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ok, now i'm mad. it's not enough that they're taking our money (alot of it). but it appears that they're looking for reasons to go after home inspectors on disciplinary actions. look at those numbers, it's totally ridiculous. isn't that discrimination? the btr obviously has something against home inspectors. but then again, it's all about the almighty dollar and how much they can take from hard working home inspectors like myself. what a worthless agency.

someone at the btr obviously hates home inspectors. what did we as an industry do to deserve this unfair treatment? I think they are bitter they got stuck with us. those az home inspectors who've been around awhile probably remember the btr never wanted to deal with home inspectors to begin with. the btr got stuck with us so they turned home inspectors into a nice income source. they used us to justify a bunch of incompetent employees they don't need, and now they have to go after and fine bunches of home inspectors to justify their continued existence

I can't even believe what I'm reading, but I went to the BTR's website and looked at some of the disciplinary information. This stuff is all true. how can they justify being so unfair to home inspectors? We all need to write our elected representatives and demand this unfair treatment be stopped.

Jared,
The BTR can't justify being unfair to home inspectors but it's okay because they don't have to. There's no real accountability in an agency like the BTR. They can be as dirty as they want and nobody cares, except the people who get screwed (home inspectors + our customers who pay more because of it). As long as the board allows the unfair treatment to continue, it will. you are right that we all need to contact our elected representatives. they're always looking for budget cuts and these inefficient government agencies are a good place to look.

this is just plain wrong.

How can any thing be fair when the Inspector can be charged with a complaint, have nothing found wrong per the complaint and still have to pay 500-1000 dollars for fees and for being right and made no mistakes? This is out of control and needs to be put down like a rabbid dog!

Dan - you are exactly right - no matter how bogus a complaint is, the BTR will find you guilty of something. They can't let you get away without paying some sort of fee, since after all, home inspector licensing is just about MONEY to the BTR, it has nothing to do with quality home inspections.

In one case I know about, the BTR actually claimed they do not have to follow THEIR OWN rules when processing a complaint, but could offer no explanation as to why they are exempt from obeying the law (because they were caught redhanded and had no excuse). This is something every AZ home inspector should be concerned about since the rules they claim are optional are the rules that ensure due process rights are observed.

Since when can a government agency just call you up on the phone and say come pay your fine, when you didn't even know there was a complaint opened against you?

The only way to end the unfairness and corruption is to ban together and tell the BTR that AZ home inspectors will NOT be their redheaded step-children anymore!

If home inspectors as an industry don't speak up now, I guess we deserve whatever we get in the future. Thanks for doing your part by speaking out against the unfairness. The BTR may think they're untouchable, but our lawmakers are watching and the ones I've spoken to have indicated a willingness to make some changes. Your voice will definitely make a difference so keep speaking up!

Consumers or Realtors files complaints.
The BTR does not file complaints against inspectors.
Every one pays a fine?
I would suggest getting involved on a BTR committee,getting involved you will find that to be totally not true.
Getting involved and attending local seminars that address proper reporting, to state standards will allow you to see other sides of the story.

Dan, the board also opens complaints on its own in some cases

From what I've seen, you are correct on lic renewal concerns, I did notice they nailed, for one of the biggest amount of Dollars, a high profile ASHI member, and I belive he is also a member of a couple commmittes.
I'm not sure what this is even about, From what I gather
{I could be totally wrong] Scott H has a problem with the BTR for some reason.

Taking on the BTR may be the wrong direction, from the little that I understand , the BTR staff, only enforces laws, and charges penalties pre-determined by others.

the btr "raised the bar" and didn't tell az home inspectors they changed the way they're interpreting the standards.

http://www.inspectorsjournal.com/forum/post.asp?method=ReplyQuote&REPLY_ID=22161&TOPIC_ID=3264&FORUM_ID=46

that conveniently allows the btr to nail many long time inspectors who were following az ashi standards the way they had always been interpreted. maybe az ashi had a meeting to tell their members the btr changed the standards, but all home inspectors were not at that one particular ashi meeting, and do not deserve to be fined because of it. the btr should have let all az home inspectors know they were changing the standards. assuming they only changed the way they were interpreting the standards, isn't that what substantive policies are for? but that seems to be their method of operation at the btr. that's what they did when they started requiring firms to register. they didn't tell anyone and just started fining companies for not registering, when the btr originally told home inspectors they didn't have to register their firms. that's what they're doing with the pool and spa standards now. they won't tell anyone there are new rules, they'll just implement them and start fining home inspectors who aren't able to attend the one ashi meeting where it's discussed. as this website points out, home inspectors have no representation on the board which makes us easy to abuse.

If they they changed the way they are interpreting the standards, or raised the bar, I am most likely not meeting them.

The only change I ever saw was, [I honestly don't consider it a change] not only are we required to identify the component, but also identify the condition, good or bad, I believe many thought,
if there was not a defect on a required component, we were not required to report on it.

That clarification, listing 80 plus items, has been on the check list on the BTR site for the past couple years.
I have heard of guys getting nailed for not inspecting an item that was not accessable, by just saying it was not accessable, and not recommend making access, or additional review after access was made.

50% of the enforcement staff going after 5% of the registrants... I think that says it all.

I agree 50 % sounds like a high number..
From prior posts I noticed someone complained that the complaint process took to long.
Maybe thats an indiciation to there are a lot more complaints against HIs, than others under the BTR.

of course there are more complaints against home inspectors when half the enforcement staff is dedicated to processing complaints against home inspectors (5% of the btr registrants). I wonder what the numbers would look like if only 5% of the btr's enforcement people were assigned to go after home inspectors which are 5% of the registrants. my guess is that only 5% of the complaints would then be against home inspectors. are you saying home inspectors are more deserving of complaints than engineers and architects? if 50% of the enforcement staff was dedicated to going after land surveyors I bet there would be a high percentage of complaints against land surveyors.

these people have been taking advantage of home inspectors for years now, glad someone finally noticed.

i agree there is a cause effect relationship between the % of enforcement staff dedicated to home inspectors and the % of complaints against home inspectors

the numbers show it and its no coincidense

From what I understand , the BTR must complete a complant in X amount of time,
There are apx 38 HI complaints that action was taken on in the past year,

How many complaints were filed with no action, where the complaint was dismissed?

Looking at the fines charged HI compaired to the others they seem fairly equal.

Looking at the causes for the consumer complaints that the Home Inspectors got fined for.
Guys, Honestly some of the inspectors got off real easy/ cheap, and could of been charged a lot more.

I believe we can be charged up to 1,000 per offence.

Hi Dan -

I recognize your name and comments from the NACHI forum. Since we're speaking "Honestly", you should probably disclose that you are or were a member of the BTR's Enforcement Advisory Committee, as well as AZ-ASHI leadership, right? In the spirit of full disclosure, it's only fair that readers of this blog understand the potential bias in your viewpoint.

I don't know you but you do seem very quick to defend the BTR, even posting a defensive response for the BTR's Executive Director, Ronald Dalrymple on NACHI.org. And on this website, of the dozens of comments that have been posted, only 2 people defended the BTR - you and one other person who was part of ASHI leadership in another state. I can't help but find that very curious.

You admittedly are "not sure what this is even about" yet you rushed to the defense of the BTR? Perhaps this is a perfect example of why those in AZ-ASHI leadership should NOT be working on BTR committees. Because once you work with the BTR for awhile, your loyalty becomes clouded and defending the BTR becomes instinctive. Instead of representing what's good for home inspectors, you begin representing the BTR's interest - which often conflicts with home inspectors' interests. That's why it's called a 'conflict of interest'.

Many AZ home inspectors, ASHI and NACHI alike, think it's this conflict of interest that has kept AZ-ASHI leadership from confronting the BTR about the unfair treatment of AZ home inspectors over the past several years. While some of AZ-ASHI's leadership were having a lovefest at the BTR, AZ home inspectors were being screwed and nobody has said a thing. I even saw a post you made on NACHI.org making fun of Nick for standing up to the BTR on behalf of NACHI members. Do you really think it's wrong for a home inspector association to defend the interest of its members? I personally think AZ-ASHI should take a page out of the NACHI play-book and start offering AZ-ASHI members something of value. But AZ-ASHI has become so focused on 'beating NACHI' that they seem to have forgotten why people join an industry organization to begin with. I think if AZ-ASHI would focus on promoting the interests of home inspectors, they wouldn't have to worry so much about 'beating NACHI'.

My company has always been loyal to ASHI - we even required all of our inspectors to join ASHI, but now we find ourselves asking, "why?" and "what has ASHI done for us lately?"

Rule #1 of ASHI's Code of Ethics says, "Inspectors shall avoid conflicts of interest or activities that compromise, or APPEAR TO COMPROMISE, professional independence, objectivity, or inspection integrity."

When someone in AZ-ASHI leadership also works on the BTR's committees, it APPEARS that objectivity may be compromised. And like it or not, perception is reality. You may have noticed that other comments on this blog have stopped since your defense of the BTR became so obvious. Instead of leaving comments, many people sent emails saying that you are "one of them". Again, I don't know you so I don't know if that's true, but it seems to be the perception anyway.

With regard to your last comment, even $0.01 is too high of a fine for a home inspector to pay if he has NOT first been given due process. Fine amounts are determined on a case-by-case basis, so the fine amount in one case is not really relevant to any other case unless the facts of the two cases are the same. Perhaps Manuel Maltos offered low fines to home inspectors so they would just sign a consent agreement and nobody would ever know that Manuel Maltos skipped 95% of the BTR's complaint process which is required by law.

If you are not "one of them" please ask Ronald Dalrymple or Manuel Maltos this question, and let us know the answer:

"Under what circumstances is the BTR exempt from following the complaint resolution process required by AAC R4-30-120 through R4-30-126?" and "What rule or statute allows said exemption?"

Their lawyer doesn't even seem to know the answer. Manuel Maltos was caught red-handed skipping all the required steps except the part where he called the home inspector on the phone and left a message with the Inspector's wife saying 'come sign your consent agreement TODAY or TOMORROW'. The parts he skipped were little things like:
- notifying the home inspector there was an open case against him
- letting him know what he was accused of
- allowing him the opportunity to appear in front of an enforcement advisory committee
- giving 15 days written notice for the informal compliance conference
- allowing time to consult an attorney and have the consent agreement reviewed

... just little things the legal world likes to refer to as 'due process' (which is guaranteed by both the US Constitution as well as the AZ Constitution).

Manuel Maltos even admitted/almost bragged that he did this to others as well. Since the BTR knew they had been recorded and they couldn't lie, they didn't deny Manuel Maltos skipped the required steps. Instead, they claimed they did NOT have to follow the law in this case. Of course, they could give NO explanation as to why.

Where I come from, to be exempted from a statute or rule requires another statute or rule. So ask Ronald Dalrymple or Manuel Maltos what statute or rule exempted them from obeying the law in Scott's case and others.

Also, ask the BTR goons what they really do all day. Seriously... it took 5 enforcement personnel to process 38 complaints last year? That's an average of 7.6 complaints per staff member, PER YEAR - they must be so proud! And they even skipped many of the required steps in at least some of those cases...

I think I need to get me a cushy little government job like that ...don't you? To the contrary, I know for a fact that most home inspectors work very hard for their money - which is why the status quo at the BTR is totally unacceptable.

It's time for somebody to stand up and do something about it. And I truly hope you choose to be on the home inspector's side of this fight. Because united we stand, divided we continue to get screwed by the BTR.

Yes I am the same dan.

"I am one of them"
That sounds staight out of gromickos text book of it's them against us.
As far a I'm concerened, screw nick, it's our state, our law, ASHI national doesn't have any say , why, or should he have have a say in it.
If AZ members of his org want to get involved, they have the same opportuinty as any other AZ inspector to present their concerns, join the rules and Reg committee, any other committees, or just get involved, there is always a standing offer for volunteers.
The way it stands now, as far as I know, only ASHI-NAHI and non org Inspectors have been willing to make that comminment to our profession.

Yes I am an AZ inspector that makes it a point to attend all local seminars, including 4 or 5 that reps from the BTR were there[ a couple times on their own time] to tell us how they are required by law to address HI concerns, and complaints, and a couple others where other ASHI and non ASHI members took time to volunteer their knowelge of the same topic.

I am also an AZ ASHI member, I am also the co- central district person.
One of the main reasons I accepted that position was to assure that we as AZ inspectors could continue providing free or low cost seminars to all inspectors,ASHI members or not, including seminars that address's lic, report writing issues, and also provide low cost other CE to members and non-members.

Yes I am on a BTR committee, the same committee has ASHI and non-ASHI members, any AZ inspector is welcome to be part of that, or any other committee.

Conflict of interest, loyalty to the BTR,
I would suggest attending a couple open meetings, you will quickly find there is no conflick of interest when you have inspectors together reguardless of what or no org they belong to.

Yes, as an AZ home inspector, I am on a BTR committee. Being a member of ASHI had nothing to do with me being there.

Me Being on a committee, creates a love feast at the BTR. Quite honestly, I dread the day that a customer files a complaint against me, believe me they take complaints seriously. I am certain with the other inspectors that I know on the committee, or emplyees of the BTR I will have no friends if I screwed up.

38 complaints handled by 5 BTR employees?
I could be wrong, but I believe these same employees handle complaints of all the other professionals.
I do know for a fact that there is considerable time spent on each complaint, interviewing the customer that complained, the inspector, and reading often a lot of paper work from often lawyers etc.
I also know for a fact that there were several in that same time period that were considered not valid, most those would of taken the same, or more time than the 38 listed.

Join in on the fight against the BTR, all I've seen is bashing with no documentaion one way or the other, complaints about how much Lic is, how much the BTR sucks, how one group of inspectors are out to get another group.
You will have to give me a little more information to make that decision.

What are our options if you succeed in not being regulated by the BTR?
Are those options any different , or better that what we have now.

As far as me asking Manny or Mr.D anything, I suspect either one would tell me it's non of my d-m business.
No thanks, I have met both of them, I'm not even going to consider going there.


As a result of just recieving a call, from an unidentified Phone #, accusing me of being biased, with name calling, and several profanites that I wiil not repeat.

Let me make a couple things clear.
The day anyone in ASHI tells me what I will do, or say, is the day I WILL leave ASHI and disclose that info.for all to see.

Additionally, the same goes if any one on the BTR staff tries to influence my opinion.

Dan-
Let's stick to the facts. Just ask Ronald Dalrymple or Manuel Maltos this SIMPLE question, and let us know the answer:

"Why is the BTR claiming they do not have to follow the steps required under AAC R4-30-120 through R4-30-126 when they are processing certain home inspector complaints?” and please be sure to get the rule or statute number that allows said exemption.

I'll look forward to hearing back from you with an answer from the BTR.

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