But Nick, you are InterNachi, members have no ownership, you have no partners, no Board of Directors, I agree that techically the Defendent in this case was Nachi or InterNachi, but there is no one else with any financial or policy connection with your Association or Public Relation organization, members have no ownership.
I believe the Lawsuit and the Court enforced agreement between InterNachi and NAHI are different issues. Once an agreement was reached and the Court was forced to step in and take over the enforcement of that agreement, then the Lawsuit itself would become moot wouldn’t it?
The Lawsuit may have been dismissed Nick, but the Judge’s decision in Michigan still stands. It seems you are attempting to “confuse” (the new InterNachi catch word) your members once again.
How did it go from July, when no members were effected by your agreement with NAHI to your reply to the Court on 17 Sept that ALL MEMBERS MUST CHANGE their marketing to InterNachi? And how did you “reply” to the Court, or specifically NAHI, at least twice in September, and yet tell your members or rather InterNachi did not even respond?
I began questing you about the use of the InterNachi Logo which already existed, and which now with some modification you have adopted, I even asked that as a member of both organizations interNachi and InterNachi, whether or not we as members could use the original InterNachi Logo instead of the new one with the tiny letters. You told me I was confusing the other members and to remove that logo from my posts, which I did not do.
Over the past few years there have been discussions over InterNachi, as you have stated it was, until July, a separate association with its own Board of Directors etc. There were discussions about whether or not InterNachi was in competition with Nachi, at one time all members of Nachi were automatically members of InterNachi, then for awhile I believe there was a $50 membership fee.
I agree you planned InterNachi years ago, but not, by your own statements, as a replacement for Nachi, which is what it became in July 07’. So you can’t spin either the new status of InterNachi or the use of it’s logo, at least not to those who have been around for a few years and have paid attention.
There’s a difference between “defending” a motion and “responding” to it Nick, maybe you could clear that up by editing some of your other posts where you claimed to have never responded, a “reply” is a response. InterNachi didn’t “defend” itself against this motion because you had no defense. Your and others response to your Victory back in July in posts on this public message board ruined any defense you may have had. You said back then that you spent $300,000 in legal fees, at least I believe it was $300k, in reaching the agreement with NAHI, I can’t believe any competent attorney would not have warned you about the actions and statements you and Bushart made after the agreement was made, you had a chance until the Victory Celebration got carried away. But hey, it’s only money, and InterNachi’s money at that. Spin on Nick.
We neither defended the motion or responded to it. We offered no reply whatsoever. Not verbal. Not written. Nothing.
I’ve explained why.
Anyway, the toothpaste has been out of the bottle for some time now. The International Association of Certified Home Inspectors, Inc. was formed in 2004 http://www.sos.state.co.us/biz/BusinessEntityCriteriaExt.do;jsessionid=0000Qmz0oaJWyhT4_gKUb9oARZc:11nm17ad1. 6 foreign countries have sent delegations to us in 2007. We have members in some 43 countries. We’ve inspected over 9,000 flats in Hong Kong. South Africa has hundreds of members already. Everything we have is being translated into different languages. We have more members concentrated in Toronto per capita than anywhere in U.S. Move In Certified.com just got a booth at a New Zealand Home Show. Even our 2007 Convention was outside the U.S. www.nachi.org/torontolive/
Back when we were a little PA association and wanted to go national, I asked my staff if they had the energy and zest to go for it. They did, and we ended up with the nation’s biggest best inspection association in the country. This is unisputed and even ASHI dropped “largest” from their tagline a couple years ago.
Last year I had a similar meeting with my staff and asked for 5 year commitments to do it again: To go from the nation’s biggest best inspection association, to the world’s. All but one of my staff agreed to give it hell for another 5 years. So here we go again.
That’s why when I posted several months ago that you all might as well call yourselves co-founders, I wasn’t joking. Our future will make our current state look as if we’ve just begun today.
Back when we realized we were going to be one of the world’s largest trade associations (not just in the inspection industry, but one of the world’s biggest trade associations period) and started joking around with that “*Planet NACHI… resistance is futile” *slogan, I wondered how far it was from the truth. Today it appears the funny slogan was our destiny.
But Nick, in my area your membership is down around 70% just since January, how are you going to take over the World with a desertion rate like that?
Seeing as this was all preplanned, maybe I could get an anwer now to a question I asked 4 months ago, Which Association has ceased to exist, Nachi or InterNachi.
From the Court Record:
The Court held a motion hearing on September 5,2007. At the hearing, the Court took
Plaintiffs motion under advisement and requested that the parties submit supplemental briefs
within a week as to Defendant’s compliance with the terms of the parties’ settlement agreement.
On September 12,2007, Defendant **filed **a supplemental brief…
On September 12, 2007, Defendant **submitted **a supplemental brief indicating that it had
changed its logo again, removed the disparaging remarks from its NACHI.org and bribewatch.org websites, and was continuing in its efforts to replace the NACHI name elsewhere
On September 17,2007, Defendant filed a **Reply **to Plaintiffs Response arguing that: (1)
changing all references from “NACHI” to “INTERNACHI” requires a substantial and timeconsuming
effort; (2) Defendant’s members will be required to switch to the “INTERNACHI”
name once the new INTERNACHI.org site is launched;…
You say WE never responded or replied to this motion either verbally or in writting, then just how did the Court receive these Filings, Submissions, and Reply’s Nick, telepathically?
No word games here. Let me make it clear to you. NO ONE responded to their motion. You are referencing the wrong motion, a former motion filed in September, not the one the Judge ruled on which was filed in early November. How could we reply in September to a motion filed in November without a time machine? It didn’t happen. Don’t believe everything you read.
Let me make it clear in case you didn’t hear me the first time. NO ONE, not the defendant, not me, not any corporation, not any attorney, no one replied, responded or fought their motion.
Their motion to require changes from “NACHI” to “InterNACHI” on nachi.org wasn’t responded to or contested, because we had already voluntarily agreed to do that 4 months earlier in a mutual agreement (not a court order).
The case has now been dismissed because the parties entered into an agreement.
Roy, people don’t need to look for dirt to spread, it just seems to be attracted to this site and this organization. Maybe it’s because of the vacuum of deceipt that seems to reside here, the loophole logic, the advice to ignore State Laws and the refusal to abide by agreements and Court rulings.
Yup, it’s the samo OH same Oh here. I look in every now and then, it lookd pretty boring, it seems most of the Packs opposition has been driven into hiding since my expulsion. Out of curiostiy today I logged in and checked my little red box’s, it appears I get them even when I don’t post, so what the heck, I’ll stir the pot some more. I did notice that one of your Little Red Box group, the ones who usually have theirs disabled but are still able to “give”, has learned how to spell the Pack’s favourite “F” word in lieu of offering any sensible argument, sadly though the “giver” still has not grown any guts and does not sign their name.
At least Roy you aren’t afraid of an argument, and if you give out a Little red box you have balls enough to sign it, why don’t you teach the other members of your little group how to do that?
The Biggest, correct, the best??? doubtful, as has been demonstrated, this really isn’t the Free Speech site that you boast about, at least not for members, I don’t agree with the “Best”, but it is sometimes the most entertaining, although it’s looked pretty boring for the past few months.
Have a good Christmas Roy and I hope, as always, next year is better for everyone than this year, good can always be better.
Sorry I guess we will have to agree to disagree .
If there is a better place please let me know .
Free speech available else where please let me know .
Better next year I sure hope not , I could not stand, it every year is always perfect for me and My great wife .
We have always been very satisfied for as long as I can remember.
You can not score over 100% in our life .
We start and finish every day happy it just can not get any better.
… Cookie
The case, or lawsuit was dismissed because the Court made the decision to enforce and monitor the “agreement” isn’t that right?
As far as to which Motion we are discussing, you once again are playing word games, the Judges Opinion and Order was filed on 13 November, but it was the Opinion and Order that resulted from a Motion filed by NAHI on July 26 isn’t that also correct? And didn’t Nachi or InterNachi respond, reply, etc not only on the dates I posted but on 10 August. The filing on 13 Nov was not a Motion, it was a Finding, an Opinion and Order to comply with the Motion originally filed in July.
Or is their another Motion by Nahi out there that hasn’t been made public yet, that you say the Judge just rendered an opinion on, other than the dismissal of the original lawsuit because InterNachi and Nahi have reached an “agreement” by order of the Court.
So just what didn’t you Defend Nick? The final order and opinion or the dismissal of the lawsuit? But you, rather InterNachi, did respond and reply to the original Motion, and some of your replies, ike the one stating the difficulty in changing your websites, could be taken as a form of Defense.
How about the contradicting Statements in the Opinion Nick? On September 17 you told the court that all your members must change their logos etc, yet in other places you claim that the members were not effected by the original agreement and that you are “encouraging” them to change. Is that more word games?
Back to a 4 month old question that may still be of interest to many of your members, a straight answer would benefit them…DO YOUR MEMBERS HAVE TO CHANGE THEIR LOGOS AND REFERENCES TO NACHI ON THEIR MARKETING MATERIALS…Yes or No?
You’re confusing fighting a lawsuit which both parties mutually settled and a recent motion filed on November 8th. Maybe someone intentionally put out information to confuse you?
Their motion was filed on November 8th. No one replied to it because we didn’t have any problem with doing what we agreed to do 4 months ago. What is there to oppose?
The judge could order both parties to color everything it owns with pink paint if he so desires. He’s a judge. So I don’t really know if he will order either party to do anything more or not. If he does, both sides will probably end up buying a lot of pink paint.
Anyway, we did not oppose this motion and will not oppose any future motions or appeal any future decisions that don’t substantially hamper our plans for world domination.
No Nick you’re the one who is attempting to confuse the issue, you brought up the Lawsuit and its dismissal, maybe the motion to dismiss the suit was the one made on 8 Nov. I haven’t discussed the lawsuit, other than in reference to your comments at all, the original lawsuit has no real bearing on the Opinion and Order Issue by the Judge on 13 Nov, he stated that he would enter and order of dismissal, but retain jurisdiction over the agreement. That was right before he granted 3 out of 4 motions by NAHI.
It’s not me discussing the wrong Motions and Opinions Nick, it’s you. Maybe you’re right about not defending the Nov 8 Motion, but you are attempting to deceive your members that the opinion rendered on 13 Nov was the same one. If the Lawsuit was settled by agreement, even if that agreement was enforced by a Court, then why not dismiss the origninal Lawsuit, it has, as you say been settled.
I’m the wrong guy to ask for an explanation of free speech here don’t you think Nick? I’m the example that there isn’t any, at least for members who have to abide by your COE.
OK. We’re off topic. I’ll start a topic called “Hey Lewis” in this forum. You explain to all how you feel this message board is not protecting free speech. If I don’t know something I should, I will make it right for you.
Lewis it is so obvious how much you love NACHI and its members and how you are allowed to come here and post your drivel .
Many times you do say some great things .
Why not renew we will both be happy
What’s wrong Roy hasn’t anyone been disagreeing with you for the past few months, pretty boring when that happens isn’t it. I stop by every now and then but haven’t found any good arguements to join, today like I stated, I found I still get little red boxes, so why not stir things up.
Free speech??? I have said many things in Members Only section some for which I was in support of you and did not get my walking papers. Indeed, the ones that have been here the longest sometimes tend to gang up on someone but I have only seen that in defense of this organization or one of its members being treated badly (Is that so bad?). I remember quite clearly when you really started heating things up and the many, including me ask you just to make it good or leave it alone. I quite frankly agree with Cookie, I wish you would come back because you are a smart man and not scared to voice your opinion. But sometimes if the majority do not agree with your assessment on a given subject maybe you should just sit back, take a breath, and think about it. Maybe the majority is right on occasion. If you don’t want to be a part of this organization for Gods sake…Move On! Doing this can only make you more angry. Really look at it, does it make your life better or does it just waste time as you could be out drumming up business or doing an inspection or something!
Just my thoughts because I do respect your opinion.
Sorry for the rambling,
Randy
The spirited argument Roy and I had (among others on both sides) regarding styrofam insulation didn’t spark any interest? Or, is it that you are only interested in attempting to acheive some dissatisfaction in the rank and file, to promote negative feelings about an organization for some perverse rational. Every time any member of any home inspection organization takes a soapbox stand against another it cheapens our proffession. This political nonsense does more damage than is understood and should be put to an end.Inspectors as a group (without any organizations) number in amounts that government would listen to. When we allow our affilliations to divide us we weaken ourselves. The time has come and gone for these differences and the false loyalties to be cast aside to work towards common goals. What is your goal?
Randy, there’s a thing in political science called the tyrany of the majority, just because the majority has an opinion doesn’t mean it’s right and that the minority should shut up or leave.
I argued for months about the Washington SPI Issue, Bushart said it was unenforcable, did not pertain to Home Inspectors, etc. I admitted when I was wrong about the Sub Issue, but even after the State Attorney General issued their statement on the law he refused to admit any mistake on his part…should I have shut up? Ms Forsyth was warned by the WSDA, she listened to him not to me or other Washington Inspectors, now she’s been fined, should I have shut up.
Go to the members area and read Bushart’s post about why I was kicked out, read all the “quotes” he presented of posts I had made, then compare what I said with what this Judge in Michigan decided, was I wrong, should I have shut up? I probably should have shut up and may have if I had been interested in remaining a member, but previous arguments over the SOP etc. had made my Nachi membership an embarrassment to me, so why quit, why not irritate the pack as much as I could/can?
I’ve been pretty busy, inspections have slowed but renovating and flipping houses still pays good, plus it’s been fantastic fishing this year, days like today though are boring, why not stir the pot where it needs stirred the most.
Political damage is easy to do, your association here has, from what I hear 8000 members spread out over 50 States and several countries, you have neither the numbers or the agreement within your own association to be much of a political force in any state. Your loudest voices, and the ones in control are anti licensing in any form, yet most polls I’ve seen here over the past few years have shown that the majority favor regulation of some type.
I have no affiliation Brian, I’m not a fan of any Association, this one, for arguments long past, became an embarrassment to me , I’ve stayed away for four months now and haven’t entered any discussions here, but recently the same old voices have been appearing on other message boards making statements that are untrue, trying to spin issues and decisions that can’t be spun out there in the real world.
Seeing as the issue is the last one I argued here before I was kicked out, I decided to stop by and see the Celebration over the Court Decision in Michigan, but low and behold, nobody is talking about it here, yet people like Elliot and Nice bring their spin to me out there in the real world. Why not keep most of the discussion here.
My goal? Here it’s to irritate Bushart and the boys and to point out the spin that is being used by your leaders once again., after all this is a Free Speech Zone, for non members anyway.
It looks to me like NICK was correct and Tracy and Lewis as per usuall are full of Nothing .
Today is November 21st and things do not look liked they Changed at NACHI…
… Cookie