Electronic Key box System Rules and Regulations


The following rules shall apply to MLS Participants and Subscribers of the Yes MLS Electronic Key box System. These rules have been established by the MLS and shall remain in full force and effect until changed or modified by the Directors of MLS.

DEFINITIONS:

  1. MLS: YES MLS (Yes Multiple Listing Service)
  2. MLS Participant or Subscriber: Any principal or non‐principal broker, sales licensee, licensed or certified appraiser who participates in the Electronic Key box System as a Primary Key holder.
  3. Key holder: A MLS Participant or Subscriber of the Electronic Key box System that has been issued either an eKEY by one of the Participating Boards of Realtors, Yes MLS, or Supra.
  4. Electronic Keybox System: A key management system. Supra is the current provider.
  5. Keybox: Electronic Lockbox or ELB (iBox BT LE)– the device that holds the physical keys to a property.
  6. eKEY: Proprietary name for the Supra electronic key smartphone app used to access key boxes.
  7. Key: an eKEY
  8. iBox BT LE: Infrared (i) and Blue Tooth (BT) enabled Low Energy (LE) key box from Supra.
  9. System Breach: a situation where the Key box was tampered with and the house keys removed or stolen or where unlawful access to a property has occurred.
  10. Participating Boards of Realtors: Akron Cleveland Association of Realtors (ACAR), East Central Association of Realtors (ECAR), Lake/Geauga Association of Realtors (LGAR), Lorain County Association of Realtors (LoCAR), Medina County Board of Realtors (MCBOR), Stark County Association of Realtors (SCAR), Warren Area Board of Realtors (WABOR), Wayne/Holmes Association of Realtors (WHAR), and the Youngstown/Columbiana Association of Realtors (YCAR).

PARTICIPATION:

The Electronic Key box System is a service of the MLS and Participating Boards of Realtors. Each MLS Participant or Subscriber in good standing with MLS is entitled to one eKEY activation for the Electronic Key box System with MLS.

Electronic Key box System participation requires the MLS Participant or Subscriber to execute a Lease Agreement prior to being issued a Key or Key box. MLS will also enforce all rules and regulations contained in the Lease Agreement.

A Key may not be loaned to any person with the exception of loans made necessary due to electronic failure of a Key. In the event of an electronic failure of the Key, the Key holder may only loan to, or borrow from, a Key holder associated with the same company. The MLS or Supra shall be notified immediately of an electronic failure.

Key holders are not permitted to loan Keys to licensed Agents, Appraisers, or Brokers that are not members of Yes MLS.

FEES:

The Electronic Key box System is a basic service of MLS and is included in Yes MLS Dues. Yes MLS Dues shall not be refundable after the 30th calendar day following the semi‐annual dues billing due dates (e.g., March 1 and September 1). If such date is a Saturday, Sunday or holiday, this period shall extend until the next business day.

GENERAL POLICIES:
Key boxes may not be placed on a property without written authority from the seller. This authority may be established in the Listing Contract or in a separate document created specifically for the purpose. Upon Yes MLS being notified of a system breach, the Key and/or Key box used in the breach shall be deactivated immediately.

Key holders shall follow the showing instructions published in the MLS, any electronic showing service, or as provided by the listing brokerage. Key holders shall not remove contents of the key box for purposes other than showing the home and shall promptly return the contents to the key box upon exiting the property. The key box and/or contents shall not be removed from the property without prior consent of the listing agent.

Unauthorized access to a property or Key box is strictly prohibited. In the event there is evidence that an unauthorized access violation has occurred, punitive action may be issued in accordance with the Compliance and Enforcement section of these rules.

RIGHT TO LIMIT ACCESS:

The MLS, and/or the Participating Board may refuse to issue or lease Electronic Keys, may terminate existing Key Lease Agreements, and may refuse to activate or reactivate any Key held by a Keyholder or Member, at its sole discretion or by direction of their Participating Broker after the occurrence of any of the following events:

  1. Following arrest, and prior to conviction, for any felony or misdemeanor;
  2. After conviction of a felony or misdemeanor;
  3. For any detrimental act, in the determination of the MLS, and/or the Participating Board, that relates to the real estate business or puts clients, customers, or other real estate professionals at risk.

Factors that may be considered in making such determinations include, but are not limited to:

  • the nature and seriousness of the crime;

  • the relationship of the crime to the purposes for limiting Key box access;

  • the extent to which access (or continued access) might afford opportunities to engage in a similar act;

  • the extent and nature of past criminal activity;

  • time since criminal activity was engaged in;

  • evidence of rehabilitation while incarcerated or following release;

     

KEYBOXES AND KEYS:

Keyholders are not required, but are encouraged, to place Electronic Key boxes on listed property.
Programming changes can be made by eKEY holders to their eKEY app at their discretion using the available software (Supraweb or Supra App).

The predetermined timed key box access is 7:00 a.m. to 9:30 p.m. EDT. Each Keyholder may, at the Keyholder's discretion, turn on or turn off or modify the predetermined timed access on each Key box using their eKey app. When the timed access is turned off, the Key box allows entry twenty‐four (24) hours each day.

eKEYs may not be sold or transferred.

Key boxes may ONLY be transferred to other MLS Participants or Subscriber Members for use within the YES MLS Electronic Key box System until the current Contractual Lease Period has expired.

Note: The key boxes MUST stay within the Yes MLS system.

A Keyholder who is leaving the real estate business, or otherwise terminating their Lease Agreement, must notify Yes MLS to inactivate their eKEY.

In the event there is evidence that a Key sharing violation has occurred, punitive action may be taken in accordance with the Compliance and Enforcement section of these rules.

AFFILIATES:
Affiliate members of any Participating Boards will not eligible nor will they be granted participation in the Yes MLS Supra Lockbox service

TERMINATION OF SERVICE:

A Keyholder may terminate the lease at any time provided all other obligations as outlined in the Keyholder's contract have been met.

The Keyholder must notify the MLS, in writing, of their desire to terminate service.

COMPLIANCE AND ENFORCEMENT:

The Yes MLS Quality Assurance Department shall be responsible to the CEO and the MLS Board of Directors for the enforcement of the adopted Rules and Regulations, operating policies, procedures and systems.

The Quality Service Department Manager, CEO, or the COO, will facilitate all violation reports or complaints, and may resolve any issues prior to being escalated to the Board of Directors. If the Quality Assurance Department Manager cannot facilitate a resolution, the issue will be escalated to the COO and CEO for review and recommendation.
The Quality Assurance Department shall give consideration to all written complaints from MLS Participants or Subscribers having to do with violations of these Rules and Regulations, provided the complaint is filed within 180 days of the facts relating to the alleged offense could have

been known. Upon receipt by the MLS of a written complaint, the Respondent (accused) shall be advised, in writing, of the nature of the complaint and shall answer the complaint, in writing, within ten (10) days from receipt of the complaint. The QA Department shall then afford the Respondent the opportunity to present their defense before it prepares its findings and actions to the complaint. If found guilty of a violation of the Electronic Keybox Rules and Regulations, the MLS Quality Assurance Department shall prepare a recommendation to the COO and CEO and/or the MLS Board of Directors as to the disposition of the matter.

Within twenty (20) days of transmittal of this notification, the respondent may file an appeal with the Chairman of the Yes MLS Board of Directors for a hearing before the Directors challenging the decision and/or recommendation for discipline.

The CEO is empowered to decide the case and impose penalties, consisting of one or more of the following:

  1. Letter of Warning with copy to be placed in the MLS Participant or Subscriber file;
  2. Letter of Reprimand with copy to be placed in the MLS Participant or Subscriber file;
  3. A fine imposed on the MLS Participant, Subscriber or Affiliate Member not to exceed $15,000;
  4. Recommendation to the MLS Board of Directors that the MLS Participant or Subscriber is suspended from the Electronic Keybox System for a stated period of time. Following such suspension, the MLS Participant, Subscriber or Affiliate Member may rejoin the Electronic Keybox System only on the condition that a reinstatement fee of $100 and all past due accounts are paid. Although membership rights, privileges and services are withdrawn as specified in the notice of suspension, membership continues, and the suspended MLS Participant or Subscriber remains obligated for payment of membership dues, and to abide by the Rules and Regulations during the period of suspension. Any failure to abide by the terms of suspension, or subsequent violation of the Rules and Regulations, shall be grounds for consideration as to possible extension of the suspension or expulsion from the Electronic Keybox System;
  5. Referral to the Grievance Committee of the Local Board of Realtors as a Professional Standards Complaint (Article 1, Standard of Practice 1‐16 and Article 3, Standard of Practice 3‐9);
  6. Referral to the Ohio Division of Real Estate and Professional Licensing.

By signing below, Agent agrees to and acknowledges their obligation to adhere to the rules of Yes MLS governing their use of the Electronic Keybox System of Yes MLS, and the terms of the Supra Keyholder Agreement.

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Document name: Electronic Key box System Rules and Regulations
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August 31, 2020 12:42 pm EDTElectronic Key box System Rules and Regulations Uploaded by Aaron Powell - aaron@yes-mls.com IP 24.192.110.69