Lock Box System Rules and Regulations

of the

Youngstown Columbiana Association of REALTORS®, Inc.
Revised August, 2000

 

The SUPRA Electronic Lock Box System shall be a member service of the Youngstown Columbiana Association of REALTORS®, Inc.

 

Section 1. Membership

Every REALTOR® and non-principal broker, sales licensee and licensed or certified Appraiser who is affiliated with a REALTOR® of the Youngstown Columbiana Association of REALTORS® or who is affiliated with an MLS "Participant" of CRIS through the Youngstown Columbiana Association of REALTORS® and/or a licensed or certified Appraiser who is associated with an authorized Affiliate Member of the Youngstown Columbiana Association of REALTORS® or is an authorized Affiliate Member of the Youngstown Columbiana Association of REALTORS® is eligible to participate in the SUPRA Electronic Lock Box System of the Association and to hold a SUPRA key subject to their execution of a SUPRA lease agreement through the Association, provided they comply with all rules and regulations governing the operation of the SUPRA Electronic Lock Box System.

 

Licensed/Certified Appraiser Associated with an Affiliate Member:

Licensed or certified Appraisers associated with an authorized Affiliate Member who is in good Standing with the Association may lease a SUPRA key at the then current fee plus a one-time issuance fee of $50.00, provided a lease agreement is signed by the key holder and by a principal, partner or corporate officer of the key holder's firm.

 

Personal Assistants and Administrative/Clerical Staff:

Licensed/unlicensed personal assistants and administrative/clerical staff who are under the direct supervision of a REALTOR® of the Youngstown Columbiana Association of REALTORS® may hold a SUPRA key on the same terms and conditions as non-principal brokers and sales licensees.

 

An unlicensed assistant or clerical staffs SUPRA key will only allow them to enter their agent's or firm's listings.

 

These persons may acquire a SUPRA key provided the following requirements are met:

a.     A SUPRA lease agreement must be signed by the following people:
        1. the applicant;
        2. the sales associate or broker for whom the applicant works, if applicable;
        3. the firm's principal or office manager.

 

b.     All parties who sign the SUPRA lease agreement on behalf of an unlicensed assistant or other staff are fully and completely responsible for any non-conforming actions, misuse of equipment or service, or any outstanding fees. These parties, too, are subject to disciplinary action.

 

c.     It is the responsibility of the signed parties to notify the SUPRA System Administrator within 48 hours of termination of an unlicensed assistant or other staff person and for returning that person's SUPRA key to the association.

 

Section 2. Application Process

Eligible applicants may apply to participate in the SUPRA Electronic Lock Box System of the Youngstown Columbiana Association of REALTORS®, Inc. as follows:

               1.      Verification of membership in the Youngstown Columbiana Association of REALTORS® and/or the regional MLS, CRIS;

2.      Complete and sign the SUPRA lease agreement which spells out the responsibilities of the parties and incorporates by reference any applicable rules or
   regulations or other governing provisions of the association that relate to the operation of the lock box system;

3.      Have SUPRA lease agreement co-signed by applicable agent's broker;

4.      Lease of equipment;

5.      Payment of SUPRA key issuance fee;

6.      Payment of annual usage fee (nonrefundable).

 

The annual SUPRA key lease fee shall be in such amount as established annually by SUPRA based upon the ratio of leased SUPRA keys to leased keyboxes plus any applicable taxes and shall be due and payable on or before July 1st of each consecutive year during the term of the lease agreement. SUPRA key holders will be billed directly by SUPRA.

 

Section 3. SUPRA Electronic Lock Box and Key Equipment
Any number of lock boxes may be purchased from the Youngstown Columbiana Association of REALTORS®, Inc. at the then current SUPRA price plus any applicable tax and shipping and handling costs.

 

REALTORS® are encouraged but not required to use the SUPRA electronic lock box on listed property, however, written permission from the seller or, if applicable, any tenant in possession of the property, is required. The SUPRA electronic lock boxes are not designed nor marketed as a security system.

 

The SUPRA key may be leased from the Youngstown Columbiana Association of REALTORS®, Inc. at the then current SUPRA lease fee plus any applicable tax.

 

No one shall be required to lease a key from the association except on a voluntary basis. Possession of a SUPRA key, however, acknowledges that the key holder has read, understands, and agrees, as a condition of the lease agreement, to be bound by the Lockbox Rules and Regulations of the Youngstown Columbiana Association of REALTORS® governing the operation of the lockbox system.

 

Section 4. Transfer, Termination, Suspension of Membership

If a SUPRA keyholder transfers to a different company, the keyholder is responsible for notifying the, SUPRA System Administrator at the Association office within 48 hours of such action.

 

There is no cost to a member to transfer, but failure to comply with the transfer procedure will result in deactivation of the SUPRA key and a $25.00 charge to reactivate the SUPRA key.

 

Termination by Member:

If a SUPRA keyholder decides to: a) no longer participate in the SUPRA Electronic Lock Box System or b) no longer remains an active, licensed sales agent or licensed or certified appraiser, or c) no longer is employed by an Affiliate Member, the keyholder is responsible for notifying the SUPRA System Administrator at the association office within 48 hours of such action.

 

Termination by Association:

The Association may refuse to sell or lease a SUPRA key or may terminate an existing key lease agreement, and may refuse to activate or reactivate any SUPRA key held by an individual convicted of a felony or misdemeanor if the crime, in the determination of the Board of Directors, relates to the real estate business or puts clients, customers or other real estate professionals at risk.

 

Suspension by Association:

The Association may suspend the right of a SUPRA keyholder to use their SUPRA key following their arrest and prior to their conviction for any felony or misdemeanor which, in the determination of the Board of Directors, relates to the real estate business or which puts clients, customers or other real estate professionals at risk.

 

NOTE: The SUPRA key cannot be transferred to anyone.

 

In the case of discontinuing the service, the keyholder is responsible for turning in his/her SUPRA key and any leased lock boxes into the SUPRA System Administrator and for fulfilling any other responsibilities for all equipment damages.

 

Members will receive a $25.00 refund for return of their SUPRA key to the association office.

 

NOTE: An agent may, alternatively, assign his/her inventory of leased lock boxes to another agent and avoid any future lock box financial responsibility to SUPRA. This assignment must be reported to the SUPRA System Administrator within 48 hours of transfer and any outstanding fees owed must be paid by the resigning keyholder.

 

Section 5. Monthly SUPRA Key Update

To protect the security of the system, SUPRA keyholders are required to update their SUPRA key, via an automated phone call, every thirty (30) days otherwise their key will be inoperable.

 

Section 6. Lost or Stolen Keys

If a SUPRA key is lost, stolen or otherwise unaccountable, a keyholder must notify the Youngstown Columbiana Association of REALTORS®, Inc. immediately. The Association shall take any steps deemed necessary to resecure the system.

 

Any member who looses their SUPRA key will be charged the then current price plus tax for a replacement SUPRA key. If the member subsequently finds their lost SUPRA key a $25.00 refund will be issued by the Association upon return of the replacement SUPRA key. If a "used" SUPRA key is available to be leased as a replacement key, the member will be charged the Association's replacement key fee of $50.00. If the member subsequently finds their lost SUPRA key a $50.00 refund will be issued by the Association upon return of the "used" replacement SUPRA key.

 

If the loss or divulging of the identity number of the SUPRA key causes the security of the system to be breached, the keyholder or responsible person or entity thereof may be required to pay liquidated damages to offset some of the costs in re-establishing the security of

the overall SUPRA Electronic Lock Box System if it is determined the security has been comprised through the negligence or fault of the keyholder.

Section 7. Equipment Defects

If a SUPRA key breaks due to defects in workmanship or materials the keyholder will be issued a new programmer key at no charge.

 

If a SUPRA key breaks or is damaged due to misuse, the keyholder shall be responsible for the replacement of the key at the then current SUPRA key lease fee plus any applicable tax.

 

Section 8. Records

The Youngstown Columbiana Association of REALTORS®, Inc. shall maintain current records as to all SUPRA keys issued and in inventory.

 

Section 9. Rules

1.  It shall be the responsibility of all REALTORS® to acquire written authorization from the property owner prior to placement of a lock box on a property.

 

2.  REALTORS®, whether functioning as subagents of the listing broker or as agents of potential purchasers, must contact the listing broker to disclose their agency
     status and to arrange appointments to show listed property prior to showing a property on which a lock box has been placed, unless the listing broker has given
     specific permission to show the property without first contacting the listing broker.

 

3.  No one, including but not limited to REALTORS®, authorized Affiliate Members, or licensed/unlicensed assistants and clerical staff shall use a SUPRA key leased to
     another person, with or without their permission.

 

4.  It shall be the responsibility of each office to maintain a log of each lock box showing the number of the lock box, the Call Before Showing (CBS) Code of the lockbox;
     the address on which the lock box is placed, the listing agent for that property, the date box is placed on the property and the date removed.

 

5.  If a keyholder transfers to a different company, the keyholder is responsible for notifying the SUPRA System Administrator of such action within 48 hours.

 

6.  If a keyholder leaves the business or ceases his/her affiliation with the Youngstown Columbiana Association of REALTORS®, Inc. he/she must notify the Association
     within forty-eight (48) hours and the keyholder will be removed from the system.

 

Section 10. Fines

Any SUPRA key holder or responsible persons/entity thereof for such key holder may be brought before the Board of Directors of the Youngstown Columbiana Association of REALTORS® for review and possible punitive action, including monetary fine and/or suspension from the lockbox system for any violation of the Lockbox Rules and Regulations.

 

1.     A $100.00 fine will be imposed on members who use their SUPRA key and enter a property without first calling the listing office for an appointment.  If a member fails
        to contact the listing agent/broker, the listing agent/broker can file a complaint with the Board of Directors by contacting the SUPRA System Administrator at the
        Association office. To file a complaint, the listing agent/broker must complete a complaint form, provide copies of the activity printout from the lockbox in question
        and provide copies of the broker's showing log.

 

2.     A 100.00 fine will be imposed on a member who gives
        out their SUPRA key for use by another person.

 

3.     A $100.00 fine will be imposed on a member who uses a SUPRA key leased to another person, with or without their permission.

 

4.     Repeated offenses may result in suspension or termination
        from the lockbox service.

 

Section 11. Enforcement of Rules and Regulations

The Board of Directors of the Youngstown Columbiana Association of REALTORS®, Inc. will enforce the provisions of the Lock Box System Rules and Regulations and shall have the authority to amend these Rules and Regulations from time to time.

 

The preceding Lockbox Rules and Regulations are based on information contained in Section 7.31 of the NAR Handbook on Multiple Listing Policy. The Youngstown Columbiana Association of REALTORS® has adopted the lock box security requirements contained in Section 7.31.