MARYLAND REAL ESTATE COMMISSION .us



MARYLAND REAL ESTATE COMMISSION

500 North Calvert Street

Baltimore, MD 21202

Mission: Protecting the health, safety, and welfare of the public

through examination, licensing, and regulatory activities regarding real estate

BUSINESS MEETING MINUTES

October 18, 2006, 10:30 a.m.

Highlights from the meeting:

Investigators Plummer and Reynolds join staff

55,118 current licenses

Guaranty Fund reaches $1,811,021

Reciprocal agreements planned

Commissioners Davis, Jordan welcomed

Machat installed as President-elect of ARELLO

PRESENT:

Commissioner Nancy R. Simpers, Chair (Industry)

Commissioner Stephen F. Kupres, Vice Chair (Consumer)

Commissioner Anne S. Cooke (Industry)

Commissioner J. Nicholas D’Ambrosia (Industry)

Commissioner Arthur E. Davis, III (Industry)

Commissioner Arthur M. Eisenstein (Consumer)

Commissioner Surina A. Jordan (Consumer)

Commissioner Sydney L. Machat (Industry)

Joseph Sliwka, Commissioner, O & P

Harry Loleas, Deputy Commissioner, O & P

Elizabeth Trimble, AAG, Counsel

Katherine F. Connelly, Executive Director

Steven Long, Assistant Executive Director

Patricia Hannon, Education Administrator, Session Recorder

ABSENT:

Commissioner Colette P. Youngblood (Consumer)

PUBLIC IN ATTENDANCE:

Robert Johnston, AACAR

Mark Feinroth, MAR

Don White, PGCC, MREEA

CALL TO ORDER:

Nancy R. Simpers, Chair, called the meeting to order at 10:30 a.m. Ms. Simpers welcomed two new Commissioners: Arthur E. “Otts” Davis, III, Industry Member representing Baltimore City, and Surina A. Jordan, Consumer Member residing in Baltimore City.

APPROVAL OF MINUTES:

Motion (made by J. Nicholas D’Ambrosia, seconded by Stephen F. Kupres) To approve the minutes of the September 12, 2006 business meeting. Unanimous approval.

REPORT OF COMPLAINTS/ADMINISTRATIVE DISMISSALS:

Motion (made by J. Nicholas D’Ambrosia, seconded by Stephen F. Kupres) To approve the Administrative Dismissals for the month of October 2006. Motion carried.

COMMITTEE REPORTS:

1. Education – J. Nicholas D’Ambrosia, Chair, read the PSI exam statistics report. For the month of September 2006, 1,134 salesperson exams and 80 broker exams were administered. A copy of the report was in each Commissioner’s folder.

2. Legislative – Anne S. Cooke, Chair – no report today

COMMENTS FROM EXECUTIVE DIRECTOR: Katherine F. Connelly

1. Two new investigators were introduced and welcomed - William Reynolds and Ronald Plummer.

2. Janine McDonald was introduced as the Division’s publication specialist who will help with MREC’s newsletter. Ms. McDonald has prepared newsletters for other boards in the Division of Occupational & Professional Licensing.

3. A licensing supervisor was hired and will start in a week. Interviews for the auditor position were completed and a selection will be made shortly.

4. Investigator Robert Legg was re-assigned permanently to the Home Improvement Commission, freeing up another position for Real Estate.

5. Current licensee count is 55,118, of which 4,747 are brokers; 3,086 are associate brokers;

46,647 salespersons; and 638 branch offices.

6. Guaranty Fund balance on August 31, 2006 was $1,811,021.80.

7. A proposed reciprocal agreement was sent to the Pennsylvania Real Estate Commission. Their legal counsel will review and may suggest changes, which will then be reviewed by Ms. Trimble. A proposed agreement was also sent to the West Virginia Real Estate Commission. Initially, all candidates for the reciprocal license will apply by paper form until the process is set and funds can be allocated to construct electronic applications.

8. Ms. Connelly continued her outreach in September by meeting with the Howard, Cecil, and PenMar Boards, participating in the Maryland Association of Realtors conference in Ocean City, and attending the ARELLO Annual Conference in San Antonio. Commissioners Machat, Cooke and D’Ambrosia also attended ARELLO and appreciated the informative and valuable sessions, especially the Commissioner College. Mr. Machat was installed as President-elect of ARELLO.

9. Ms. Connelly’s reports on her attendance at the MAR and ARELLO meetings are in each Commissioner’s folder.

10. Upcoming travel is planned to the Carroll and Prince George’s boards and to Nevada for the PSI Exam Review. Regulators from other states, industry members, and Commissioners meet with PSI’s test development team to evaluate the national test questions.

11. To date, no one has registered with PSI for the broker exam under the new Branch Office Manager option. To track licensees under this new option, database programming must be developed to collect the exam result without allowing access to upgrade the license until three years of active licensure is achieved. Meetings with DLLR tech support are ongoing.

12. The Department’s webmaster is working to add new laws effective October 1, 2006 to MREC’s home page and to correct the agency form, which as currently posted is missing signature lines.

13. Brokers have asked to be informed by automatic notice when an affiliate transfers on line. MREC plans to offer this enhancement in the future when a reliable list of e-mail addresses for brokers is available. This enhancement is not a priority but it is on the “to do” list.

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COMMENTS FROM COUNSEL: Elizabeth Trimble

1. The public hearings of the Task Force on Common Ownership Communities have ended. The Final Report should be available soon.

2. Counsel advised that regulations are needed for the new law on reciprocal agreements and will draft language for the Commissioners’ consideration. Time was spent discussing concerns and comments about issues which may arise in reciprocal agreements.

3. Commissioners may want to set up a subcommittee at this time to review all regulations.

4. A recent telephone caller asked whether a seller could offer a buyer’s agent a $25,000 bonus for bringing a buyer. Counsel advised that, if offering this kind of incentive, full disclosure to all parties of the arrangement is required. Further, the agent bringing the buyer must serve the best interest of the buyer and be aware of serious ethics issues which may be raised by such a situation.

COMMENTS FROM CHAIR: Nancy R. Simpers

1. Commissioners D’Ambrosia (Chair), Machat, and Youngblood were appointed to Panel #1. Panel #2 will be Commissioners Cooke (Chair), Kupres, and Davis. Alternates are Commissioners Eisenstein, Jordan, and Simpers.

2. New Commissioners were introduced and each spoke briefly. Commissioner Jordan has 15 years of experience in banking, finance, and technology, and a 10-year career in health and fitness; she holds a Ph.D in holistic nutrition. Commissioner Davis started his career in real estate in 1970 as a salesperson and is broker of record of Chase Fitzgerald and Company, Inc. He is a past president of the Maryland Association of Realtors.

UNFINISHED BUSINESS:

In follow up to last month’s meeting, Mr. Loleas discussed with the Division of State Documents the possibility of MREC offering a full electronic printout of law and regulations. State Documents will assist the Division of Occupational & Professional Licensing in setting up a click and print version for each board’s law. Mr. Loleas will work out the details with State Documents.

NEW BUSINESS:

On October 5, 2006, Mr. James Crockett, a former Commissioner, asked to speak at today’s business meeting to discuss the condition of the Real Estate Commission. He was advised by letter from Executive Director Connelly on October 10, 2006 that a timeframe of 15 minutes was set aside for him. When Mr. Crockett did not appear at the meeting, although he was outside, Ms. Connelly left the meeting to offer the opportunity to speak. Mr. Crockett said he did not get the letter and declined the offer.

ADJOURNMENT:

There being no further business, the meeting adjourned at 11:30 a.m. The next monthly business meeting is Wednesday, November 15, 2006.

APPROVED AS PRESENTED ____________________________________________________

Nancy R. Simpers, Chairperson

APPROVED AS AMENDED ______________________________________________________

Nancy R. Simpers, Chairperson

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