Persecution of NACHI-OAHI Members for use of CHI

[Rob A. Parker]

Hay Ray I see the top OAHI spy is posting stuff from this site on to their's again.So much for the rules,do you think he will be suspended,not likely.

[rwand1]

Thanks Rob,

I am just reading the CAFE now. I can't believe they allow Mr. Bottoms to continually post considering he has threatened people, defamed, slandered, libelled, sent email viruses, and made other unsavory unfounded allegations on the CANUCK list.

I guess Dave Bottoms cannot make it as an inspector so he has now turned to report writing to supplement his income.

It is also rather strange that he can advertise his personal wares on the CAFE because I believe the Forum rules forbid promotion of wares by inspectors.

It is even stranger how Dave never seems to focus on financial irregularities or the breaking of the by-laws. I don't think he is too swift on the uptake of information. But when you are the spokesperson and chief enforcer for OAHI anything goes! Over 8 years as an Associate and still can't make it.

============================================

Dave.Bottoms

168 Posts

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[Roy D. Cooke, Sr]

Rules are applied different ways for different people .
Some can do no wrong and others are always wrong .

I have never been sorry that I left OAHI .
I am sorry that the OAHI BOD Do not understand they must follow their own rules and the rules of Canada.
http://strategis.ic.gc.ca/epic/inter.../cl00700e.html
Roy Cooke A Happy NACHI member

[Rob A. Parker]

You are right Ray section 7 10 3e of the cafe rules,the posting of advertising or promoting any product or service is not permitted

[rwand1]

I also see Linda Lalich the CAFE forum administrator who is being paid handsomely by OAHI for her non work on the CAFE to enforce BOD/PR committee dictates really has no redeeming qualities but has to rely on directives to accomplish her task and be compensated for it. Quite frankly she has no business censoring OAHI related business discussions on the CAFE, she is not a member. Ask the BOD how much Ms. Lalich is being compensated with Membership money and a former employee of one of the Directors?

I see Lynda has told Dave Bottoms not to file complaints against me on the CAFE. Funny I got suspended, Dave Bottoms as usual is allowed to do anything say anything with no reprecussions. Sure is strange how they do not follow thier own rules.

I think the whole BOD should tender their resignations, along with the various Committee chairs. An outside overseer should be brought in and an election called that is overseen by outside independent auditors. There is no assurance the affairs of the Association are being run properly, and the abuse of power is well documented.

Stay tuned for more revealing information on how OAHI does not follow its own rules.

[rwand1]

Still no reply to my July 6th letter!

Without Prejudice

Thursday July 6, 2006

Re: Suspension from the OAHI CAFE

Dear Committee:

I see that equality is absent from decisions being made and there is the appearance that the Committee has acted with reasonable apprehension of bias. It is also readily apparent that the Committee is able to act with impunity and to manipulate the rules at their discretion, contrary to the rules and to due process as stated in the by-laws.

As you can see below I have been suspended while Mr. Bottoms apparently is still able to post. Under the circumstances it appears Mr. Bottoms posts are approved and endorsed by the Forum Committee and Ms. Lalich. It also appears the Forum Committee has no intention of meeting out its rules in a fair and equal manner.

I also have concerns that these emails are not being responded to or acted on because of the obvious indifference's and the make up of the Forum Committee. It is reassuring to see a self regulating body acting outside of its policies and mandate as afforded under the by-laws and enacting legislation.

Thank you.

A reply at your earliest convenience is hereby respectfully requested.

Thank you.

Yours very truly,
Raymond Wand R.H.I. 00029

Lynda Lalich

28 Posts
Posted - 07/01/2006 : 08:40:08 This thread has been removed. Mr. Wand you will be receiving a private email in the near future.
Lynda Lalich
Forum Administrator

Raymond.Wand

576 Posts
Posted - 07/01/2006 : 08:46:55 Thank you Ms. Lalich.

I await your email.

Raymond Wand RHI/CHI
Alton, ON

Dave.Bottoms

158 Posts
Posted - 07/05/2006 : 13:37:29 Lynda,

In case you are awaiting a reply to the Forum Committee's decision re Wand, you can find it on NACHI's web site.

http://www.nachi.org/forum/showthread.php?p=64273#post64273

Seems someone's just not getting it. This is a private, for members only, forum. The Canadian members posting here shouldn't have to be concerned about their posts being used on a U.S. open forum.

Raymond wrote:

Without Prejudice

Thursday July 6, 2006

Re: Suspension from the OAHI CAFE

Dear Committee:

I see that equality is absent from decisions being made and there is the appearance that the Committee has acted with reasonable apprehension of bias. It is also readily apparent that the Committee is able to act with impunity and to manipulate the rules at their discretion, contrary to the rules and to due process as stated in the by-laws.

As you can see below I have been suspended while Mr. Bottoms apparently is still able to post. Under the circumstances it appears Mr. Bottoms posts are approved and endorsed by the Forum Committee and Ms. Lalich. It also appears the Forum Committee has no intention of meeting out its rules in a fair and equal manner.

I also have concerns that these emails are not being responded to or acted on because of the obvious indifference's and the make up of the Forum Committee. It is reassuring to see a self regulating body acting outside of its policies and mandate as afforded under the by-laws and enacting legislation.

Thank you.

A reply at your earliest convenience is hereby respectfully requested.

Thank you.

Yours very truly,
Raymond Wand R.H.I. 00029

Cc: Mr. Segal
DPPC



Raymond wrote:

Without Prejudice

Wednesday July 5, 2006

Re: Suspension from the OAHI CAFE

Dear Committee:

Could you please provide the relevant sections of the Web Policy of which I am in breach of please? There is nothing in the policy restricting the right of members from re-posting on any other discussion board those of which are posted on the CAFE. As a matter of fact in the Web Policy it states succinctly OAHI cannot guarantee the posts will be secure or not forwarded, et ceteras. It does not state in the rules that such activity is restricted or that one can be suspended for same. Nor does it appear I am in breach of the other relevant sections of the Web Policy. Further, please explain what section(s) of the OAHI bylaw or PR158 have been violated so that I might properly react to this seemingly unilateral decision made without any input whatsoever from me.

Can you tell me who serves on the Forum Committee please?

Could you please provide me with a copy of the posts in questions please?
Have other posters in this matter on the CAFE been similarly suspended?

Can you please tell me how a 90 day suspension was decided on given that there is nothing in the by-laws permitting suspension, nor empowering anyone but the DPPC to enact discipline as per the by-laws?

Why is there no email contact address for Ms. Lalich considering she is an employee and forum administrator? This is most unusual for a discussion forum not to have a contact on the forum board.

Can you please explain to me why my Constitutional rights have been infringed on? After all OAHI is legislated under the provincial government as a self regulating body as per PR 158.

If the Forum committee can not substantiate its claims and what appears to be a lack of due process and impartiality in this matter and apprehension of bias, I request that my access to the CAFE be immediately reinstated.

A reply at your earliest convenience is hereby respectfully requested.

I have sought legal counsel and trust my position is clear in this matter.

Thank you.

Yours very truly,
Raymond Wand R.H.I. 00029

Cc: Mr. Segal
DPPC



OAHI Forum Committee wrote:

Dear Member:

You have had a number of posts on the Knowledge Café that are of an unacceptable nature. You have been warned that the Café is not to be used for unapproved posts. Your links on another forum to the OAHI Knowledge Café, a private members only forum, clearly do not follow the spirit of the OAHI Café rules that you agreed to adhere to as a member of Café. The committee has suspended you from the Knowledge Café for a period of ninety (90) days which is to be immediately implemented.

Sincerely,
Forum Committee

[Rob A. Parker]

Ray this is just unreal you can not post OAHI material to this site but Mr. Bottoms is allowed to post stuff from our site to theirs.In all fairness we should close our site to Mr. Bottoms.

[rwand1]

Rob,

I have to caution you, anything you say or post will be used against you by OAHI.

OAHI is sinking in its own filth. It has destroyed any chance it had of successfully defending any and all actions against me. The proof is overwhelming of corruption and abuse of power.

BTW have you seen the quarterly reports as required under the by-law?

I asked on the OAHI CAFE forum where I could go see the records, but to no avail. I guess they don't want to explain the lack of accounting which they are obligated to provide.

I think Dave Bottoms is helping NACHI by sending OAHI members here so that they can read the truth. You can't get the truth at OAHI but you can get it here.

Thanks for speaking up that takes guts.

[Rob A. Parker]

No problem Ray and thanks.Unless we speak up the problems will not be fixed and will only get worse.

[rwand1]

Just to prove some in OAHI have special status, and OAHI knowingly is condoning it.

Very strange how a associate member who has utter threats, is able to keep on going like the Energizer Battery!

Also peculiar is the fact that when it comes time to file a complaint he backs away. Do you suppose thats because he has no evidence and that the by-laws do not back up his often repeated claims?

From the CAFE

Gerry.Quackenbush

55 Posts
Posted - 10/02/2006 : 23:50:45 7.10
Policy: Membership Forums (technical and general) Required Protocol

1. Two information forums will be provided for the member’s use. The Forums will allow members to discuss technical information and general information relating to the association or the operation of a home inspection business. To provide this service, OAHI requires that each member; Student, Applicant, Associate, RHI or Retired agrees to be bound by the rules and terms listed below.

2. The OAHI Membership Forums are a membership privilege (not a right) extended to every individual in the OAHI membership who is in good standing.

a) The purpose of the OAHI Membership Forum is strictly for the education of its participants (“Users”) in the technical aspects of the home inspection profession along with the sharing of information and personal experiences directly related to inspection issues.

b) The purpose of the Forum shall be to foster communication among OAHI members regarding the home inspection profession and the Association business.

c) Opinions expressed on the Forums are those of the authors and do not necessarily reflect the official position of OAHI or its Directors.

d) OAHI assumes no legal responsibility for the opinions or statements of the OAHI Forum Users.

e) OAHI does not officially respond to issues raised on the Forums. If you have an issue, concern or complaint regarding an OAHI member, policy, BOD or committee decision you should follow the proper procedures laid out in the OAHI bylaws.

f) All discussions will consist of appropriate language and shall not be slanderous, degrading or mean in spirit.

g) A select committee of volunteer OAHI members shall monitor the Forums. Disregard for the Forum rules will result in immediate suspension of the Forum privileges

h) BEWARE! OAHI does not promote the Forum to non members, but, as with any on line forum, your messages are potentially accessible by the public.

3. Access to the forums is limited to the OAHI MEMBERS in good standing who agree to abide by the following forum Rules for Users Agreement:

a) All subject matter is restricted to real estate inspections and related issues.

b) Respect other Users on the OAHI Membership Forum. You may express yourself, but not to injure harm or damage others. Users are expected to exercise professionalism, common sense and courtesy in the message transmitted over the OAHI Forums.

c) OAHI Membership Forums shall not be used to libel, slander, defame or disparage a member or candidate of OAHI or any other person, company or organization.

d) Anonymous posts are not permitted on the OAHI Membership Forums. All postings must include the member’s name.

e) Posts advertising or promoting any product or service or inspector membership other than OAHI directly or indirectly, are not permitted on the OAHI Forums, and will be removed promptly. ( CAHPI, ASHI discussions are excluded from this rule)

f) Use of the OAHI forum the distribution of unwanted email (spamming) is prohibited.

g) Use of the OAHI Forum for illegal activities is prohibited, including illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, entering private computer discussion boards, soft wear infringement, trafficking in credit card codes, or other crimes.

h) The OAHI Forum is not to be used to communicate with others about prices, terms of service or other competitive information as this is a violation of the anti-trust laws. The OAHI Membership Forums constitutes an ongoing “meeting” of participants. Such meeting may involve competitors. The same rules against illegal agreements in restraint of trade that apply at members meetings apply to OAHI Forum communications.

i) Forum communication may not be down loaded without the express consent of the Forum Administrator. Users should be both fully informed about antitrust law regarding communication and agreements among competitors, and act in strict conformity with those rules.

j) The OAHI Membership Forums may not be used to violate and rules of membership in OAHI, the OAHI bylaws, or the OAHI code of conduct. The OAHI code of conduct rules apply to all Users of the Forum.

k) Do not upload or distribute files subject to trademark or copyright, or other proprietary rights except with the expressed consent of the owners of the rights.

l) OAHI Membership Forums are a benefit for OAHI membership only. Non-members are not permitted on the OAHI Membership Forums unless special permission is granted by OAHI

m) OAHI reserves the right without prior notice to modify or change these rules as it determines from time to time in the best interests of OAHI.

n) Posted items may be published in the OAHI news letter or the CAHPI’s “The Canadian Home Inspector” if the topic is deemed to be of interest to the general membership. The name of the person posting the information will not be published without their permission.

o) In accordance with the OAHI “Code of Conduct”, an inspector shall make every effort to uphold, maintain, and improve the professional integrity, reputation and practice of the home inspection profession. He or she will report such relevant information, including violations of this code by other members to the Association for possible remedial action.

p) Information posted to the OAHI Membership Forum becomes the intellectual property of the OAHI therefore, copying, cutting and/or distribution of Forum content in any form is strictly prohibited.

q) Forwarding or providing access in any form to the OAHI Forum or a link which provides access to the forum or the OAHI member’s site is not permitted.

Any violation to the Café (Forum) rules, or posts that in the opinion of the Cafe Monitor are improper will result in the immediate suspension from the Cafe. First offence will be 30 days, second offence will be 90 days, and all subsequent offences will be 1 year.

Edited by - Gerry.Quackenbush on 10/03/2006 09:41:41
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Raymond.Wand

582 Posts
Posted - 10/03/2006 : 14:09:09

Gerry,

These rules seem to be in conflict with the by-laws, perhaps you could clarify them, and how decisions are made with no right of appeal. This runs contrary to the afforded rights in the by-laws and I believe members are entitled to appeal such wide latitude in directives that are not based or supported via the by-laws.

Raymond Wand RHI, CHI, ASHI, CFIHI

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Dave.Bottoms

171 Posts
Posted - 10/03/2006 : 17:15:40

Thanks for the new rules, Gerry.

quote: p) Information posted to the OAHI Membership Forum becomes the intellectual property of the OAHI therefore, copying, cutting and/or distribution of Forum content in any form is strictly prohibited.

I would like to lodge a complaint against one of our fellow forum members. It seems one of my OAHI private forum posts was placed on a U.S. public forum for all to read.

http://www.nachi.org/forum/showthread.php?p=96483#post96483

Thank you.
Dave Bottoms Edited by - Dave.Bottoms on 10/03/2006 17:19:07
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Gerry.Quackenbush

55 Posts
Posted - 10/04/2006 : 10:53:13 .

DELETED
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Dave.Bottoms

171 Posts
Posted - 10/05/2006 : 16:10:56

COMPLAINT #2:

The following link was provided on a public forum by one of the members of this forum, contrary to the rules. The link shows a copy of a private OAHI forum post made by one of our members.
http://www.nachi.org/forum/attachment.php?attachmentid=5990&d=1160073515

And here is a link to the public forum in question (scroll up three or four posts):
http://www.nachi.org/forum/showthread.php?p=97626#post97626

Thank you,
Dave Bottoms
-----------------------------------------------------------------------------
Lynda Lalich

30 Posts
Posted - 10/05/2006 : 18:31:02 Mr. Bottoms,

Please file your complaints thru the proper channels ( DPPC) and not here on the forum. If you contact the office they will be able to send you the documents that you require.
Lynda Lalich
Forum Administrator
-----------------------------------------------------------------------------
Dave.Bottoms

171 Posts
Posted - 10/05/2006 : 18:52:38

Thank you, Ms Lalich, will do.

With all due respect:
Actually, after sleeping on it, I don't think I will make that complaint after all. The people to whom I'd be complaining are on this forum and can see for themselves that the mole is breaking the rules. They shouldn't need me to tell them what they already know in order to take action. To suggest one must file a complaint first implies that the rules only come into play if someone lodges a complaint, otherwise it's a free-for-all.

The person has broken the rules. I know it, you know it and the people who enforce the rules know it. Feel free to take action if you wish, or feel free to do nothing. Whatever you think is in the best interests of the members who use this private forum. Far be it from me to tell you or anyone how to do your job.

Again, no disrespect intended, just calling it like it is. Your mileage may vary.

Dave Edited by - Dave.Bottoms on 10/06/2006 09:28:20
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Dave.Bottoms

171 Posts
Posted - 10/05/2006 : 22:18:42 Our moles can now count on their boss to post anything they want from this private, for-members-only bulletin board on his company's public web site.

http://www.nachi.org/forum/showthread.php?t=8567

So much for professional ethics. The solution? Remove the moles once and for all. Yes, it really is that simple.

Dave Bottoms

[Roy D. Cooke, Sr]

Am I missing something .
You did send a letter to OAHI did you not .
Have they answered your letter.
How can they suspend you with out answering your complaint.
I think OAHI could be opening them selves up for some difficulty of not following proper procedures.
This gets more interesting every day.
I Wonder what the membership thinks of this fiasco

Roy Cooke.

[rwand1]

Oh I have sent several letters to OAHI. They never reply. The OAHI lawyer has also been sent copies. He knows whats going on. I wonder what he would have to say about the by-laws which state reports to be filed with the members quarterly?

I wonder what the OAHI lawyer would say about the claimed abuses I have supposedly committed that are not defined in the by-laws?

I know the OAHI lawyer charges a fee as part of his service for every email or letter he receives from members of OAHI as he is obligated to read them. I am not sure he is obligated to ensure OAHI is in compliance, I think he is, but his actions are moot. The lawyer Mr. Segal was very clear on proper protocol and following due process with Rudolf Reusse and me when we were Discipline Chair. I still have that letter from the lawyer outlining how OAHI is to proceed. The problem is there are inconsistencies currenlty with his written directives.

[Roy D. Cooke, Sr]

Originally Posted by rwand1

Oh I have sent several letters to OAHI. They never reply. The OAHI lawyer has also been sent copies. He knows whats going on. I wonder what he would have to say about the by-laws which state reports to be filed with the members quarterly?

I wonder what the OAHI lawyer would say about the claimed abuses I have supposedly committed that are not defined in the by-laws?

I know the OAHI lawyer charges a fee as part of his service for every email or letter he receives from members of OAHI as he is obligated to read them. I am not sure he is obligated to ensure OAHI is in compliance, I think he is, but his actions are moot. The lawyer Mr. Segal was very clear on proper protocol and following due process with Rudolf Reusse and me when we were Discipline Chair. I still have that letter from the lawyer outlining how OAHI is to proceed. The problem is there are inconsistencies currenlty with his written directives.

Raymond You are the greatest .
I think you have given the OAHI BOD the rope and they have now hung them selves .
They have backed them selves into a corner and there is no escape.
I would not be the least bit surprised to see the complete OAHI BOD resign in mass by Jan 1 2007.
There is no way they will Be able to stand up in court and explain the way they have treated you and other members.
They have completely ignored the OAHI bylaws and when a full audit of the books comes to be there just could be jail time for some .
It is so unfortunate that it must come to this but like a sliver of wood in your hand it must come out and the sooner the better.
Remember Ray you have me and many others who will give you the support required in court.
I expect OAHI will not have to pay their lawyers fees when the proof comes out on the stand.
I do not expect that any will wish to face a perjury charge .
Gee I love it when things fall into place .
Roy Cooke CMI,RHI,CHI, OAHI-ON

[rwand1]

I want to know where the money is. No one has seen the books in sometime, nor minutes. Thank God I only paid $50 over the last two years not like some who have paid the admission fee of $400. I would sure be concerned considering OAHI hasn't any benefits unlike NACHI and its superior support.

The fact remains OAHI is in breach of its provincial charter by not providing quarterly reports. It is clear the entire BOD is negligent and should resign, and given the overly whelming evidence of abuse of power, lack of due process, illegal fine collection, bias, and vexhatious acts due to animosities.

Roy it sounds like OAHI is treating me just like they treated you. Spend the memberships money because of animosities to hell with the by-laws. Egos seem to be getting the better of management.

No one in Ontario can expect fair treatment from OAHI again based on overwhelming evidence, they keep providing.

[rwand1]

Roy it pays to have good legal advice.