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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

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  #151  
Old 7/23/07, 9:20 PM
David Nice's Avatar
David Nice David Nice is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by lcapaul
If you believe the unequal and preferential enforcement of your associations Ethics Standards have been going...

OK Mallory! Anything you say Mallory! You can move on to ASHI, NAHI or wherever you like. When they start treating you the same way you might finally get the it is YOU Lewis. It's all YOU!



David Nice
National Certified Inspection Services, Inc.
Wauwatosa, WI

http://www.nationalcertified.com
414-979-6900
President WiNACHI
http://www.winachi.com
Wisconsin InterNACHI Chapter


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  #152  
Old 7/23/07, 9:49 PM
Joseph Hagarty,  CMI's Avatar
Joseph Hagarty, CMI Joseph Hagarty,  CMI is offline
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Default Re: You are not going to believe this....

NACHI is a Fraternal Organization.

Members join NACHI voluntarily and renew their Memberships in the same manner.

If the Organization does not suit the needs of yourself and/or your business, why did you renew?

I have been affiliated with Nick Gromicko and NACHI for many years.

I do not foresee any Change to that status in the Future.



Joseph P. Hagarty, CMI
joseph.hagarty@comcast.net
Main Line Inspections, Inc.
Phone: 610-399-3675
Email: MainLineHI@comcast.net

http://pa.nachi.org/mainlinepa/about.html
http://www.householdinspector.com

National President / NACHI (2003-2004)
NACHI Education Committee Member
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  #153  
Old 7/23/07, 10:09 PM
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lcapaul lcapaul is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by jhagarty
NACHI is a Fraternal Organization.

Members join NACHI voluntarily and renew their Memberships in the same manner.

If the Organization does not suit the needs of yourself and/or your business, why did you renew?

I have been affiliated with Nick Gromicko and NACHI for many years.

I do not foresee any Change to that status in the Future.
Joe, I don't know who you were asking but I renewed my membership last month out of curiosity, I was following the Wonderful Wendy.Active Rain complaint that Bushart had made, the discussion was being held in the members only area, as it should have been. I thought my membership expired in July, but it was June, so I renewed to follow the actions of the ESOP Committee, curious to see if for once the committee could reach a fair and unbiased conclusion and actually take action against one of their pack, they couldn't, instead, according to Windy, Nick sent her T-Shirts and apologized, the laugh I got was worth the money.

Nick is a pretty good guy, a great marketer, but he does get carried away with his ideas and promises at times, along with his childish name calling and personal attacks, not a great image for the Leader or the Largest Inspection Organization to have, crap like what occured in the first several pages of this thread by Nachi Leaders makes the whole association look like fools.

Last edited by lcapaul; 7/23/07 at 10:14 PM..
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  #154  
Old 7/23/07, 10:24 PM
Michael Larson's Avatar
Michael Larson Michael Larson is offline
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Default Re: You are not going to believe this....

Lewis,
you take yourself way too seriously. IMHO
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  #155  
Old 7/24/07, 1:58 AM
Joe Farsetta's Avatar
Joe Farsetta Joe Farsetta is offline
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Default Re: You are not going to believe this....

Lewis,

To Todd Allen, he was notified, and warned on several occasions. He even called me, in the middle of the night, with harassing telephone calls.

To James Clark, he was notified, and after speaking with him and other ESOP committee members, he was re-instated.

Your complaint regarding Wendy was one of illegally performing home inspections. I explained why the complaint could not move forward. Now, you know that in the past, I haven't actually been a fan of Ms. Forsythe. There is no secrecy there. Still, I do not allow any personal feelings interfere with an investivation or its outcome. I explained this to you.

And, with all of this, and all the e-mails, and all the discussion, you still continue to bash thecrap out of this org.

By the way, we do not condone eliminating those sections of the SOP that one is not qualified to perform. Infact, we dont judge who is qualified to do what. The COE states that a member will substantially follow the NACHI SOP. This allows one tofollow an SOP of another association, so long as it is substantially similar to our own. Like the ASHI SOP? Fine. Follow it and you are in substantial compliance with the NACHI SOP.

The COE also states that one will comlpy withthe law. Your interpretation of that law in question is in opposition to our interpretation, which was based on the interpretation of a representative of the Washington State Government.

Once again, your characterization as to the decisions made, and chain of events, is skewed.

The Gods of ESOP? Nope. Far cry from anything even close...

Last edited by jfarsetta; 7/24/07 at 2:02 AM..
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  #156  
Old 7/24/07, 2:04 AM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: You are not going to believe this....

Nick -

You and I have been around long enough to know that what you're saying goes on in all 3 groups. Always has - always will. Also goes on in licensed states that say they don't - simplest way is a separate company. Oh no, thats not me thats my wifes, sons, nephews, brothers company, etc.

We've both seen posts on this site about Preferred Vendor Arrangements coming from even the oldest HI Association. I think we saw one of those TV specials last year posted on this very site about some Nebraska HI's that belong to the other old boy group doing that very type of thing.

We also know its gone on since you and I both got into the business, even in licensed states where we say we don't do that. It especially goes on in small towns and rural markets. For years, KC was a repair inspector town. Agents used to think it was a conflict if we couldn't repair what we inspected.

Therefore my point today, next week, and next year is simple. Its done - why don't we quit denying it and do it above board.

I don't wanta do repairs, I want out of the liability loop - not back in.

A lot of our insppectors aren't qualified to repair what they inspect.

For those that are qualified - if buyer and seller have no problems with it, my own opinion is outsiders to the transaction have no business trying to dictate or tell them what they can or can't do with their own property OR who they can use do do it ...............
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  #157  
Old 7/24/07, 2:42 AM
John McKenna's Avatar
John McKenna John McKenna is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by dbowers
Nick -

You and I have been around long enough to know that what you're saying goes on in all 3 groups. Always has - always will. Also goes on in licensed states that say they don't - simplest way is a separate company. Oh no, thats not me thats my wifes, sons, nephews, brothers company, etc.

We've both seen posts on this site about Preferred Vendor Arrangements coming from even the oldest HI Association. I think we saw one of those TV specials last year posted on this very site about some Nebraska HI's that belong to the other old boy group doing that very type of thing.

We also know its gone on since you and I both got into the business, even in licensed states where we say we don't do that. It especially goes on in small towns and rural markets. For years, KC was a repair inspector town. Agents used to think it was a conflict if we couldn't repair what we inspected.

Therefore my point today, next week, and next year is simple. Its done - why don't we quit denying it and do it above board.

I don't wanta do repairs, I want out of the liability loop - not back in.

A lot of our insppectors aren't qualified to repair what they inspect.

For those that are qualified - if buyer and seller have no problems with it, my own opinion is outsiders to the transaction have no business trying to dictate or tell them what they can or can't do with their own property OR who they can use do do it ...............
Everyone is doing it, so now it's OK. ???

Any ole fish can swim downstream.



John McKenna, CMI (TREC #4565)
Executive Director - Master Inspector Certification Board
25 Yrs Constr Exp - 13 Yrs Home Inspector Exp
American Home Inspection - East Texas.


Last edited by jmckenna1; 7/24/07 at 2:49 AM..
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  #158  
Old 7/24/07, 11:00 AM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: You are not going to believe this....

Dan,
Some members of the Missouri Association of Realtors think the same way, that is why most of the public's eye views Realtor less trust worthy than a used car salesman. They are paying for the sins of a few bad apples. The leaders of MAR do not see this as a problem. But the public does. We do not want the public's image of home inspectors to go the same way.
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  #159  
Old 7/24/07, 12:02 PM
lcapaul's Avatar
lcapaul lcapaul is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by jmckenna1
Everyone is doing it, so now it's OK. ???

Any ole fish can swim downstream.
Quote:
Everyone is doing it, so now it's OK. ???
John isn't that your justification for your lack of verification of CMI qualifications........all the other associations do it too?
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  #160  
Old 7/24/07, 1:24 PM
lcapaul's Avatar
lcapaul lcapaul is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by jfarsetta
Lewis,

To Todd Allen, he was notified, and warned on several occasions. He even called me, in the middle of the night, with harassing telephone calls.

To James Clark, he was notified, and after speaking with him and other ESOP committee members, he was re-instated.

Your complaint regarding Wendy was one of illegally performing home inspections. I explained why the complaint could not move forward. Now, you know that in the past, I haven't actually been a fan of Ms. Forsythe. There is no secrecy there. Still, I do not allow any personal feelings interfere with an investigation or its outcome. I explained this to you.

And, with all of this, and all the e-mails, and all the discussion, you still continue to bash thecrap out of this org.

By the way, we do not condone eliminating those sections of the SOP that one is not qualified to perform. Infact, we dont judge who is qualified to do what. The COE states that a member will substantially follow the NACHI SOP. This allows one tofollow an SOP of another association, so long as it is substantially similar to our own. Like the ASHI SOP? Fine. Follow it and you are in substantial compliance with the NACHI SOP.

The COE also states that one will comlpy withthe law. Your interpretation of that law in question is in opposition to our interpretation, which was based on the interpretation of a representative of the Washington State Government.

Once again, your characterization as to the decisions made, and chain of events, is skewed.

The Gods of ESOP? Nope. Far cry from anything even close...
No Joe, Clark was never notified untill after te committee had revoked his membership, not before. He was also kicked out because of a remark he made in a PM that was no worse than the comments many Washington Inspectors received from Bushart Pack members while the Washington State licensing argument was going on. Isn't the proper procedure to notify a member that a complaint has been filed along with the charges and the name of the person who made them, isn't the accused given a chance to defend themselves, that seemed to be the case in complaints filed against Forsyth for instance.

You're way behind Joe, the issue I mentioned about Forsyth was the complaint filed against her by Bushart for posting a derogatory and damaging comment on a Realtor message board, instead of being punished Ms. Forsyth claims Nick sent her T-Shirts and an apology, her comments on ActiveRAin set a new precedence, in my opinion, for what could be posted on other sites. I do see the difference though her comments about why people joined NACHI damaged the reputation of all NACHI Members, mine were directed soley at NACHI Leaders.

From messages I have received from other members, I'm not the only person on this message board who found the first several pages of this thread disgusting and childish.

As far as disclaiming portions of the SOP Joe, you said yourself that it was "regretable" but that yes members could do as Bushart said, disclaim large portions of the SOP so that they would not have to report on plumbing leaks, missing caulking, no gutters, moisture intrusion and many, many more WDO Issues, disclaiming some of the most important items of a Home Inspection just to get around State Law, and the still be able to claim that they meet or exceed NACHI Standards, not being a NACHI member any longer I can agree, seeing as because of your interpretation, there are no standards.

As far as the Washington Law, I'll go with the State Attorney Generals interpretation, not some ex-legal clerk in Missouri. Now I can address the very low percentage of Washington NACHI Members who have the required SPI in a public venue can't I?

As the Chairman Joe, couldn't you poke Bushart in the ***** and have him send me an official notification, or is he the one actually in charge?

Last edited by lcapaul; 7/24/07 at 1:50 PM..
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  #161  
Old 7/24/07, 1:33 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Location: Southwest Missouri
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Default Re: You are not going to believe this....

Quote:
Originally Posted by jfarsetta
Lewis,

To Todd Allen, he was notified, and warned on several occasions. He even called me, in the middle of the night, with harassing telephone calls.

To James Clark, he was notified, and after speaking with him and other ESOP committee members, he was re-instated.

Your complaint regarding Wendy was one of illegally performing home inspections. I explained why the complaint could not move forward. Now, you know that in the past, I haven't actually been a fan of Ms. Forsythe. There is no secrecy there. Still, I do not allow any personal feelings interfere with an investivation or its outcome. I explained this to you.

And, with all of this, and all the e-mails, and all the discussion, you still continue to bash thecrap out of this org.

By the way, we do not condone eliminating those sections of the SOP that one is not qualified to perform. Infact, we dont judge who is qualified to do what. The COE states that a member will substantially follow the NACHI SOP. This allows one tofollow an SOP of another association, so long as it is substantially similar to our own. Like the ASHI SOP? Fine. Follow it and you are in substantial compliance with the NACHI SOP.

The COE also states that one will comlpy withthe law. Your interpretation of that law in question is in opposition to our interpretation, which was based on the interpretation of a representative of the Washington State Government.

Once again, your characterization as to the decisions made, and chain of events, is skewed.

The Gods of ESOP? Nope. Far cry from anything even close...
Good post.

Would I be incorrect to add that the ESOP Committee has no duty at all to former members as to their demands for anything?



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #162  
Old 7/24/07, 2:07 PM
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lcapaul lcapaul is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by jbushart
Good post.

Would I be incorrect to add that the ESOP Committee has no duty at all to former members as to their demands for anything?
James, people don't need to "demand" anything of the Gods of ESOP, you show your ***** without any demand at all.

So what you are saying to NACHI Members is that YOU are the ultimate authority and have no obligation to even notify a member or former member of "Your" Committees actions against them. Now that's funny, expecially coming from a Flag waver ***** like you always going on about freedom and individual rights.

Don't worry James, I have no desire to appeal the decision of a God like you, but I do believe most members believe that individuals have the right to know what they have been accused of and punished for, after all it may happen to them. It seems that in Bushart's World Habeas Corpus has also been done away with, NACHI members have no right to know what they have been charged with, no right to defend themselves, and no right to face their accusers, and of course once the God's have acted, you are no longer a member, Bushart's World.
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  #163  
Old 7/24/07, 2:35 PM
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Joe Farsetta Joe Farsetta is offline
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Location: Pearl River, NY
Posts: 4,107
Default Re: You are not going to believe this....

Ironically, Lewis, a couple of members have asked me if there was a method to re-instate you.

I am always open to the possibility of re-instating someone, if the person has a genuine desire to return to NACHI.

It appears as if you do not.

For the record, the interpretation you mentioned was from Dr. Soumi.

If you accept your expulsion, then fine. If you have no intention of appealing, fine.

The best advice I can give you, under the circumstances, is to not go away mad... just go away.

You brought this on yourself, Lewis. You continue to bash the association, the CMI, and anything else you feel justified in doing.

Now you are free to continue your tirade... just NOT as a member of this organization.
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  #164  
Old 7/24/07, 2:43 PM
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klott klott is offline
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Default Re: You are not going to believe this....

Come on back Lewis, you are sorely missed!
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  #165  
Old 7/24/07, 3:30 PM
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lcapaul lcapaul is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by jfarsetta
Ironically, Lewis, a couple of members have asked me if there was a method to re-instate you.

I am always open to the possibility of re-instating someone, if the person has a genuine desire to return to NACHI.

It appears as if you do not.

For the record, the interpretation you mentioned was from Dr. Soumi.

If you accept your expulsion, then fine. If you have no intention of appealing, fine.

The best advice I can give you, under the circumstances, is to not go away mad... just go away.

You brought this on yourself, Lewis. You continue to bash the association, the CMI, and anything else you feel justified in doing.

Now you are free to continue your tirade... just NOT as a member of this organization.
For the record Joe the Interpretation I was taliking about regarding the Washington State SPI Law is the one from the State Attorney General which Soumi sent Bushart, it was a result of several NACHI Members asking questions of the Director of the WSDA , Dr. Soumi's, interpretation, that had changed, was that Inspectors could use a Sub for the WDO portion of their Inspection, Forsyth and others still do not use Subs, Bushart says they don't need to they can just disclaim all mention of WDO and conducive conditions in order to stay within the Law, therefore I have no use for an SOP or Association that would allow their members to in effect rewrite the SOP in order to avoid State Laws. You can be assured that this will be discussed elsewhere now that I am free to do so.

How could I appeal, not that I intend to, when your committee is to chickensh*t to even send me a notification of what I was charged with? What would I appeal.

Questioining the credibility of various NACHI Marketing gimmicks is not bashing the association, it's disagreeing, Nachis practice of supplying worthless, meaningless, designations that have no credibility when compared to similar designations in other industries damages the reputation of all who use them and NACHI members, by association, who don't

As far as CMI, I've said it's a good idea, but that it needs to mean something and to be backed by credible and meaningful qualifications and verification so that the designation would be accepted by other industries as being meaningful. To become a "Certified" inspector you have to at least take an on-line exam, to become a Certified Master Inspector all you have to do is pay a fee, no test, on-line or otherwise, and you become a "Master" of your profession, it takes less to become a Master than it does to become just a normal old NACHI Inspector, and being open to all, some "Masters" may not have ever take even an on-line test. I guess pointing that out is bashing, just like disagreeing with members ability to rewrite the SOP. Unlicensed NACHI Inspectors in my area harm me by association, I guess mentioning that is bashing,, why would I want to claim NACHI Membership when so many other members avoid the law, or claim to be something they are not.

Being tossed from NACHI doesn't bother me at all, that's why I psoted what I did and where I did, that's actually not true, I posted it where I did because one of Nick's sheep was there giving Nick's one sided spin on his settlement agreement, it was an appropriate place to place a link to a demonstration of NACHI Leadership ethics and so called humor.

I've been asked by others to delete the posts and apolgize, deleting as was discussed last month does no good, once said or posted it's already been done, and if anyone owes an apology it's those who joined the "Penile Implant" group posting their words of wit on a public forum and embarrassing all other NACHI Members, my post only made their "Humor" more public, they made their own "jokes".

Last edited by lcapaul; 7/24/07 at 3:43 PM..
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