A 32-page guide for association leaders, executives and counsel.

Association meetings bring competitors together, so association leaders need to know where the antitrust lines are. This guide helps elected leaders and staff spot sensitive conduct and discussions early and rule them out of order before they become liability. It is meant to support your association’s own legal counsel, not replace it.

What’s Inside

• Conducting association meetings: agendas, prohibited discussions, minutes, hearings and informal meetings
• “Board of Choice” practices: competition among associations, market allocation, mergers, and MLS and regional MLS fees
• Association records: retention policies, why “private” files are a risk, and protecting attorney-client privilege
• Association and MLS forms: provisions that should never be preprinted
• MLS access policies for nonmembers
• Association advertising publications and how to avoid an illegal boycott
• Working with association counsel
• State or federal antitrust investigations: a step-by-step response procedure
• Grievance and arbitration proceedings
• Association liability for volunteer leaders
• Proper application of the NAR dues formula
• Antitrust Compliance Quiz: eight true/false scenarios with answers, ready for leadership orientation

Who It’s For

• Association executives and staff
• Elected officers, directors and committee chairs
• Association legal counsel

Frequently Asked Questions

What should staff do if a government investigator shows up unannounced?
The guide lays out a step-by-step procedure, from verifying the investigator’s identity to routing every communication through association counsel.

Can the association be liable for what volunteer leaders do?
Yes. The guide explains why an association can be held liable when volunteer leaders act with its apparent authority, even if they act against association policy, and what safeguards to put in place.

Is there a version for brokers and agents?
Yes. The Antitrust Compliance Guide for REALTORS® covers commission and listing policies, a sample office compliance policy and an antitrust self-test.

Sold in packages of five (5) guides. Item #126-1094. Also available as a digital download.