The Appraisal Foundation’s governance structure is insular and favors private interests
Before the end of last year, The Appraisal Foundation’s governance structure featured
a pay-to-play mechanism whereby paying Sponsors selected around half of the BOT members. The remainder were elected by that same Board, and many of these elected trustees were members of Sponsors. Although the BOT supposedly changed its structure, the latest hearing brought to light that in practice, the new structure works a lot like Sponsorship by another name.
The Appraisal Foundation has essentially renamed Sponsors “Partners,” whose nominees will almost certainly be added to the BOT. The Appraisal Foundation’s new bylaws state that Partners can only nominate trustees. The bylaws permit up to 10 Partner-nominated candidates be put forward in a given election cycle, but do not limit how many total Partner-nominated Trustees can sit on the BOT. The Appraisal Foundation has publicly stated they intend to have between 9 and 10 Partner-nominated Trustees on the Board. Currently,
11 out of 12 Partners are former Sponsors.
1 That means most or all Partner-nominated Trustees will be selected by these Sponsor-Partners.
At the last hearing, Appraisal Foundation President David Bunton confirmed that members of Sponsor-Partners can nominate themselves as “public interest" trustees. Other organizations can also nominate members of Sponsor-Partners. That means there is nothing to prevent the BOT from electing “public interest” trustees that are all members of Sponsor-Partners.
These Sponsor-Partners can still financially contribute to The Appraisal Foundation. Mr. Bunton stated at the last hearing that Partners make no financial contributions. But Partners can choose to do so. Under its bylaws,
The Appraisal Foundation can also require Sponsors to make financial contributions at any time. And as recently as January 30, The Appraisal Foundation publicly committed to creating a mechanism that will allow organizations to support The Appraisal Foundation financially and gave no indication that Partners would be barred from using this mechanism.
The Appraisal Foundation’s processes, including the selection of its President, lack transparency.
On March 8, 2024, CFPB Director Rohit Chopra submitted a comment to the Appraisal Subcommittee regarding oversight of The Appraisal Foundation.
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