Below please find links to the proposed amendments to the Bylaws of the North San Diego County Association of REALTORS® as recommended by the Board of Directors to be placed before the membership for a vote to take place at the same time and on the same ballot as the Annual Election in June 2016. Click the link below to review. Notice of Proposed Bylaw Amendments - 2016 and 2016 Transition Plan for Article X The NSDCAR 2016 Election will be held during the period beginning June 15, 2016, at 9:00 am through June 29, 2016, at 5:00 pm. Members in good standing as of April 30, 2016, will be entitled to vote. Notice: The email that you received regarding the Proposed Bylaw Changes inadvertently carried a misprint in the redline version of Article X. Section 1 (a). Please note that the Proposed Bylaw Amendments have been corrected as shown above.
UPDATES ON LAWSUIT FILED BY SDAR AGAINST NSDCAR, PSAR, and SANDICORUpdated 5/5/16
On January 14, 2016, the San Diego Association of REALTORS® (SDAR or GSDAR) filed a lawsuit against NSDCAR, the Pacific Southwest Association of REALTORS® (PSAR), and Sandicor, the regional MLS serving all of San Diego County. This page is provided as a resource to inform NSDCAR members of issues, events and documents related to the suit. This is a living site, so as the suit moves forward, relevant documents will be added. Please check back from time to time.
The links and information below are from the public domain. NSDCAR does not agree with or disagree with the news and information reported here. We simply want to share what is in the public realm with our members and other interested parties. When fellow REALTORS® sue fellow REALTORS® we find it disheartening.
Updates1/13/16 CRMLS and Sandicor announce a datashare agreement with CRMLS to provide Sandicor agents access to CRMLS listings. 1/14/16 Lawsuit filed by GSDAR against North San Diego County Association of REALTORS®, Pacific Southwest Association of REALTORS®, and Sandicor. 1/15/16 Inman Select article: REALTOR® Association Sues its Own MLS, Accusing Unfair Business Practices. 1/15/16 NSDCAR statement about the lawsuit. 1/15/16 SDAR President statement about the lawsuit to SDAR members. 1/20/16 Sandicor notice of lawsuit to its MLS participants and subscribers. 1/21/16 San Diego Reader article: Realtor vs. realtor. 1/26/16 Sandicor Q&A: Answers questions about ownership and other issues. 1/28/16 San Diego Business Journal article: Listing Service Conflict Results in Lawsuit (paid subscription needed). 2/10/16 WAV Group article: California Regionals Breaking Ranks. 3/4/16 NSDCAR/PSAR Motion to Dismiss SDAR lawsuit. 3/4/16 Sandicor Motion to Dismiss SDAR lawsuit. 3/18/16 NSDCAR and PSAR statement: "Your MLS is in Jeopardy." 3/22/16 SDAR President's response to "Your MLS is in Jeopardy." 3/23/16 SDAR approves upgrade of Sandicor Servers. 3/25/16 SDAR amended complaint. 3/25/16 Sandicor Questions and Answers on Hardware Replacement. 3/28/16 NSDCAR President's Message: MLS Update. 4/12/16 NSDCAR and PSAR motion to dismiss and motion for attorneys' fees for abandoned claims by SDAR.
Sandicor Motion to Dismiss SDAR First Amended ComplaintSandicor Motion to Dismiss SDAR First Amended Complaint Sandicor Points and Authorities on Motion to Dismiss SDAR First Amended Complaint Declaration of Sandicor Attorney
SDAR Opposition to Sandicor and NSDCAR/PSAR MotionsSDAR Opposition to Sandicor Motion to Dismiss SDAR 1st Amended Complaint SDAR Opposition to NSDCAR/PSAR Motion to Dismiss SDAR 1st Amended Complaint SDAR Opposition to NSDCAR/PSAR Motion for Attorney Fees
5/9/16 Sandicor Reply to Supporting Motion to Dismiss 5/9/16 NSDCAR and PSAR Reply Supporting Motion to Dismiss 5/9/16 NSDCAR and PSAR Reply Supporting Motion for Attorney Fees Declaration of Attorney Supporting Motion for Attorney Fees Supplemental Declaration of Attorney Supporting Motion for Attorney Fees 5/12/16 Tentative Ruling by Judge 5/25/16 Court Order on Motions
The Board of Directors of the CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.) voted last Friday to support a $1.3 billion proposal by California Assembly members to create affordable housing programs. “With a historically low homeownership rate of 54 percent and record high rental costs, the dream of owning a home in California is evaporating. Our teachers, nurses, firefighters, police officers, and other middle-class workers should be able to afford to live in the communities they serve,” said C.A.R. President Pat “Ziggy” Zicarelli. “C.A.R. recognizes the urgency of California’s housing crisis and is fully supporting the proposal by the Assembly Housing and Community Development Committee to invest a portion of our state’s budget surplus to address this housing crisis.” C.A.R. formed an Affordable Workforce Housing Task Force in August 2015 to examine existing policies in California designed to expand the availability of “affordable housing” and to make recommendations to increase the availability of affordable work force housing in California. This budget proposal includes: • $400 million for homeownership and rental housing opportunities - $200 million for a new workforce housing grant program to provide funding for down payment assistance, homeownership assistance and rental housing for individuals making 120 percent of the area median income; $200 million for the CalHome Program which provides grants and loans to local governments and non-profit organizations for rehabilitation of existing homes, mortgage assistance, acquisition, site development, and pre-development/construction of homes. • $60 million for seismic retrofits of soft-story homes. Personal income tax credits for 30 percent of qualified cost incurred for a seismic retrofit. • $75 million for farmworker housing: $50 million to finance the construction, rehabilitation, and acquisition of owner-occupied and rental units for ag workers; $25 million for the construction, rehabilitation, and acquisition of rental housing for farmworkers and their families who make up to 60 percent of the area median income. • $500 million for the rental housing for lower income working families - $300 million in low-income housing tax credits to enable private developers to create more than 3,000 homes and leverage $300 million in federal tax credits and $600 million of federal tax-exempt bonds, which would otherwise go unclaimed; $200 million to fund the construction, rehabilitation, and acquisition of 5,700 multifamily rental homes, serving 62,500 families and individuals at 60 percent of the area median income or below. • $300 million for shelter programs - $200 million for multifamily supportive housing; $60 million for the Medi-Cal Housing Program to provide rental assistance for people who are homeless and enrolled in Medi-Cal; and, $40 million to assist persons at risk of becoming homeless with homeless prevention assistance and rapid rehousing. Leading the way...® in California real estate for more than 110 years, the CALIFORNIA ASSOCIATION OF REALTORS® (www.car.org) is one of the largest state trade organizations in the United States with 185,000 members dedicated to the advancement of professionalism in real estate. C.A.R. is headquartered in Los Angeles.
The North San Diego County Association of REALTORS® 2016 Election will be held during the period beginning June 15, 2016, at 9:00 am through June 29, 2016 at 5:00 pm. Members in good standing as of April 30, 2016, will be entitled to vote. Click the link below to view the full announcement and slate of candidates. Notice of Election of Directors, Annual Meeting,and Slate of Director Candidates
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NSDCAR Members from Tour 701, Carlsbad, Encinitas, Cardiff, donated $1,690.50 to Veterans 360, a non-profit organization. The mission of Veterans 360 is to eliminate the stigma of those struggling with post-traumatic stress, allowing victims of PTS to receive education and support instead of going it alone. This is a critical first step to reducing epidemic levels of suicide among PTS sufferers. For more information about Veterans 360, visit http://www.carrythechallenge.org/what-is-the-challenge/ Pictured above from left: Bill Richard, Evangelina Marshall, Rick Collins of Veterans 360, Rebecca Negard, and Bill Ims.
March 28, 2016
MLS UpdateWe are pleased to notify you that Sandicor has received the approval needed to move forward with the necessary computer equipment replacement, as reported to you in our message of 03/18/16 entitled “Your MLS is in Jeopardy.” The approved action will save Sandicor approximately 2.2 million over the next 3 years and allow Sandicor, our MLS provider and operator, to proceed with their recommended solution. Sandicor has now begun the process of replacing the equipment and will proceed as quickly as possible. Their estimate is that this will take 2 months to complete the process of replacing the equipment and data migration. If Sandicor's operating system incurs no software failures before the process is completed, you should not notice any difference in the functionality of the MLS. However, if Sandicor does incur a software failure before the replacement SAN is installed, Sandicor will attempt to minimize its effect, and will also post updates on its website and cause notices to be sent to all of its users. Sincerely, Raylene Brundage, President North San Diego County Association of REALTORS®
March 18, 2016 During the past week, many Sandicor users experienced and voiced complaints about our MLS system’s slow response time. These issues are related to computer hardware at Sandicor that needs to be replaced and delays in being able to do so, caused by the Greater San Diego Association of REALTORS® (GSDAR). The need for equipment replacement was identified well in advance in long term planning; however, Sandicor was notified only a few months ago that it would be losing its full software support effective May 1, of this year which is much sooner than originally anticipated. Once Sandicor was made aware of this, they immediately began researching the most viable solutions for the technical needs. Quickly thereafter they then submitted their recommendations and solutions to rectify this issue without causing any delay or issues to the end users. Unfortunately GSDAR has created delays by boycotting meetings and refusing to approve the recommended $500,000 equipment replacement. Sandicor has ample funds for this replacement; however, any single purchase over $25,000 requires a majority shareholder approval. With the lack of approval by GSDAR, the only option Sandicor is forced to adopt is to move our system to “The Cloud” which: • Is estimated to be $2.7 million over 3 years. This is more than 5 times the recommended $500,000 equipment replacement cost. • Will take 6 months to transition to the Cloud versus 2 months for the equipment replacement. • Will cause a user down time estimated to be 24 hours during the Cloud conversion versus 1 hour with the equipment change. In addition, Sandicor, along with other large MLSs, choose to host their own equipment on site with the advantages of better performance and lower costs. On-site equipment allows quicker diagnosis of issues and reduced down time in comparison to vendor-hosted MLS systems. It is our continued desire to ensure our members’ businesses are not negatively affected in any way and the MLS continues to provide the best possible service. We hope GSDAR will come to the same conclusion, that our MLS service is as critical to their members, as we believe it is for ours. Unless GSDAR agrees to an equipment purchase in the next few days we have no choice but to move to the Cloud at a much greater expense and disruption to our members’ service. Sincerely, Raylene Brundage, President North San Diego County Association of REALTORS® Anthony Andaya, President Pacific Southwest Association of REALTORS®
January 15, 2016
Information Regarding Lawsuit Filed by GSDARThe Greater San Diego Association of REALTORS® has filed a lawsuit in federal court alleging that Sandicor, NSDCAR, and the Pacific Southwest Association of REALTORS® have denied GSDAR access to MLS data and that both Associations have used Sandicor to compete unfairly with GSDAR for members. We are disappointed that GSDAR has chosen to file a lawsuit against Sandicor and its Sandicor partner associations. We firmly believe the claims in the lawsuit are without merit. NSDCAR has always acted in the best of interests of you, our members, and you can be assured we will continue to do so. More details about the lawsuit are available on Inman Select, which is a free NSDCAR member benefit.
The California Association of REALTORS® has created a chart summarizing new laws passed by the California Legislature and the U.S. Congress that may affect REALTORS® in 2016. View the chart Current topics been affected by new laws: Advertising - "Hosting Platforms" (such as Airbnb) Must Provide Warning Auctions - Credit Bid Exception Eliminated Effective September 28, 2015 Broker and Agent Practice - Team Names Effective July 16, 2015 Broker and Agent Practice - Threshold Brokers Broker and Agent Practice - Trust Fund Withdrawals Common Interest Developments - Clothesline or Drying Racks Common Interest Developments - FHA or VA approval Effective July 1, 2016 Common Interest Developments - Water Use Effective September 9, 2015 Developments - Water Use Effective, October 11, 2015 Consumer Protection - Information Security Procedures Consumer Protection - Information Security Breach Notification Disclosures - Repeals Energy Use Disclosures for Commercial Property Discrimination - Construction Related Accessibility Lawsuits Discrimination - Protections against Discrimination Based Upon Citizenship, Primary Language or Immigration Status Employment - Discrimination Based Upon Disability and Religious Belief Employment - Discrimination Based Upon Gender, Equal Pay For Substantially Similar Work Employment - Paid Sick Leave Clean-Up Legislation Effective July 13, 2015 Employment - Use of Paid Sick Leave Escrows - Bonding and Business Location Rules for Underwritten Title Companies Effective July 1, 2016 Financing - Homebuyer's Downpayment Assistance Program Insurance - Earthquake Premiums Landlord/Tenant - Clotheslines or Drying Racks Landlord/Tenant - Insurer may not discriminate on basis on the renter's source of income or receipt of public assistance. Landlord/Tenant - Mold, Habitability Standards Landlord/Tenant - Notice of Pesticide Use Landlord/Tenant - Price Gouging During a Declared State of Emergency Landlord/Tenant - Rent Control in City of Richmond Effective Date Suspended Landlord/Tenant - Victim's Right to Terminate Tenancy Licensing - Continuing Education Licensing - Personal Information Marijuana Regulation - Structure to License Tax and Regulate Mobilehomes - Criteria for Park Approval of Purchaser; For Sale Signs Effective July 1, 2016 Mobilehomes - Disposal of Abandoned Mobile Homes Mobilehomes - Restraining Orders in Limited Civil Cases Probate Avoidance - Transfer on Death Deed with Named Beneficiary Tax - Exemption from Additional Recording Fee Tax - Fire Prevention Tax - Private Transfer Fees Utilities - Liens on Real Property Imposed by Municipal Utility Districts Water Use - Artificial Lawns Effective October 9, 2015 Water Use - Lawn Appearance