Yippee!!! Kansas AG says association membership requirment unconstitutional!

Okay, Thanks!

Well according to the other parts written into the passed Bill, they do have the right to make a selection on an SOP. They do not have the authority to write one though. So after careful examination of all the known SOP’s one will come out on the approval list.

So AG says its unconstitutional for mandatory association membership. That is good, one part of the passed Bill that will have to be amended because of a FLAW. It is my opinion that there are several more FLAWED sections of the written BILL. But, I am no lawyer and didn’t spend last night at a Holiday Inn Express. Since items of the passed BILL will require review by the AG, it is important that any questions of legality be directed to the AG’s office directly.

Your opinion maybe there’s not a conspircary, its still quacks like a duck, waddles like a duck the only difference is that its resembling a goat more and more everyday. It’s going to be interesting to see just how many more FLAWED items will be tossed by the AG.

The current approved law is going to require an enormous amount of re-writing that when its done, will not even come close to the original approved BILL. Watch the bias in the re-writes.

Funny how the AG got involved, huh? :wink:

We made some contact with the office before the Bill was voted into law. At that time, we were basically told that they could do nothing at that time. Thats why from here on out, all issues of the Bill that appears questionable needs to be brought forth to the AG. Since our governing body of Senators and Representitives can’t see the forrest for the trees, or the Bling of the Green blinding from the KAR, just maybe the AG people will work with opened and unobscured eyes.

Watch the morphing that is going occur, very, very soon.

The AG was informed by Senator Brownlee from the beginning. I have the e-mail that states sections 9 and 11 of the bill is in effect now. Kansas has many regulations on incorporations and LLC business. Kansas is very protective of their small business. This will conflict, as I predicted, with the home inspectors bill. The AG can throw out the whole bill, and make everyone start over. Senators and committe members knew this bill was flawed from the beginning, as many changes where made, even at the last minute, to try to please the KAR, KAREI, and others. It will most likely come to the point that you may not have to be a member of any association, just be a registered member of the Kansas board. I do not see iNACHI or ASHI gaining any membership here. The fight will be over the SOP, and when you show the SOP examples to the AG, his/her will throw it out most likely. The AG has never seen an SOP. When they do, I would love to see their reaction. What does get inspected, what does not. What is this??? I would love to be on a committee, but I cannot do it for free. I would rather be doing home inspections, and get paid. Kansas does not have any money. I do not see how this thing will get going, if not at all. Paul, you are right-on.

Gary

The emails that you have, from what Dept did they originate from? If the AG says they can’t enforce without the SOP and can not regulate how do they figure they can enforce Sec 9 & 11.

This is the time that every flaw in this bill be bought in front of the AG. You guys in Kansas are going to be busy. Good Luck! I have not talked to any Missouri inspectors about this yet, but if you guys need any help just let us know.

Wasn’t the ashi SOP re-written a year or two ago to include language that in order to use their SOP, you had to also abide by their COE? There are many inspectors who would state they follow the ashi SOP and yet were not ashi members. They changed the SOP to require:

     2.2   *[Inspectors](http://www.homeinspector.org/standards/standards2.aspx#)* shall:
  1. adhere to the Code of Ethics of the American Society of Home Inspectors.

Ashi holds the exclusive rights to their COE. If you aren’t a member, you can’t write or state that you use/follow their exclusive COE. So if you advertise that you follow the ashi SOP without being an ashi member, you are violating ashi’s “exclusive rights” to their COE. The question is, could they legally stop you? Could they get a “cease and desist” order or even sue for back dues for using their “exclusive product”? Hmmmm

Thats an interesting proposition.

Can I be ordered to “Cease and Desist” AND successfully sued by the Baptist, Catholic, or Mormon Church for saying - I follow the Baptist, Catholic, Mormon guidelines & ethics even though I’m not a member.

Ashi holds a governmental issued registration regarding 2 specific documents. If you wish to use those documents, you need the permission of ashi. Just like the tag lines that NACHI owns, you need to be a member in order to use those lines. It is a matter of ownership, not religiions tenets. Try and name your business McDonalds and use two arches in your logo and see what happens…

Kansas will be adopting InterNACHI’s SOP, in part due to: http://www.nachi.org/freeuse.htm

Stephen Stanczyk -


You’re missing a very important point. As a 25 year ASHI member, we don’t have the time, money or anything else to try and sue everybody that says something like:

I follow the generally accepted SOP of the Amercican Society of Home Inspectors. When the east coast crowd brought this up - Many ASHI Board members thought it was stupid because it could not reasonably be enforced. But it was passed …

I bet I can say: I eat at McDonalds and the Golden Arches and I like them so much I try and make similar meals at home -

Nobody is gonna sue me.

If it is adopted verbatim with acknowledgment then that would be a coup of unprecedented proportions. Even without acknowledgement it would be huge. I truly hope that comes to pass.

I have asked several times. How is the new Kansas home inspectors bill going to be enforced? Kansas has no money. Are the RE/agents going to do it? How do other states enforce their inspector laws? Is Jeff Barnes going to go with us on every inspection? Even if you are licensed, you will still bend the SOP, no matter who’s you use. Ah, Clint Eastwood.

Gary, Gary -

My naive young innocent - trust our Kansas realtors to find a way to pay for the important things in life, even if they have to take milk from starving babies OR healthcare from senior citizens. They will find a way.

When its as important to protect “National Security” as regulating Kansas Home Inspectors - they’ll come through for us.

Yeah Realtors ???

I’ve never really noticed the tags on the threads. Have they always been there? And not moderated?

They are the lost hanging chads of Florida past. I wondered where they went. I believe legislatures considered the missing chads a national security issue.

This message is for Jame B. and Nick G.
This conversation would be better kept private rather than open discusion.
Dennis Fackler
Tampa Florida

Dennis – you live in a state where the factions and special interests that would gain by a licensing law successfully got one signed. Most of this happened outside of earshot and under the radar…where those who opposed it would have little time to form an opposition and respond.

Likewise, in Kansas, the proponents of this legislation kept their opposition in the dark while pretending to be a “coalition” representing all home inspectors. Many well meaning Kansas inspectors thought they should remain silent so as not to harm their business relationships with realtors…only to find them rejecting them once the law was passed, anyway.

Silence and secrecy is what the bad guy needs to push through a bad bill that benefits him and other special interests. Such things seem to wilt and lose their momentum once they come under the scrutiny of the public eye and those who will be adversely affected have the opportunity to speak out on them.

No sir…silence is the tool of the proponent of HI legislation. This is one of the reasons they preach that it is “inevitable” and that the opponents to it should simply accept it.

I will not take this off the board and, frankly, if more Florida inspectors had come forth and done likewise you would not be looking at the ridiculous law that looms before you.

Huh?