Persecution of NACHI-OAHI Members for use of CHI

Strange, I don’t see anything in the OAHI by-laws that would pertain to this concern. Seems OAHI is acting outside the confines of the by-laws and acting on something that is outside the SOP and COE.

Again if anyone would like to dispute the facts and the power permitted under the OAHI by-laws and the power to discipline I am all ears and eagerly await someone more knowledgeable to enlighten me.

Mr. Quackenbush, please call me or email me, I would like to report myself and pick your brains about the authority you are suggesting OAHI has in this matter.

Another venue may be the OAHI “ombudsman”. That individual serves in the capacity to deal with issues between the BOD and the members.

Ombudsman?

It is very clear what the rules are but some in management think the by-laws permit an anything goes attitude. The by-laws are there for a reason. They are to give guidance as to what can and cannot be done by elected officials. The by-laws must be followed to the letter and should not be in contradiction with the enacting legislation. For OAHI to suggest or stretch the truth to suggest that anyone using CHI is cause of Conduct Unbecoming a Member is nonsense. Using CHI is solely a dispute between the member using it and copyright. Nothing more nothing less.

Who is the Ombudsman? I can’t see it listed on the OAHI site. I guess they keep it quiet for fear of the Ombudsman being swamped with more issues then OAHI wants to deal with. OAHI is on record in at least two in house publications as to what it thinks it can do. But I would like to see the explanation as to inferring that it is Conduct Unbecoming.

** December 2005 Home Inspectors Newsletter from OAHI
**

** June 2006 **Home Inspectors Newsletter from OAHI

Claude only please Can you tell me the name of the Ombudsman and when he was appointed .
Thanks Roy Cooke

OAHI is so strange how they handle things and what they get excited over.

Oahi is barking up the wrong tree with CHI and inferring it is Conduct
Unbecoming or Professional Misconduct.

I had a director stand up in a Regular Toronto meeting and call me a liar .
I sent in a complaint to the DPPC asking for this to be delt with .
After many months of waiting I sent in asking about my compaint and was told by the Chair of the DPPC ( Terry Carson ) that it was in the que and I would just have to wait my turn .
I guess they must have a large back log of things to catch up on as over 3 years seems a long time .
I would say to any one who gets charged by OAHI to launch an appeal , by the time they catch up I expect I and many others will be long dead .
I guess the OAHI directors like to follow the path of least resistance.
… RHI… CHI… CMI… CAHPI-ON… Royshomeinspection.com
All of the above are mine to use as I see fit.Would love to see some one try and stop me.
Roy Cooke

Roy,

I was there at the meeting when you were called a liar. We know very well who turned out to be a liar(s), and who used their position(s) and who conspired to mispend membership money in an effort that was motivated by retribution for you standing up for your rights.

Yes I guess a full audit of OAHI is the only way to expose what has and is going on.

Anyone finding themselves under the microscope in OAHI should be sure of their rights. How can anyone be assured OAHI will play fair within the CAHPI National program? You can’t.

Very strange. As of this point in time OAHI has not released financial documents for last 3rd and last quarter of 2005, nor for the first and second and third quarter of 2006.

Along with financial accountability which OAHI has historically provided, the Minutes of meetings have not bee provided to the membership since June 2004! Again historically OAHI has provided this info. This is very troubling indeed. With no accountability and no records produced who knows what is going on.

I have recently sent in an Appeal along with a cheque for $300 as part of the Appeal process. Guess what no reply, cheque isn’t cash. OAHI accused me on not responding to complaints from the DPPC within 10 days of their letter of notification. The only problem is OAHI has been proven wrong on that assumption clearly showing they are vexatious in their actions.

Today my suspension is up on the OAHI CAFE. I received a 90 day suspension for essentially defending myself, and trying to correct the misinformation posted on the CAFE by other OAHI members who have immunity with erroneous statements about NACHI.

I guess this is why more Canadians are joining ASHI and NACHI because both memberships are up while OAHI is stagnant. I have had several members tell me they are concerned about the lack of accountability within OAHI and they are concerned things are not well within. No kiddidng!

That reminds me I better send a email to OAHI and management asking and seeking they restore my rights to access the OAHI Forum. :wink:

I wonder is it worth it many of the better OAHI members just pay their dues and have given up on this Association .
Those I have talked too personally agree OAHI is not for the members it is for the Directors who really could care less about the members .
The way I see the future is NACHI .
It has done more for the Home Inspection industry in Canada in 3 years then OAHI/CAHPI has done in the last 15 years.
OAHI is give us your money and shut up .
NACHI charges less and has a great BB to help all non Members included.
If you say some thing on the CANUK or OAHI BB you are removed .
Free speech does not exist on the Canadian BB
NACHI listens to all good or bad, members and non members .
Now We all can see why NACHI is growing and OAHI/CAHPI is not .

Roy Cooke A VERY HAPPY NACHI MEMBER… RHI. CAHPI-ON. CHI
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**To whom it may concern:

As you are well aware I have been suspended from use of the OAHI Forum CAFE.

My suspension was to expire midnight of Oct 1, 2006. When I go to log into the CAFE I can view the following message:

Welcome to the Knowledge Cafe.
** *** Raymond.Wand Your Forum Access has been suspended until 10/2/2006 *

Would you please ensure my access and rights as a member in good standing are restored today as stated on the site and as indicated in the email which OAHI sent me earlier.

I would like a reply please. I never did receive any form of reply to my earlier emails as below. Would anyone care to provide an answer?

Also would you please tell me the status of my Appeal?

Thank you.

Yours truly,

Raymond Wand RHI, CHI, ASHI, CFIHI**

Cc. RC

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

**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 [size=3]hereby respectfully [/size]requested.

Thank you.

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

                    **[Lynda Lalich](http://javascript%3Cb%3E%3C/b%3E:openWindow3%28%27pop_profile.asp?mode=display&id=1454%27%29)**
  
   28 Posts

http://www.oahi.com/members/cafe/icon_posticon.gif

Posted - 07/01/2006 : 08:40:08 http://www.oahi.com/members/cafe/icon_profile.gif http://www.oahi.com/members/cafe/icon_reply_topic.gif 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

http://www.oahi.com/members/cafe/icon_posticon.gif

Posted - 07/01/2006 : 08:46:55 http://www.oahi.com/members/cafe/icon_profile.gif http://www.oahi.com/members/cafe/icon_email.gif http://www.oahi.com/members/cafe/icon_reply_topic.gif Thank you Ms. Lalich.

I await your email.

Raymond Wand RHI/CHI
Alton, ON http://www.oahi.com/members/cafe/icon_go_up.gif Dave.Bottoms

   158 Posts

http://www.oahi.com/members/cafe/icon_posticon.gif

Posted - 07/05/2006 : 13:37:29 http://www.oahi.com/members/cafe/icon_profile.gif http://www.oahi.com/members/cafe/icon_email.gif http://www.oahi.com/members/cafe/icon_reply_topic.gif 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](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 [size=3]hereby respectfully [/size]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 [size=3]contact address [/size]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 [size=3]hereby respectfully [/size]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

I would like to update everybody… today I was able to access OAHI Knowledge CAFE. After a 90 day suspension.

However I have not received a reply to my inquiry as to the status of my Appeal, nor any explanation as to my 90 day suspension which I requested to Appeal. Seems our biggest fan Dave Bottoms is once again promoting NACHI by linking to this thread. I think we owe a great deal to Dave Bottoms for promoting NACHI at every opportunity. The only problem is he is in contravention of the rules, I guess he can’t read because he is in breach of several. OAHI sure doesn’t like NACHI but the only person who is permitted to use NACHI in a sentence is Dave Bottoms!

Some thing is very strange about Poor Dave He must have some thing big over the Directors of OAHI .
He is still an associate after 8 years ( The rules say 3 only )
He has not done his 150 inspections in 8 years .
I was talking to an RHI recently and he says some thing strange is going on he has tried to get some answers and Information and was given the run around .
I will have much information on the CAFE Conference shortly they seem to be having difficulty getting people to go to Calgary?

Roy Cooke …CMI… RHI…CHI…CAHPI-ON

Oh and by the way…

Since when are posts on discussion boards copyrighted? I don’t believe they are because they are expression of thought and opinion. Also I don’t see how there is a copy right infringement when in fact the posts are unedited, and credited to the authors?

[FONT=Verdana, Arial, Helvetica][size=1]

Intellectual property of OAHI, now thats funny! :slight_smile: :slight_smile:
[/size][/FONT]

Roy now Dave is selling boilerplate software from his own archive. The problem as I see it is that he hasn’t got over the required inspections in over 8 years, but he can put a complete compendium of the systems of the home together! He selling the CD’s for $1K.

Hey Nick you may want to check this out. Dave Bottoms is selling Home Inspection Boilerplate CD’s. It might be an terrific product to add to Nachi’s volumous resources for inspectors. You might be able to cut a deal, the CD’s are $1K, I am sure Dave would appreciate a business deal and opportunity. :wink:

You can contact him at: dave@homeinspector.ca

Raymond - regarding US copyright - link: http://www.copyright.gov/circs/circ1.html#wci

Regarding Canadian Copyright - link:
http://lois.justice.gc.ca/en/C-42/index.html

Thanks Claude,

I took a look at the links. Maybe I am missing something, but I don’t see how these articles show that I am in breach of copyright. These posts on a forum could hardly be considered copy right material. These posts are not ideas or works of artistic nature. Also posts on forums seem to fall outside of the definitions of the latter site.

Also see

Did you see anything to the contrary? Maybe my eyes are dim and cannot see… :slight_smile: :slight_smile: :wink:

Copy right means the author is the only person who may copy his/her work, or permit someone else to do so with permission. Copying includes publishing, producing, reproducing, and performing.

Copyright in Canada is automatically acquired on creation of an original work, provide that the author was, at the time of the work was made. a Canadian citizen and/or British subject.

Nothing needs to be done to get basic protection. In addition, however, there is a voluntary registration system. Registration of copyright is advisable.

Excerpt Source: You and the Law - a Financial post/Macmillan Book

Similar Info may be found in Chapter 9 of Your Canadian Law - by Arthur B. Wlikinson

It goes on to indicate that “infringement” consists of unauthorizedly selling, importing for sale or hire, distributing, publicly exhibiting, reproducing or plagiarizing the copyrighted work of another person, or of doing anything the performance of which is exclusive right of the copyright owner.

Furthermore it indicates - the following acts do not constitute infringement:
(a) use of a copyrighted work for the purpose of private study, such as research, criticism, review or newspaper summary
© the reading or recitation in public by one person of any reasonable extract from any published work

Infringement entitles one to sue for damages, for an injunction and accounting of the infringer’s profits.

Sorry Claude, but posts of opinion are not considered original works as defined under Copyright.

Copyright consists of protection of the following:

There are four categories of works which are protected by copyright law: literary works, artistic works, dramatic works, and musical works. Copyright law protects works of many different formats, including traditional formats such as books, paintings, plays and written music. Copyright law also protects works such as computer programs, architectural works, photographs, video tapes, maps, charts, choreography, and films, multimedia and works in electronic format.

Having said that, posts demonstrating ones thoughts in releation to discussion or opinion does not grant protection to copyright.

OAHI has a history as you are well aware of stiffling information of any type it deems seditious or not to its liking. The CAFE is illustrative how some members can knowingly and without fear of reprisal to discuss and state what they wish, without any fear of being suspended. Currently there are posts on the CAFE made by the very people screaming about the rules who are flaunting the rules, and nothing is done about their actions.

So I’ll take my chances with the threat of copyright infringement by OAHI in a court of law, because OAHI has demonstrated it is not capable of democratic process, nor due process, but rather bases its rules on vindictiveness, bias and vexhatious attitudes.

Under OAHI own rules of use for the CAFE, they state:
**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.

Well if thats the case then OAHI can’t guarantee anything and can’t very well complain, because the BOD themselves are lifing material for use against members.
**
Thanks for the explanantion.

Cheers,

Question .if as OAHI says they own the rites to CHI and by ignoring as they say obvious use of this by me and others . Have they released there owner ship of these so called trade marks .
Example if the public uses a part of your property for a set period of time you can no longer stop them from continuing to use it like a rite of way.
I wonder why if OAHI is sure of their ownership why they do not do something about it .

Roy Cooke … CMI… RHI…CHI…CAHPI-ON…
NACHI is the GREATEST they give permission all the time and help all.

I wonder why OAHI must use Intimidation. Poor treatment of the members.

Claude says OAHI can sue for Damages well Roy is ready
two wins for Roy two losses for OAHI .
I wonder do they want to try again and spend another pile of the members money stupidly.

Roy

I know for a fact OAHI has lifted info from this site (NACHI) and posted it on CAFE and the BOD and members and the DPPC have lifted posts from this site. I guess my copyright has been infringed on too!

OAHI should be able to provide the reciporical agreement they have with ASTT. They only say they have an agreement. If that is the case show me the agreement. Besides I am going to request that document to aid in my defence if OAHI wants to persue the matter. If they are unwilling to produce it or provide it I guess they don’t have much of a case, and after all the onus is on OAHI to show cause and show proof of their allegations. Thus far they haven’t provided any concrete proof, just hot air, and unfounded allegations.

Quid pro quo.