Chapter By-Laws

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NORTHERN VIRGINIA CHAPTER
AMERICAN SOCIETY OF HOME INSPECTORS

BYLAWS

                                                            Adopted: September 22, 1992

 Revised:  May 23, 1995
 October 21, 1997
March 25, 2008
August 14, 2008

TABLE OF CONTENTS

ARTICLE                                                   SUBJECT                                                                      PAGE NO.

I              TITLE AND FUNCTION ............................................................................................................. 2

II             MEMBERSHIP........................................................................................................................... 2

III           DUES........................................................................................................................................ 4

IV           OFFICERS.................................................................................................................................. 4

V             DUTIES OF OFFICERS................................................................................................................ 5

VI           BOARD OF DIRECTORS............................................................................................................... 5

VII          DUTIES OF THE BOARD OF DIRECTORS...................................................................................... 6

VIII        COMMITTEES.............................................................................................................................. 6

IX           ELECTIONS................................................................................................................................ 7

X             CHAPTER MEETINGS.................................................................................................................. 7

XI           QUORUM.................................................................................................................................... 7

XII          FISCAL YEAR.............................................................................................................................. 7

XIII        PARLIAMENTARY AUTHORITY....................................................................................................... 7

XIV        AMENDMENTS.............................................................................................................................. 8

XV          INDEMNIFICATION...................................................................................................................... 8

XVI        RULES OF PROCEDURE (ROP)...................................................................................................... 8

XVII       DISSOLUTION OF THE ORGANIZATION........................................................................................ 8

CONTESTED BALLOT................................................................................................................................. 9

SAMPLE BALLOT....................................................................................................................................... 10

 

BYLAWS OF THE

NORTHERN VIRGINIA CHAPTER, AMERICAN SOCIETY OF

HOME INSPECTORS

August 14, 2008

ARTICLE I -- TITLE AND FUNCTION

1.     The name of this organization shall be the Northern Virginia Chapter, American Society of Home Inspectors, hereinafter known as NOVA-ASHI

2.     NOVA-ASHI shall be a voluntary, not-for-profit chapter of the American Society of Home Inspectors (ASHI).

3.     NOVA-ASHI shall comply with pertinent federal and state laws and shall not discriminate on the basis of race, color, creed, age or sex.  Where these bylaws conflict with pertinent federal or state laws, those laws shall govern.

4.     NOVA-ASHI shall be incorporated as a not-for-profit corporation and shall obtain and maintain, if practical, adequate and appropriate insurance coverage.

5.     NOVA-ASHI shall submit a copy of its annual budget and Financial statements to ASHI's Board of Directors upon request.

6.     The functions of NOVA-ASHI shall support ASHI and include but are not limited to the following:

a.     To recognize adopt and maintain the ASHI professional Code of Ethics.

b.     To recognize, adopt and follow the ASHI Standards of Practice.

c.     To promote among member home inspectors cooperative research and educational activities, having as their objective the improvement of the home inspection profession.

d.     To encourage the professional training of new inspectors to continue and sustain the profession.

e.     To conduct appropriate research, technical projects, programs and to issue technical reports.

f.     To provide an instrument by which the professional and technical interests of the inspection profession can be properly served.

g.     To promote cooperation and better understanding between the members and others in the field.

h.     To promote ASHI and NOVA-ASHI to the public.

ARTICLE II-- MEMBERSHIP

1.     NOVA-ASHI Members shall perform inspections of residential properties and prepare written reports on their condition in accordance with ASHI standards.

2.     NOVA-ASHI Members shall not repair, replace, or upgrade, for compensation, systems or components covered by ASHI Standards of Practice, for one year after the inspection.

 

ARTICLE II-- MEMBERSHIP (CONTINUED)

3.     To be eligible to join NOVA-ASHI as a home inspector, a person must be a  Member of ASHI in good standing.  As used in these bylaws, "Member in good standing" means a person who meets all of the following requirements:

                a.  Has applied for and been accepted as an ASHI Certified Inspector, an ASHI Associate, an ASHI
                     Retired Member, an ASHI Affiliate Member, or an ASHI Allied Professional. by both ASHI and           NOVA-ASHI,

                b.  Is current in regard to ASHI and NOVA-ASHI dues.

4.     Only Certified Members in good standing shall have the privileges of holding an elective chapter office and of voting in chapter elections.

5.     A person who has been accepted by ASHI as an Associate may apply to become a Member of NOVA-ASHI.  An Associate is subject to paying an annual administrative fee, may hold appointive but not elective office within the chapter, and may not vote in chapter elections.  A Member in good standing in NOVA-ASHI who becomes a Certified Member of ASHI automatically becomes a full voting Member of NOVA-ASHI at that time.

6.     All NOVA-ASHI Members are required to comply with and are subject to ASHI's existing and ongoing policies, regulations, rules, Bylaws, Standards of Practice, Code of Ethics, and Board regulations.  If any provision of these bylaws conflicts with or contradicts any of the above, ASHI’s position shall control.

7.     All disciplinary actions of ASHI Certified Inspectors shall be the exclusive function of ASHI  except for non-payment of chapter dues or administrative fees.

8.     A Certified Inspector who has resigned may apply for reinstatement.

9.     No Certified Member or Associate shall be actively engaged in business as a broker or a salesperson in the sale, purchase, or listing of real estate to third parties.  This prohibition shall not apply to Retired or Allied Professional Members.

10.  Retired Members shall be members of the Society who have been ASHI members in good standing for a minimum of five full years and who are no longer actively engaged in the home inspection profession including performing inspections, and supervision of inspectors for compensation.  Retired members shall meet such financial obligations and shall be entitled to such rights and privileges of the Society as may be adopted by the Board. Retired members may vote and hold office. Except as otherwise specified in these Bylaws, all reference to members shall include retired members.

11.  A Member who meets the requirements for the status of Retired Member may request a change to that status.

12.  A perspective member of the chapter may attend up to only three monthly meetings as a guest prior to paying dues and becoming a member.

13.  The membership categories and privileges shall be as follows:

Certified Member:   An ASHl Certified Inspector (ACI) in good standing.

                Receives:     All NOVA-ASHI function announcements, and one vote.  Eligible for NOVA-ASHI seminar discounts. Gets a seat at all monthly NOVA-ASHI meetings.

                Note:            You must be an ACI to be a Certified Member of NOVA-ASHI.

Associate Member:  An ASHI Associate in good standing.

                Receives:     All NOVA-ASHI function announcements, and one vote, except for elections.

Eligible for NOVA-ASHI Seminar discounts.  Gets a seat at all monthly NOVA-ASHI meetings.

                Note:            You must be an ASHI Associate to be an Associate Member of NOVA-ASHI.

 

ARTICLE II - MEMBERSHIP (CONTINUED)

Affiliate Member:    An ASHI Certified Inspector or Associate in good standing and holding a primary

                                      membership in another ASHI chapter or any individuals who are not ASHI members

                                      and who are participating in a special interest group are granted a 12 month grace period

                                      in which to join ASHI.

                Receives:     All NOVA-ASHI function announcements, but does NOT get a vote.  Eligible for NOVA-ASHI Seminar discounts.  Gets a seat at all monthly NOVA-ASHI meetings.

                Note:            Eligibility to be determined by the Board of Directors.

Allied Professional Member:  A person involved in a business relating to housing or construction, but

                                      does not meet the requirements for Membership in ASHI.  Persons meeting these categories

                                      include government housing inspectors, consumer affairs, real estate agents, contractors,

                                      beginning inspectors or people thinking about getting into the business, etc.

                Receives:     A all NOVA-ASHI function announcements, but does NOT get a vote.  Eligible for NOVA-

                                      ASHI Seminar discounts. Gets a seat at all monthly NOVA-ASHI meetings.

                Note:            Eligibility to be determined by the Board of Directors.

Retired Member:      A member of the Society who has been an ASHI member in good standing for a minimum of

                      five full years and who is no longer actively engaged in the home inspection profession

                      including performing inspections, and supervision of inspectors. 

                Receives:     All NOVA-ASHI functional announcements and may vote and hold office.  Eligible for

                                      NOVA-ASHI  seminar discounts, gets a seat at all monthly NOVA-ASHI meetings. 

                Note:            Eligibility to be determined by meeting ASHI requirements for ASHI retired member and

                                      as determined by the Board of Directors..

ARTICLE III -- DUES

1.     NOVA-ASHI dues and administrative fees shall be established annually by the Board of Directors.  The annual dues shall cover, in part, the operational and administrative expenses of the chapter.

2.     Dues and administrative fees shall be paid one year in advance.  The Treasurer shall mail or e-mail a renewal notice application to all members in the month of August.  Chapter Members who have not paid their dues by October 1

will be assessed a delinquent fee.

3.     NOVA-ASHI Members who have not paid their annual dues by the October meeting shall be suspended.  An application for reinstatement must be filed with the Board of Directors, with full payment of dues and delinquent fees.

4.     New NOVA-ASHI Members who join the membership after mid-year may have their dues adjusted to reflect a partial year assessment as directed by the Board of Directors and such dues may include an initial fee in addition to the annual dues to cover administrative and personalized name tag costs.

5.     Continuing Educational (CE) will be reported annually.  A report signed by the President of the Chapter will be provided to each indicating the total number of CEs accumulated during the chapter year.

ARTICLE IV -- OFFICERS

1.     The officers of NOVA-ASHI shall be a President, Vice President, Secretary, Treasurer and Immediate Past President.

2.     The officers of NOVA-ASHI shall perform the duties normally performed by such officers, together with such duties as shall be prescribed by the bylaws and the Board of Directors.

3.     Officers shall be elected at the June meeting.  Their terms shall commence July 1st at the beginning of the fiscal year and terminate on June 30th of the following year.

ARTICLE IV -- OFFICERS (CONTINUED)

4.     No officer shall be elected to the same office for more than two successive terms.

5.     No officer or director shall, by reason of that office, be entitled to receive any salary or compensation for the performance of duties as an officer or director, but may receive reimbursement for expenses as defined by the Board of Directors.

ARTICLE V -- DUTIES OF OFFICERS

1.     The President shall be Chairman of the Board of Directors and shall be an ex-officio member of all committees except the Nominating Committee.

2.     In the absence of the President, the Vice President shall assume the duties of the President.  In the event of a vacancy occurring in the office of the President, the Vice President shall serve as President until a successor is elected.

3.     The Secretary shall keep the minutes of all meetings of the Chapter and of the Board of Directors; shall preserve all papers letters, and transactions of the chapter; shall have custody of the chapter seal (if any) and shall deliver all such chapter property to the newly elected Secretary within one month after the end of the fiscal year.

4.     The Treasurer shall collect, receive and have charge of all funds of the chapter; shall deposit such funds in a bank designated by the Board of Directors; and shall provide for the expenditure of such funds.  All chapter funds, records, and a balance sheet showing the status of chapter funds as of the end of the outgoing Treasurer's term of office shall be delivered to the Board of Directors for review and audit within one month after the end of the fiscal year.  The newly elected Treasurer will receive all records no later than one month before the September meeting of the chapter.

ARTICLE VI -- BOARD OF DIRECTORS

1.     NOVA-ASHI shall have a Board of Directors consisting of the President, Vice President, Secretary, Treasurer, the Immediate Past President and four Directors.  Past Presidents other than the Immediate Past President are ex-officio non-voting members of the Board of Directors.  In order to form a quorum, the most recent Past President present at the meeting may act for the Immediate Past President and vote in board meetings until the Immediate Past President arrives.

2.     The terms of office of each Director shall be three years, commencing July 1st of the year in which elected and terminating June 30th of the third year following election.  No director may be elected to more than one term.

3.     The Board of Directors shall meet at least five times during each fiscal year.  Other meetings may be called by the President with at least three days notice to each member of the Board and must be called upon receipt of a written request signed by not less than 25% of the Board.  The President shall call an Annual Planning Meeting of the Board between July 1st and September 28th each year.  Also see Article VII-1-f concerning votes by telephone on urgent matters.

4.     The chairman of a standing or ad hoc committee who is not a regular member of the Board shall, during such times as matters directly pertaining to that committee are before the Board, become a member pro tem of the Board and have the right to make and second and vote on motions directly pertaining to that committee.

5.     There shall be two members or the number authorized by ASHI based upon the current chapter  membership appointed to ASHI as members of the ASHI Council of Representatives by the President, they shall be certified members of

NOVA-ASHI.

6.     The Board of Directors may appoint a member to the Board for legal and/or accounting purposes for the representation of NOVA-ASHI as a registered agent with the Commonwealth of Virginia.  This member of the Board would not have to be a member of ASHI or be a home inspector.  This Board member shall be a non voting member.

 

ARTICLE VII -- DUTIES OF THE BOARD OF DIRECTORS

1.     The Board of Directors shall

a.     Establish administrative policies governing the affairs of the chapter and devise measures for chapter growth and development.

b.     Provide for proper care of material, equipment and funds of the chapter.

c.     Vote on the President's appointments to committees.

d.     Have the power to fill vacancies on the Board of Directors excepting vacancies in the office of President or Vice       President.

e.     Call a special election when needed.

f.     Have the power to make urgent decisions by a majority vote of the full Board taken by mail, telephone, or e-mail on the initiative of the President when it is not practical to hold a special meeting.

g.     Recommend places and dates for holding chapter meetings and approve payment for such places when required.

ARTICLE VIII -- COMMITTEES

1.     Committees shall perform the duties specified in these bylaws and other duties assigned by the Board. Committees shall be appointed by the President with the approval of the Board.  Chairmen of committees must be Certified Members of NOVA-ASHI in good standing.  Candidates may serve as members of committees but not as Chairmen.  Standing committees shall be appointed by or as soon as possible after July lst each year.  The terms of office of standing committees shall be from the time of taking office until the end of the fiscal year.  Unless otherwise approved by the Board, committees shall consist of three Members.

2.     Standing committees and their duties:

a.     Membership.  The Membership Committee shall consider applications for Member status in the chapter and present such applications with their recommendations to the Board.

b.     Education.  The Education Committee shall establish and maintain an education program for the chapter.

c.     Bylaws.  The Bylaws Committee shall review all proposed amendments to chapter bylaws and present the amendments with their recommendations to the Board of Directors.

d.     Public Relations.  The Public Relations Committee shall develop a public relations program for the benefit of all the members.

e.     Nominating.  The Nominating Committee shall consist of the three most recent Past Presidents.  The Nominating Committee shall present a slate of candidates for the annual election to the chapter at the May meeting.  The membership will elect a Nominating Committee if three (3) past presidents are not available.

f.     Legislative.  The Legislative Committee shall develop a program to coordinate legislative and legal efforts to represent the chapter.

g      Website:  The Website Committee shall develop and maintain the NOVA-ASHI website as directed by the Board of Directors.

  1. Technical:  The Technical Committee shall develop technical papers and presentations for use of the chapter and its members as directed by the Board of Directors.

ARTICLE VIII -- COMMITTEES (CONTINUED)

3.     Ad Hoc Committees.  The President, with the approval of the Board, may appoint ad hoc committees to make special studies and report their findings to the Board.  The term of an ad hoc committee shall end when the Board finds the committee has completed its assigned duties.

4.     The chairman of each standing committee except the Nominating Committee shall maintain liaison with the chairman of the corresponding committee of ASHI.

5.     Membership on any committee may be terminated by the Board.

ARTICLE IX -- ELECTIONS

1.     An annual election shall be held at the June meeting to elect Officers and Directors for the next fiscal year.

2.     A proposed slate of candidates shall be presented by the Nominating Committee at the April meeting preceding the June election.  In addition to the slate of candidates presented by the Nominating Committee, nominations from the floor can be made with a petition signed by ten percent of the Members in good standing which is presented to the Chairman of the Nominating Committee not later than the beginning of the business portion of the May meeting.  This petition must include the nominees signed statement of willingness to serve in the position for which nominated.  The Chairman of the Nominating Committee shall ask for additional petitions during the business portion of the May meeting.  After this call for petitions nominations close automatically and the names of all nominees will be announced.

3.     The election will take place at the June meeting.  If no nominations have been made by petition a voice vote will be taken.  If nominations by petition have been made, the election will be by secret written ballot as specified in the Rules of Procedure.

4.     The Chairman of the Nominating Committee shall preside over the election portion of the June meeting.

ARTICLE  X -- CHAPTER MEETINGS

1.     The chapter shall hold at least ten meetings each fiscal year.  The time and place of each meeting shall be designated by the chapter and notice provided by electronic correspondence to each member at least one week prior to the meeting.

2.     A special meeting of the chapter may be called by the Board and shall be called upon receipt of written requests from 20% or more of the members in good standing.  Written notice of the time, place and purpose of the special meeting shall be mailed to each member in good standing at least seven days prior to the meeting.

ARTICLE  XI -- QUORUM

1.     Twenty percent of the Members in good standing or a majority of the Board shall constitute a quorum at chapter meetings providing an Officer and at least two other Members of the Board of Directors are present.

2.     A majority of the Board shall constitute a quorum at Board meetings provided the President or the Vice President is present.

3.     A majority of the Members of any committee shall constitute a Quorum of that committee.

ARTICLE XII -- FISCAL YEAR

        The fiscal year shall commence on July lst and end the following June 30th.

ARTICLE XIII -- PARLIAMENTARY AUTHORITY

        The rules of Robert's Rules of Order shall govern committee, Board and Chapter meetings where they are not inconsistent with these bylaws.

ARTICLE XIV -- AMENDMENTS

l.      Proposed amendments to these bylaws shall be submitted to the Chairman of the Bylaws Committee who will then submit them to the Board with the committee's recommendations.  A copy of the proposed amendments with the recommendations of the Bylaws Committee and the Board shall be appended to the written notice of the next chapter meeting.  Members in good standing may submit written recommendations for modifications of proposed amendments to the Chairman of the Bylaws Committee.  Such modifications must reach the committee chairman at least one week before the next scheduled chapter meeting and are to be submitted to the Board at that meeting.  If the Board accepts in whole or In part the proposed modifications, a copy of the modified amendments shall be appended to the written notice of the following chapter meeting and voted upon at that meeting.  If the Board rejects the modifications or if no suggested modifications are received, the amendments will be voted upon at the chapter meeting following the mailing of the original proposed amendments.  This provides Members the opportunity to comment on proposed changes, insures that those comments are accurately presented to the Board for consideration, and avoids spontaneous, hastily drafted oral modifications.

2.     A two-thirds vote of members present shall constitute approval of a proposed amendment.

3.     Amendments may be proposed by a petition signed by 10% of the chapter members in good standing.

4.     Amendments to these bylaws approved by the chapter shall be submitted to ASHI.

ARTICLE XV -- INDEMNIFICATION

The chapter shall indemnify any person who was, or is, a party or threatened to be made a party of any threatened, pending, or completed action, suit or proceeding (including actions by or in the right of the Society to procure judgment in its favor) by reason of the fact that said person was a representative of the chapter, against expenses including attorneys fees, judgments, fines, or amounts paid in settlement, actually and reasonably  incurred, if said person has been successful on the merits or otherwise ' such action or, upon a determination in the specific case that such indemnification is proper in the circumstances.  The chapter may purchase and maintain insurance for the purpose of indemnification on behalf of any or all persons to the full extent authorized by law.

ARTICLE XVI -- RULES OF PROCEDURE

The Board may establish Rules of Preclude for those subjects not important enough to be included in bylaws.  These Rules of Procedure shall be in writing and be distributed as a supplement to the bylaws.  They may be established, amended or canceled by a majority vote of the full Board.  The rules of procedure shall apply to NOVA-ASHI Certified Inspectors and ASHI Associates in the same manner as the bylaws.

ARTICLE XVII -- DISSOLUTION OF THE ORGANIZATION

Should the organization be dissolved, any assets of the organization financial or material shall be donated to a qualified charitable organization as determined by the Board of Directors.

 

CONTESTED ELECTIONS

CONTESTED ELECTIONS

RULES OF PROCEDURE (ROP)

CONTESTED ELECTIONS  If nominations for elective chapter office are received by written petition as specified in Article IX-3 of the bylaws the election must be by secret written ballot and shall be conducted as follows:

a.     The Treasurer shall, not later than May 29th, provide the Chairman of the Nominating Committee (hereinafter identified as Chairman) with a list of names and mailing addresses of all Members in good standing as of May lst.

b.     The Chairman of the Nominating Committee shall prepare written ballots and envelopes (described below) and mail them to all Members in good standing.  They shall be mailed at least two weeks prior to the June meeting.  The mailing shall consist of a #10 envelope addressed to the Member and stamped “Ballot'' to insure the addressee realizes action should be taken in regard to the envelope.  That envelope shall contain:

(1)  A #9 envelope addressed to the Chairman.  The back of the envelope shall be stamped ''Ballot" and have a space for the voter's signature as well as a statement that the ballot will not be counted if there is no signature.

(2)  A #6 3/4 or 6 1/4 plain envelope with no markings.

(3)  A ballot identifying each office and the names of all candidates for each office.  Where there is more than one candidate for an office, names of those candidates shall be arranged in alphabetical order by last name.

(4)  An instruction sheet explaining what the voter must do and how the ballots will be handled to ensure secrecy.

c.     The Chairman shall preside during the voting and shall follow the procedure described in the “Instructions for Voting".  One person selected by those candidates nominated by petition shall assist the Chairman in qualifying each "Ballot" envelope by comparing it to the list of Members in good standing, opening the "Ballot" envelopes, and counting ballots.

d.     After the ballots are counted they will be sealed in a separate large envelope and delivered to the Secretary who shall retain custody of the two large envelopes unit three months after the election at which time ballots and envelopes may be destroyed.

 

SAMPLE BALLOT

 

SAMPLE BALLOT FORM

THIS IS YOUR BALLOT FOR THE ELECTION OF NOVA-ASHI OFFICERS

(Please read the instructions below)

Instructions for Voting

1.     Mark your ballot indicating no more than one choice for each office.  DO NOT sign the ballot.

2.     Fold your ballot, place it within the small plain envelope, and seal the envelope.  Make no marks on the outside of the envelope.

3.     Place the envelope inside the envelope marked "Ballot" addressed to the Chairman of the Nominating Committee. SIGN THE BACK OF THIS ENVELOPE and print your full name underneath your signature.  If you do not sign the back, your ballot will not be counted.

4.     You may bring the sealed "Ballot" envelope to the June meeting or, if you will not be at that meeting, you may mail it to the address on the envelope TO ARRIVE BEFORE the June meeting.

At the June meeting all "Ballot" envelopes will be checked against a list of Certified and ASHI Retired Members in good standing,  Unsigned envelopes and those with illegible signatures will be set aside and will not be counted.

"Ballot" envelopes with legible signatures of Certified and ASHI Retired Members in good standing will then be opened and the sealed small envelope removed.  All "Ballot" envelopes will then be sealed within a large envelope and placed in the custody of the chapter Secretary.

The small envelopes will then be opened and the ballots removed and the votes tallied.

This process seems, and is, laborious but it affords all Certified and ASHI Retired Members in good standing an opportunity to vote in person or by mail, assures that all ballots counted are from Certified and ASHI Retired Members entitled to vote, and provides the necessary secrecy of their vote.