7 Pat Woods (R)S8 Pete Campos (D)S9 John Sapien (D)S10 Candace Gould (R)S11 Linda Lopez (D)S12 Gerald Ortiz y Pino (D)S13 Bill O’Neill (D)S14 Michael Padilla (D)S15 Daniel Ivey-Soto (D)

New Mexico Senate

S16 Cisco McSorley (D)S18 Lisa Torraco (R)S19 James White (R)S20 William Payne (R)S21 Mark Moores (R)S22 Benny Shendo Jr. (D)S23 Sander Rue (R)S24 Nancy Rodriguez (D)S25 Peter Wirth (D)S26 Jacob Candelaria (D)S27 Stuart Ingle (R)S28 Howie Morales (D)S29 Michael Sanchez (D)S30 Clemente Sanchez (D)

S31 Joseph Cervantes (D)S32 Cliff Pirtle (R)S33 Bill Burt (R)S34 Ron Griggs (R)S35 John Arthur Smith (D)S36 Jeff Steinborn (D)S37 Ceil Levantino (R)S38 Mary K. Papen (D)S39 Ted Barela (R)S40 Craig Brandt (R)S41 Carroll Leavell (R)S42 Gay Kernan (R)

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RANM REALTOR® Voice | Third Quarter 2016 | Page 7

A member of numerous committees for the Greater Albuquer-que Association of REALTORS®, she served as President in 2006 and was named their Salesperson of the Year in 2006 and their REALTOR® of the Year in 2008. She has earned her Certified Residential Specialist (CRS) designation and was New Mexico CRS Chapter President in 2009.

A member and chairman of a long list of RANM committees, from 2007 to 2009 Cathy served as Central District Vice Presi-dent and was RANM President in 2013.

Damonte Named Leadership Award Recipient

2016 ROTYcontinued from page 1

Marketta Damonte of Albu-querque is the 2016 recipient of RANM’s Peggy Comeau Leader-ship Award.

This Award was established in honor of former RANM EVP Peggy Comeau. It is given to a member, who has not served as RANM President or been hon-ored as RANM ROTY, to rec-ognize his/her loyalty and selfless

A 2013 graduate of the NAR Leadership Academy, she has served as an NAR Director and chair of the Risk Management Committee. In 2018 she will serve as NAR Region XI Vice President.

Cathy serves her community as a volunteer and supporter of St. Martin Hospitality Center Homeless Shelter and Casa Angelica Auxiliary.

contributions to RANM.

Marketta has been serving the

REALTOR® community for over 35 years. She has served on many RANM Committees as well as being a member of the New Mexico Real Estate Com-mission’s (NMREC) Education Steering Committee. Damonte is an NMREC approved instructor for over 20 continuing education classes for licensees and was in-strumental in setting up RANM’s new Ombudsman program.

As New Mexico’s ROTY, she will be honored with other state REALTORS® of the Year during the National Association of REALTORS® Annual Convention, November 2-7, 2016 in Orlando, Florida.

The RANM REALTOR® of the Year is awarded each year to an outstanding leader who has committed time, talent, and expertise to the REALTOR® organization, their community, and to furthering the real estate profession.

Cathy’s real estate career begin in 1993. Besides helping countless families find new homes, she quickly became involved in the local, state, and national REALTOR® organizations.

Page 8: THE REALTOR® Voice$12,025 to the Boys and Girls Clubs of New Mexico. RANM presented the check during a statewide meet-ing of Boys and Girls Clubs of New Mexico officials held in Las

Legal Corner

Odds and Ends from RANM Legal Update

Legal Corner is researched and written by Ashley Strauss-Martin, RANM

General Counsel

RANM REALTOR® Voice | Third Quarter 2016 | Page 8

At the Legal Update presented at the RANM Annual Conference, I discussed the changes to the New Mexico Real Estate Commission (NMREC) regulations (which will take effect January 1, 2017 and are covered in the “From NMREC” section of last quarter’s RANM Voice), the new and amended RANM forms that were released last month, Le-gal HotLine issues, and case law from around the nation.

Please note that changes to Broker Duties, NMCA 16.61.19.8, which were previously adopted, will NOT take effect January 1, 2017. Instead, new revisions to Broker Duties are being proposed; the new proposed language will be published in December and considered at the January meeting of the NMREC. Also published in December and considered in January will be recommendations from the Qualifying Broker (QB) Task Force, which was charged with increasing QB supervision requirements.

Same Law, New Interpretation - Auctions

Under the Real Estate Brokers Act, a broker is defined, in part, as anyone who for compensation auctions or offers to auction real estate or who advertises or makes any representation as being engaged in the business of auctioning real estate for others.

Until recently, the NMREC has taken the position that as long as a real estate broker is involved in the auction process, it is not necessary for the real estate broker to actually conduct the auction; however, the New

Mexico Attor-ney General has recently issued an opinion that states in order to auction real property in New Mexico, you must have a New Mexico real estate broker’s license.

Consequently, auction companies that do not have a New Mexico real estate broker auctioning the real property are in violation of the law; such activity is a fourth de-gree felony and should be reported to the NMREC.

Legal HotLine Issues – BE AWARE . . .

Third-Party Injuries on Property

BE AWARE, the standard Errors and Omissions (E and O) Insur-ance will NOT cover you if the following should occur:

You have listed a property for sale or you are showing a prop-erty listed by another broker. A prospective buyer visiting the property trips on loose carpet on stairs, tumbles down the stairs and sustains injuries. The prospec-tive buyer brings suit against the owner, the listing broker and the buyer broker. You call your E and O Insurance carrier and learn that your E and O does NOT cover you for physical injuries sustained

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continued on page 10

RANM REALTOR® Voice | Third Quarter 2016 | Page 9

RANM’s LEGAL HOTLINEContact the Hotline:Call toll free: 1-877-699-7266In Albuquerque: 505-821-1583

E-mail your question to: [email protected]

Hotline Hours: 9:00 a.m. to 1 p.m. * Monday through Friday

(excluding holidays)

The RANM Legal Hotline is a MEMBER ONLY service designed to answer your legal questions about many diversified areas of today’s real estate industry.

by a third party on property you have listed or that you were showing.

Unless you have alternative insurance, you are paying out-of-pocket to defend that lawsuit and for any damages awarded by the court. THE TAKE-AWAY: confirm you have insurance in place to cover this type scenario.

As a side note, the revised RANM listing agreement released last month requires that the seller maintain homeowner’s in-surance, which includes premise liability, but how often are you, as a listing broker, asking for proof of the policy. Also, the revised Listing Agreement includes an indemnification provi-sion that states that owner must indemnify you (reimburse you for any damages incurred), if you should get sued in such a situation. However, if the seller is not willing to write the check, such provision will require you to enforce the Indemnification provision of the Listing Agreement. If you should have to hire an attorney to assist you and you prevail in your suit against the seller, per the Listing Agreement, you would be entitled to an award of attorney fees and costs, in addition to damages.

90 Days Rules

When listing a property that has been “flipped” (a term commonly used with an investor purchases a home in need of work, rehabs the home and then places it back on the market for sale in a short amount of time), BE AWARE the FHA “Flipping” Rule requires the seller to have been the owner (on title) for at least 90 days before that property can be sold again.

In other words, at least 90 days must pass before the seller is able to ac-cept an offer (go UNDER CONTRACT). THE TAKE-AWAY – List-ing brokers: in the case of FHA financing, DO NOT represent in the MLS listing or elsewhere that the property may be purchased with a FHA loan if the seller has not been the owner for at least 90 days.

Also, BE AWARE that when a buyer purchases an REO from Fannie

Mae and Freddie Mac that buyer is prohibited from reselling the property to anyone for more than 20% above purchase price for 90 days. A buyer of such REO prop-erty, may resell within 90 days of purchase, as long as the resale is

no more than 20% above that for which the property was purchased; after 90 days from the original purchase, the property may be sold for any amount - without restric-tion on price.

THE TAKE AWAY: In the case of properties bought as REOs from Fannie or Freddie, do not advertise the property is available for purchase until the 90 days have passed UNLESS the property is being resold for no more than 20% above the purchase price of the property.

Building Permits

Listing a home with an addition or substantial remodel? Repre-senting a buyer who is purchasing such a property? BE AWARE that many of the municipalities have ordinances that require that the owner have a permit for that addition or remodel, regardless of when the work was done.

In the event the owner does not have the permit and assuming no record of the permit is on file with the municipality, the municipal-ity may require that the addition/remodel be in compliance with

Click here for Ashley’s Power Point Slides from September’s Legal Update

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RANM REALTOR® Voice | Third Quarter 2016 | Page 10

the CURRENT building code, even if the addition/remodel was done years earlier. If the municipality inspects the addition/remodel and finds that it is not up to current code, they may “red tag” the addition/remodel, prohibiting its use until it is brought up to current code. In addition, the municipality may initiate a lawsuit against the owner, forcing the owner to bring the addition/remodel into compliance.

Of course, if the owner can produce the original permit, then in most cases, the addition/remodel need only meet the code that was applicable at the time the work was done.

THE TAKE AWAY: To Listing Brokers: find out the status of the permit(s) for an addition/remodel at the time of listing. If the seller is un-able to produce the permit obtained for the work, the fact that no permit exists MUST be disclosed to potential buyers. To Buyer’s Brokers: obtain from the Listing Broker a copy of all permits obtained for additions/re-models.

Solar Panels

Involved in the sale of a home with solar panels? You should be asking who owns those panels. If the panels are being financed, and if the pan-els are staying with the home, BE AWARE the buyer will likely have to qualify with the financing company to assume the solar panels’ loan.

If those panels are not staying the home, BE AWARE, the financing company will likely only allow the panels to be moved to another prop-

erty; the panels cannot simply be returned. In the latter case, the debt remains attached to the home until the seller has indi-cated another home to which the panels are to be moved (finance company generally has filed a lien or similar document that gives the title company pause).

THE TAKE AWAY: If you leave these is-

sues to closing, closing will likely be delayed. Make the inquiry when taking the listing and deter-mine what may need to be done - depending on whether the panels are being sold with the property or the seller is taking the panels - long before closing.

National Issues

FHA Condo Rules Revised

On July 29, 2016, President Obama signed H.R. 3700 – the Housing Opportunity Through Modernization Act - which in-cluded a directive to the FHA to lessen the requirements for FHA financing on condominiums.

In summary, the new rules are to decrease owner-occupied require-ment from fifty percent (50%) to thirty-five percent (35%), to streamline the FHA Condomini-um Certification Process, to relax the prohibition against transfer fees, and to take into account the norms of the geographic area in assessing mixed-use condomini-ums to allow more FHA financing for these-type projects. For more information, see realtor.org.

Department of Labor Rules Revised

The U.S. Department of Labor has updated its regulations that govern employee compensation for hours worked in excess of the standard 40-hour work week. Unless the employee makes a minimum salary of $47,476 annually, the employer MUST pay overtime compensa-

continued from page 9Legal Update

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RANM REALTOR® Voice | Third Quarter 2016 | Page 11

tion for any hours worked over forty (40) a week; the previous salary limit was $23,660.

Up to ten percent (10%) of the minimum salary level may be satisfied with non-discretionary payments, bonuses, and commissions that are paid at least quarterly. This new minimum salary will automatically increase every three years. The new rule takes effect December 1, 2016. For more information, visit realtor.org.

HUD Guidance on Use of Criminal Records by Housing Providers

Many property managers conduct criminal background checks on rental applicants. Some property managers use the information learned from such a search to determine whether the applicant will be accepted as a tenant.

Based on the U.S. Supreme Court’s decision in Texas Department of Housing and Community Affairs (TDHCA) v. Inclusive Communities Project, Inc, housing providers must be cautious in applying a blanket policy that denies rental opportunities to convicted felons.

In the TDHCA case, the Court held that a plaintiff could maintain a cause of action under the Fair Housing Act under the theory of Disparate Impact. In summary, under the Theory of Disparate Impact, a claim of discrimination may be sustained even if the plaintiff was not directly dis-criminated against if the plaintiff, who is a member of a protected class, can demonstrate that a non-discriminatory rule or policy when applied has the effect of discriminating against that protected class. For example, landlords who conduct criminal background checks and use the results to deny housing to felons may be discriminating, though not directly, against a protected class.

While the class of “felons” is not a protected class, the landlord may be inadvertently discriminating against a certain gender or a certain race by denying housing to all felons. While this may not have been the land-

Legal Corner provides a limited and general discussion of some, but not all, aspects of issues that is intended but not guaranteed to be accurate as of the date published. This information may become outdated and it is the responsibility of the user to determine if it is current. No summary of the law is a substitute for legal advice with respect to a particular matter. No attorney-client relationship is intended or implied. If legal advice is required, the services of a competent attorney should be obtained. RANM members are cautioned against engaging in the unauthorized practice of law by advising a consumer of legal rights and obligations or by applying the law to particular facts and circumstances. © 2016 REALTORS® Association of New Mexico .

lord’s intent, the fact that it oc-curred, intended or not, creates the cause of action. Due to the Court’s decision TDHCA, HUD has is-sued guidance on how to evaluate a Criminal History Policy to de-termine if it has a discriminatory effect and how to use Criminal History Policies in a manner that is less likely to expose the landlord to a claim of discrimination under the Disparate Impact theory. For more information, visit realtor.org.

Follow RANMBe the first to know about RANM events, new programs, and news.

Visit nmrealtor.com and our social media pages often!

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RANM REALTOR® Voice | Third Quarter 2016 | Page 12

Growth and Involvement Session 1 is in the Books!RANM’s new Growth and Involvement Program participants have completed their first session and are eagerly awaiting session two the end of October.

Attendees participated in activi-ties to get to know themselves and each other, as well as learning about RANM programs, products and services; completing NAR courses Leadership 200 and Leadership 300; and discovering tips to “Present Yourself with Professionalism”.

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Governmental Affairs

Meeting Fundraising and Advocacy Goals

Governmental Affairs ar-ticles are researched and written by David Oakeley,

RANM GAD

continued on page 14

Representatives from RANM and REALTOR® Associations from Los Alamos, Espanola, Santa Fe and Taos, recently met with officials from the LANL Communities Regional Coalition on outreach efforts to potential

Most of RANM’s membership are business professional who strive to meet personal and professional goals. RANM also has goals, in this case fundraising and advocacy goals, some of them set by the National Asso-ciation of REALTORS® (NAR), and some of them self-imposed.

In order to be effective advocates at the national level, NAR asks each state to meet a set of minimum standards. RANM, in an effort to be successful at the state and local levels, asks the same of the local member boards.

At the third quarter of the year we were hoping to have met the annual REALTOR® Political Action Committee (RPAC) fundraising and participation goals, but we still have some work to do. RANM has met the NAR fundraising goal of $27,795 but as of September 30, needs approximately $15,000 to meet the 2016 RANM Challenge Goal of $132,205. Several Boards have exceeded their goals and others are very close. Some have a way to go and a few more weeks to get it done.

Of bigger concern is what NAR calls “participation”. NAR is ask-ing that 37 percent of every state association’s membership become RPAC contributors of $15 or more. Based on NAR’s numbers, New Mexico needs 2,166 par-ticipants. As of September 30 RANM has 1,989 members or 34

REALTORS® Meet with LANL Communities Coalition

employees who likely will be acquiring housing in these north central communities.

The Los Alamos National Laboratory will be filling 2,000 to 5,000 positions over the next few years and their recruitment efforts will include housing availability information in Los Alamos and the bedroom communities where many will live.

RANM has applied for a Housing Opportuni-ties Grant from NAR to help in the efforts.

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RANM REALTOR® Voice | Third Quarter 2016 | Page 14

Meeting Goalscontinued from page 13 Ben Lyons of San Juan County was elected 2017 Chair

of the RPAC-NM Trustees during their annual meeting September 20th. Richard Randals of Tucumcari will serve

2017 RPAC-NM Officers Elected

as 2017 Vice Chair and Damon Maddox of Greater Albuquerque was elected Secre-tary.

Nearly elected Trustees for 2017 include:Baro Shalizi (NE District) Teri Scott and

Debbie Rogers (SW District), and George Torres (Cen-tral District).

REALTORS® Present RPAC Checks to

Trustees reappointed for 2017 include:Victoria Murphy (NE District), Richard Randals (SE District), and Cathy Colvin and Tim MacEachen (Central District).

Contributions are not deductible for income tax purposes. Contributions to RPAC are voluntary and are used for political purposes. You may refuse to con-tribute without reprisal and the National Association of REALTORS® or any of its state associations or local boards will not favor or disfavor any member because of the amount contributed. 70% of each contribution is used by your state PAC to support state and local political candidates. Until your state PAC reaches its RPAC goal 30% is sent to National RPAC to support federal candidates and is charged against your limits under 2 U.S.C. 441a; after the state PAC reaches its RPAC goal it may elect to retain your entire contribution for use in supporting state and local candidates.

Representatives Pearce andLujan-GrishamREALTORS® gathered in Albuquerque and Alamogordo to discuss housing issues with Representative Michelle Lujan-Grisham and Representative Steve Pearce.

NAR RPAC checks were presented to both Con-gressmen.

percent. RANM has been able to meet the participation goals the last few years, but it always comes down to the finish line and we’re looking to avoid that by encourag-ing local associations to make a big push now before the holiday season.

How can you help? If you’re an officer with a member board, we suggest organizing an effort to contact all non RPAC-NM contributors. If you need a list of members who have not contrib-uted to RPAC-NM in 2016, or want to brainstorm, contact me at 505-982-2442 / 800-224-2282 (toll free); [email protected] .

If you want to contribute ($15 minimum), you can do so online (just click on graphic below).

Many questions about RANM’s mission and efforts in the area of advocacy can be answered by go-ing to our website at www.nmreal-tor.com and clicking on Govern-ment Affairs. Or call me. I’ll be happy to answer your questions.

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RANM REALTOR® Voice | Third Quarter 2016 | Page 15

Member Board volunteer leaders and AEs met in Santa Fe to participate in NAR’s Leadership200 class sponsored by RANM.

New Core Standards requirements for the third renewal cycle include annual training not only for AEs, but also for volunteers of unstaffed Boards

Meeting Core Standards Requirements

who handle duties generally done by an AE.

This class provided 3 of the annual 6 hour education require-ment.

Get to Know nmrealtor.comHave you visited RANM’s web-site lately?

It is packed with information you can use - from members’ only legal resources and minutes from committee meetings, to a link to your Instanet account.

You’ll also find a list of upcoming events and an education calen-dar filled with CE opportunities around the state two upcoming CE events you won’t want to miss include the new required commer-cial core course for licensees and two core GRI classes.

Purchase Your Pin Now.

Show yourREALTOR® Pride.Purchase a turquoise and

sterling silver REAL-TOR® pin AND support the RANM Benevolent

Fund!

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RANM REALTOR® Voice | Third Quarter 2016 | Page 16

Directors elected:Linda Knief, Taos

Deena Turner, Ruidoso/Lincoln County

Tom Whatley, Las CrucesJudy Wilson, Greater Albuquerque

Advisory Board Members elected:Michelle Martin, Las Cruces

Sandylee Pasquale, Greater Albuquerque

Officers for 2016: Kathy Faubion, President

James Russ II, Vice PresidentLinda Knief, SecretaryJudy Wilson, Treasurer

Election Results

Trustees elected:Judy Jones, Otero CountyTeresa Ramos, Las CrucesMarcia Tidwell, Roswell

Directors elected:Judy Bailey, Artesia

Melissa Skilton-Booker,Clovis/Portales

Beth Myers, Lovington

REALTORS® are required to complete ethic training of not less than 2 hours 30 minutes instruc-tional time within four year cycles. The current four-year cycle for NAR required ethics training ends December 31, 2016.

If you do not complete training by this deadline your REALTOR®

Required Ethics Training Deadline is December 31

2017 Officers for the New Mexico MLS and Stanley H. Mathis Founda-tions will be elected by their organizations later this fall.

membership will be suspended (this includes your access to forms) until the requirement is met.

Check the RANM web-site education calendar for New Mexico classes that meet the required criteria or click on the photo at right to discover

the on-line options available on realtor.org.

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RANM REALTOR® Voice | Third Quarter 2016 | Page 17

The REALTOR® Voice is published four times a year by the REALTORS® Association of New Mexico, 2201 Brothers Road, Santa Fe, NM 87505. Phone: 800-224-2282 (982-2442 in Santa Fe); fax: 505-983-8809

www.nmrealtor.com

The Voice for Real Estate in New Mexico™

Copyright 2016 REALTORS® Association of New Mexico -

all Rights Reserved.For permission to reprint

any article or portion thereof contained in this edition, call

800-224-2282

2016 RANM OfficersPat Fell, CRS, GRI, e-PRO - PresidentVictoria Murphy, ABR, AHWD, CRS, GRI, SRES - President-ElectConnie Hettinga, ABR, CRS - TreasurerM. Steven Anaya, RCE - Chief Executive Officer

Barbara Arnal - Member Services DirectorTim Buck - Information Technology SpecialistEva Maestas - Office ManagerDiane Moehlenbrink, CAE, RCE - Communications DirectorDavid Oakeley - Governmental Affairs DirectorMellanie Trujillo - Accounts Manager

Megan McFarlane - NM-MLS Administrator - 505-395-4567

Benevolent Fund/S.H. Mathis AuctionThe 6th Annual auction to benefit the RANM Benevolent Fund and Stanley H. Mathis Foundation was held as part of RANM’s Celebration Banquet.

Thanks to everyone who contributed items - and were suc-cessful bidders.

A special thanks to Tom Whatley who led the live part of our auction.

In total over $5,600 was raised. All funds will be re-invested in New Mexico REALTORS® through the RANM Benevolent Fund and Stan-ley H. Mathis Foundation

Thanks to our Banquet SponsorsRANM extends sincere gratitude to realtor.com®, the Otero County Association of REALTORS® and the Las Cruces Association of REALTORS® .