filing a complaint with NACHI

[James H. Bushart]

Originally Posted by rwand1

Come to think of it maybe someone can post the by-laws with regard to what Nachi can do legally to members who breach the SOP/COE.

The association has applied a variety of sanctions, up to and including revocation of membership, for violation of its ethical standards.

In applying sanctions, the idea is to correct the situation in such a manner which is fair and that reflects best upon the remaining membership and its standards.

Our ethics code is enforced. This is something that ethical members will appreciate and unethical members will not, IMO.

No one wants to have a NACHI member in their own community who is actively harming the public.

[rwand1]

But James,

Do the by-laws provide for such sanctions? Is it in writing and defined and are members aware of such provisions?

[Joseph Hagarty, CMI]

Originally Posted by rwand1

But James,

Do the by-laws provide for such sanctions? Is it in writing and defined and are members aware of such provisions?

Yes James,

Answer Raymond's question.....

[rwand1]

Guys, I am not trying to cause dissention, but...

If there are no written rules/by-laws then any action Nachi takes against a member maybe on shaky legal standing. Rules cannot be made up on the fly and enacted on a whim as this leaves the process open to abuse. I don't think need to elaborate further. Been there, done that.

[James H. Bushart]

Originally Posted by rwand1

But James,

Do the by-laws provide for such sanctions? Is it in writing and defined and are members aware of such provisions?

The COE is in writing.

What would a member who violated them expect from the association? What do members who sacrifice, in some cases, to comply with them expect from the association when others choose to ignore them?

Only our chairman can speak for the entire committee, and I will let him weigh in on our charter and the authority by which we act.

I will simply tell you that we are properly acting within the authority granted to us when we investigate a complaint made by the member of the public as to the duties of a member of our association to that member of the public, as it pertains to our code of ethics.

[Joseph Hagarty, CMI]

Originally Posted by jbushart

The COE is in writing.

What would a member who violated them expect from the association? What do members who sacrifice, in some cases, to comply with them expect from the association when others choose to ignore them?

Only our chairman can speak for the entire committee, and I will let him weigh in on our charter and the authority by which we act.

I will simply tell you that we are properly acting within the authority granted to us when we investigate a complaint made by the member of the public as to the duties of a member of our association to that member of the public, as it pertains to our code of ethics.

James,

Have you read the Charter that you have referenced?

What is the extent of the Authority and by whom was it granted?

[rwand1]

James

Do the by-laws support and grant the authority you say the committee has?

No one want inspectors running around and not being held accountable for SOP/COE infringements. Thats not the arguement. The concern is that if there are no written by-laws empowering the committees to act then the actions of such committees are not legal in the context of the courts review.

[John Bowman]

Originally Posted by jhagarty

A Home Inspection is a contracted service between a Company and Client.

As a Fraternal Organization, reviews with regard to the contracted Performance of a Home Inspection is an area that NACHI should not be involved in.

Exactly...

That's exactly why the recommended removal of individual inspectors by the ESOP committee because of the lack of a NACHI logo or reference to the NACHI COE/SOP on a company website is flawed.

The inspector not the company is a member of NACHI. So the question remains - Can NACHI rigtfully find an inspector in violation of its COE's because of a company's policy or choice of ethical practices displayed on websites. Is the website in question a company website or an individual inspector's website?

I personally like the coe drafted by NHITI which is strictly geared towards an entitys ethical practices and does not allude to any individual inspector and their association membership requirements.

[James H. Bushart]

Originally Posted by rwand1

James

Do the by-laws support and grant the authority you say the committee has?

No one want inspectors running around and not being held accountable for SOP/COE infringements. Thats not the arguement. The concern is that if there are no written by-laws empowering the committees to act then the actions of such committees are not legal in the context of the courts review.

The committee does not "act", Ray. The actions that are taken are taken by Nick. His authority to "act", IMO, is undisputed. We investigate and recommend.

[Claude Lawrenson]

Does NACHI have (corporate) bylaws, and if so, where can they be found? Perhaps we can all read and review them so this would alleviate and clarify the issue that Raymond has "politely" questioned.

Typically, the bylaws spell out the authority under which the association, its BOD, committees and its members are expected to act - respectfully in a responsible manner.

The COE is a set of guiding principles generally drawn up by the COE committee. Even armed with the COE, what guidelines or operating procedures does the members of the Ethics committee, use for general operation and ethics complaint purposes.

Furthermore, would a company that claims to employ NACHI members - indicating that their inspectors that are not NACHI members be in violation of the COE? Perhaps at least they deserve notice or a warning that the company is advertising its members that are non-NACHI inspectors improperly, and such exaggerated claims may cause harm to the public?

[James H. Bushart]

Originally Posted by jhagarty

What is the extent of the Authority and by whom was it granted?

If our chairman wishes to contribute to this discussion, he will explain by what authority we serve the membership. Only he can speak for the entire committee, as I have stated before.

[bkelly1]

Originally Posted by jbushart

The association has applied a variety of sanctions, up to and including revocation of membership, for violation of its ethical standards.

In applying sanctions, the idea is to correct the situation in such a manner which is fair and that reflects best upon the remaining membership and its standards.

Our ethics code is enforced. This is something that ethical members will appreciate and unethical members will not, IMO.

No one wants to have a NACHI member in their own community who is actively harming the public.

Exactly, having a charter and set of rules on the web site would reflect best upon the membership and help to set standards. And all ethical members would appreciate this, and some unethical will not. James, can you provide that link for us?

[bkelly1]

Originally Posted by jbushart

If our chairman wishes to contribute to this discussion, he will explain by what authority we serve the membership. Only he can speak for the entire committee, as I have stated before.

Getting ready to exit stage left?

[Joe Farsetta]

Let's get back to the original question posed by a complaintant.

Even if the member was, indeed, a NACHI member, it would need to first be established that the inspector completely breeched the SOP and/or committed a fraudulent act. These are things established in a court of law, and not by ESOP. Once a determination has been made, the complaining party can file a formal complaint. However, if the NACHI member is found guilty of performing a negligent inspection, he/she may remain a NACHI member, as we are all entitled to make mistakes. The majority of complaints we receive against NACHI members are due to the fact that homeowners are under the false impression that we will either arbitrate/mediate for them, or will threaten the member with expulsion if they do not indemnify the client. Both assumptions are false.

As to Ray's dribble regarding NACHI being on shaky legal ground for expelling a member, you are wrong. NACHI is a privately held corporation, and may do as it pleases. I dont know how you THINK things work, or WISH they worked, but these are FACTS. If NACHI expells a member for any reason, they are free to attempt to sue the corporation, and may actually get their yearly membership dues (or a pro-rated portion of them) returned, but the expulsion remains in effect until such time as it may be lifted. There need not be any formal by-law or procedure related to these actions, but they are perfectly legal and defensible. The COE states many things, and ESOPs charter is to modify/develop/interpret the applicability of provisions of both the COE and SOP, and help decide when and if someone violated the COE and what to do about it. Most of the time, a simple e-mail is all it takes to clear a matter up.

As to John B's comment regarding whether or not ESOP is an advisory board, he is mistaken. We report solely to the NACHI Board of Directors,and are influenced by no other entity within the org. In order to take action on a matter, we do so with the approval of the Board, but we do not ADVISE them as to what actions will be taken. We inform, and absent of an objection, the action moves forward.

[John Bowman]

If John B's comments are incorrect or mistaken, then so are Nick and Blaines full understanding of all NACHI committee's.

The conversations and emails between the three of us concerning committees has never deviated from the point that they are indeed "advisory only". Only makes sense...