Constitution And By Laws

HOME INSPECTORS OF TENNESSEE ASSOCIATION, INC.
CONSTITUTION AND BY-LAWS OF THE “HOME INSPECTORS OF TENNESSEE
ASSOCIATION, INC.”
April 2026 Edition

ARTICLE I
This Association shall be known as “HOME INSPECTORS OF TENNESSEE ASSOCIATION,
INC.”

ARTICLE II
This Association shall be incorporated under the Non-Profit Corporation Law of the State of
Tennessee.

ARTICLE III
The objectives of this Association are: 1) to promote better relations between Realtors, public
organizations, their agents, and the general public; 2) to maintain high professional standards, in the
conduct of work; 3) to combat unfair practices; 4) to encourage efficiency among all our inspectors;
5) to encourage those methods of contracting for work – which relieve inspectors of improper risks;
6) to encourage sound businesslike methods tending to raise the standards of all inspectors
generally in the business world; 7) to strive for harmonious and economically justifiable relations
with employees; 8) to cooperate with other associations of its type; 9) and promote continuing
education for the membership and industry.

ARTICLE IV
Scope of Activities
The scope of activities of the Association and its influence and interest shall, ordinarily, unless
formally undertaken and ratified, be limited to The Great State of Tennessee.

ARTICLE V
Membership
Section 1. Members. Any individual actively engaged in the home inspection business having a
permanently established business in the area served by the Association shall be entitled to apply for
membership as a member of this Association, subject to the provisions for admission hereinafter set
forth. Any individual who is in the process of getting licensed or has an “inactive” license status
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with the State of Tennessee may become an Associate member of this Association subject to the
provisions hereinafter set forth.
Section 2. Application for Membership. Any individual desiring to become a member of this
Association shall make application on a form supplied by this Association. The application shall
contain an agreement binding the applicant, if accepted to membership in this Association, to be
governed by its Constitution and By-Laws and all amendments thereto; to obey and comply with all
lawful agreements, decisions, orders, rules and regulations of this Association; and to pay all dues
and assessments provided for and levied pursuant to these by-laws.
Section 3. Duties of Membership Committee. It shall be the duty of the Membership Committee
to receive applications for membership and examine the level of membership requested and
qualifications stated. If the applicant is qualified and has provided the required documentation, the
membership committee shall approve individuals for membership. Any applicant that is rejected
may submit a written appeal to the Board of Directors. This appeal shall be read at the next
scheduled meeting of the Board of Directors.
Section 4. Qualifications of the Applicant. The Association shall consider application for
membership in the Association from individuals providing the following conditions are
satisfactorily met.
A. The applicant is licensed as a home inspector by the State of Tennessee and currently doing
business in the State of Tennessee.
B. The applicant must have proof of General Liability and Errors and Omissions insurance.
C. Specific requirements for the available levels of membership are listed in Article XIII.
Or for an Associate member applicant (inactive)
D. The applicant is listed as “inactive” by the State of Tennessee and currently not doing
business as a home inspector in the State of Tennessee.
Section 5. Approval of Applicant. The Membership Committee has the authority to accept or
reject the application for membership. The Board of Directors shall review any appeals submitted
by applicants that are rejected at their next scheduled meeting. Applicants will be notified in
writing of the findings of the Board of Directors, which shall be final.
Section 6. Initiation Fees and Dues. Upon submission of application, and prior to accepting
applicant as a member, the applicant shall pay to the Association dues and fees that are applicable
at the time of application.
Section 7. Resignation from Membership. Any member may resign from membership in this
Association by delivering to the President, Secretary or Treasurer of the Association a notice, in
writing, of such intention to resign thirty (30) days in advance of the effective date of resignation;
provided that, at the date of such notice, said member is not in arrears on dues or any other monies
owed to this Association; and further provided that such member shall remain subject to any and all
contractual obligations incurred while a member of the Association, and provided further that the
membership shall vote acceptance of resignation with or without prejudice.
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Section 8. Withdrawal from Membership. Any member of the Association who discontinues the
business of home inspections and/or becomes employed by another individual, firm or corporation,
not engaged in home inspections shall be considered as having withdrawn from the Association and
shall be furnished with a letter of Withdrawal upon payment of amount due the Association. Should
the withdrawn member desire reinstatement, subject to state qualifications of the Constitution and
By-Laws, said person not having committed act or acts injurious to the Association, he sha1l be
reinstated upon the payment of one year’s dues at rates in effect at the time of reinstatement.
Section 9. Reinstatement of Members. Any person or persons, who sever their connections with
the Association for any reason, except by withdrawal, may be reinstated, by paying indebtedness
upon the books of the Association, in addition to a new initiation fee. Any member reinstated by
paying all past due indebtedness to the date of dropping, suspension or expulsion, and in addition
must pay the required initiation fee.
Section 10. Absentee or Proxy Vote. A membership shall stand in the name of the individual.
Each member may designate in writing one individual known as “designee” who shall represent the
member at membership meetings with full power and authority to vote and act on behalf of such
member. A member may at any time revoke the designation of such member’s designee and make a
new designation. Any action taken at a regular or special meeting of members, duly called and
convened, shall be binding upon all members, whether any designee fulfills such qualifications and
its decision shall be binding on all persons.
Section 11. Voting. Each member in good standing with this Association shall be entitled to one
vote on each matter submitted to a vote of the members. The “designee” present at the meeting can
cast votes.
Section 12. Duties of Members.
A) All members of the Association shall review a copy of the Constitution and By-Laws. It
shall be the duty of each member to abide by the Constitution and By-Laws and all rules
of the Association.
B) Members are required to pay dues in accordance with the rules of the Association.
C) Members of the Association are required to notify the Secretary of any change of address,
in writing, within ten (10) days of such change of address.
D) Members are required, as a minimum, to perform inspections in accordance with the
Standards of Practice and follow the Code of Ethics set forth by the rules and regulations of
the State of Tennessee. Members are additionally required to pass an Ethics test administered
by the Association biannually with at least an 80% score. New members shall be required to
pass the test before obtaining full membership status. Said test shall be based on the
requirements of the State of Tennessee and these By-Laws.
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Section 13. Enforcement of Duties.
A) Any member charged with violation of the Constitution and By-Laws or any ruling of this
Association shall be notified of the charges brought; said notice to be sent to such member
at their last known email address, and “the notice” shall specify a hearing of such charges
by the Board of Directors.
B) The Board of Directors shall review the charges, take any actions necessary to determine
the facts and request that the member respond to the charges in writing. The Board shall
report to the Association said findings along with its recommendations for action. If a
majority of the Association concurs with the findings of the Board of Directors as to the
guilt of the member, then the member may be censured, fined, suspended or expelled by
an affirmative vote of the members.
C) In the event a member is found guilty of violating any part of the Constitution and By
Laws or any special rules adopted and a fine is imposed, the amount of the fine is left to
the discretion of the Board of Directors.
D) Yearly dues are payable between November 1 and December 31 for the upcoming year.
New member applicants joining after January shall pay a prorated yearly due. Every
member having dues in arrears shall have no vote on any matter coming before the
Association, nor shall he be eligible to hold office until the delinquent amount is paid, and
at the discretion of the Board of Directors, such delinquent member may be suspended or
expelled from the Association. No trial shall be necessary for action against such a
delinquent member.
D) Dues are payable on a monthly or annual basis as established by the Board of Directors.
The Board of Directors shall publish the current membership fee schedule annually and make
it available to all members and applicants. Membership becomes active upon receipt of the
first payment and renews automatically on the same monthly or annual cycle unless
cancelled.
Membership may be cancelled at any time. However, a member must maintain continuous
active membership for a minimum of three (3) consecutive months before being eligible to
vote or hold office. Active continual membership eligibility shall be reviewed by the
membership committee.
During the Home Inspector Expo, any individual not currently a member of the Association
who wishes to join HITA shall pay the full annual membership fee plus the member rate for
Expo attendance. Such individuals shall be considered active members immediately upon
approval by the membership committee and receipt of payment and shall be subject to the
continuous membership requirements set forth herein.
Every member having dues in arrears shall have no vote on any matter coming before the
Association, nor shall they be eligible to hold office until the delinquent amount is paid. At
the discretion of the Board of Directors, such delinquent member may be suspended or
expelled from the Association. No trial shall be necessary for action against such a delinquent
member.”
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E) When a member is suspended or expelled for non-payment of dues and desires to be
reinstated in the Association, he shall first pay all dues owed to the Association by him at
the time of his suspension, plus dues for the current year plus penalties, as voted by the
Board of Directors and approved by the Membership.
Section 14. Lifetime Honorary Membership
At the discretion of the board of directors and by majority vote of the board of directors, a
honorary lifetime membership may be offered to a member who has retired their home
inspector license. An honorary membership would be free of membership dues while
retaining full voting privileges and attendance to all meetings of the association except for
the Expo. Attendance at the Expo would require payment due to the expenses incurred by
the Association. Attendance at the quarterly meetings and the Expo shall qualify for CE
credits and certificates. An honorary lifetime membership offer shall be reserved for
members who have served the HITA organization as a board member or a distinguished
member who has served the home inspection profession with exceptional achievements.

ARTICLE VI
Administration
The officers of the Association shall consist of a President, a Vice-President, Secretary, Treasurer
and seven (7) Directors elected from the general membership of the Association. Attempt should
be made to have (3) Director positions filled from the East, Middle and West regions of the State
respectively if possible. The remaining unfilled Director at Large position may be from any region.
The additional (3) directors are to perform the duties of Membership Director, Education Director
and Social Media Director.
Originally the board consisted of the officers and (4) board members. The additional (3) board
members were voted into existence by the members present at the August 4, 2018 annual business
meeting.

ARTICLE VII
Election of Officers
Section 1. The Officers and Directors shall be chosen biennially by ballot at the first regular
summer meeting or by electronic means if no summer meeting is held. The person or persons, as
the case may be, receiving a majority of the votes rightfully cast, shall be declared elected. No
member of the Association shall be eligible to hold office unless he is in good standing on the day
of nomination, and has been a member of the Association for a period of six (6) months. In
addition, all nominees for Officer positions must have previously held a position as an Officer or a
Director for at least one year. All nominees for Officer positions must have previously held a
position as an Officer or a Director for at least one year. However, when a qualified candidate is not
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available or when the Board of Directors determines it is in the best interest of the Association, a
member in good standing may be appointed or elected to an Officer position other than President
without prior service as an Officer or Director, upon approval of a two-thirds (2/3) majority vote of
the Board of Directors. There is no additional requirement for a member to be a Director.
The Election Committee shall be responsible for obtaining candidates for Officers and Directors.
They should seek to obtain at least 2 candidates for each position if possible. The Election
Committee shall report to the Board of Directors the list of proposed candidates at the meeting
immediately preceding the annual elections. The ballots shall be produced based on these
nominations. There will also be a request for any nominations from the floor at the time of the
election, any of which will be written in to the ballots prior to the election.
The Officers and Directors shall serve for a term of two years until the next biennial election.
The term of office for all officers and board members was originally one year. The length of the
elected term was officially changed to two years at the August 4, 2018 annual business meeting.
Section 2: Any Officer, Director, or Chairperson of a Standing Committee of the Association
absenting himself for three (3) meetings in succession, except in the case of illness or other valid
reason, shall have his position declared vacant by the Board of Directors and filled by appointment
of the President with the approval of a majority of the Board. The requirement for waiting for three
(3) meetings in succession to be missed prior to being declared vacant is waived in the event a
member becomes incapable of performing their duties.

ARTICLE VIII
Officer’s Duties
President: The President shall have general management of the Association, subject to the
Constitution and By-Laws.
He shall preside at all meetings of the Association, appoint all committees not otherwise provided
for, see that the Constitution and By-Laws are enforced and generally perform such duties as his
position demands.
The President shall have the power to appoint in his discretion any committee between regular
meetings he deems necessary for the benefit of the Association, reporting same at the next regular
meeting.
Vice-President: During the absence or disability of the President, the Vice-President shall have
similar duties and powers.
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Secretary: The Secretary shall be responsible for the keeping of the minutes of each meeting, any
correspondence of the Association, and any records of attendance, and any other matters concerning
the day-to-day functions of the Association.
Treasurer: The Treasurer shall be responsible for keeping regular books of accounts that are
necessary; he shall countersign such instruments as require his signature; and shall perform all
duties incidental to this office.
All Officers and Directors: To promote the Association throughout the state: To establish chapters
of the Association where adequate membership is available, thereby reducing unnecessary travel
and hardship upon membership. Area chapters are to operate within the requirements set forth for
the state Association.
Board of Directors: The Board of Directors shall be composed of the President, Vice-President,
Secretary, Treasurer and seven (7) additional members to be elected from the membership of the
Association. The Secretary shall serve as Secretary at the Board of Director’s meeting. The Board
shall have general supervision and authority over the conduct of the affairs of the Association, and
its decision and acts shall be final and binding upon the Association unless reversed or suspended
by a vote of the Association at the meeting following such action or decision. It shall meet upon the
call of its Chairman President or two (2) of the members of the Board. A quorum of the Board shall
compromise not fewer than three (3) six (6) of its members. The Board shall elect a Chairman at its
first meeting by majority vote.

ARTICLE IX
Standing Committees
The Standing Committees of the Association shall be appointed by the President, unless hereinafter
provided, as soon as convenient after the election, and the members of these committees shall
continue to serve during the ensuing year until their respective successors have been appointed,
unless sooner relieved from service by order of the President or Board of Directors. All Committee
Members shall be from its active membership and be in good standing at the time of appointment.
In event of a vacancy, the President shall immediately appoint a successor. The Board of Directors
shall have power to remove members of committees if they find it expedient. The following shall be
Standing Committees:
Marketing Committee: Consisting of two (2) or more members, which shall devise means and
ways to grow the membership of the Association and obtain cooperation of other organizations and
individuals in the furtherance of Association purposes and objectives.
Education Committee: Consisting of one (1) or more members, who shall obtain speakers and
training for Association meetings, document and coordinate approval for continuing education
provided through the Association with the appropriate authorities, and “in general” have charge of
the planning of Association programs.
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Changes and Amendments Committee: Consisting of two (2) or more members, which shall
study any proposed changes or amendments to the Constitution and By-Laws and make
recommendations to the Board of Directors regarding same. All changes approved by the Board of
Director’s shall be presented to the Membership at the next business meeting and approved upon a
two thirds (2/3’s) vote of the members voting.
Membership Committee: Consisting of one (1) or more members, this committee shall have the
duties set out in Article V, Section 3 of this instrument.
Election Committee: Consisting of two (2) or more members, this committee shall attempt to
identify at least two (2) candidates for each Officer and Director position. They shall ensure that
the candidates are qualified to hold the respective position and present their recommendations at the
Board meeting immediately proceeding the annual business meeting when the election is held.

ARTICLE X
Dues
Section 1: The dues of the Association and rules and regulations for reports in connection with
computation of dues and payment of same, are established by the board of directors. The initial
dues may, however, be determined by the members present at the organization meeting or any
subsequent meeting of the Charter Members of the Association, upon three-fourths vote of the
Charter Members.
Section 2: The dues and assessments as set up and approved shall be used only for Association
expenses, educational funds or other expenses for the good of the Association.
Section 3: All monies of the Association shall be deposited in such bank as shall be designated by
the Board of Directors and shall be withdrawn upon such signatures and upon such terms as may be
approved by the Board of Directors. However, if the Association has a surplus of funds, these funds
may be invested as empowered by the Board of Directors.
Section 4: An annual review of the finances and accounts of the Association shall be made by an
entity appointed by the Board of Directors of the Association at the end of each fiscal year.

ARTICLE XI
Association Office
The Association shall have the power to purchase, lease, hold, sell, mortgage or otherwise acquire,
or dispose of real or personal property; to enter into, make, perform, or carry out contracts of every
kind, with any firm, person, corporation, or association; to do acts necessary and expedient for
carrying on any or all of the objects and purposes of the Association not forbidden by its
Constitution and By-Laws or the laws of the State of Tennessee, or of the United States, but only
through the duly elected officers of the Association.
May 2026

ARTICLE XII
Association Meetings
Section 1: The regular meetings of the Association shall be held at least semi-annually at the time
and place selected by the Association. Special meetings may be called by the President or Directors
or at the written request of three (3) members.
Section 2: Meetings of this Association shall be conducted according to parliamentary procedure
stated by Robert’s Rules of Order.
Section 3: After the President has called the meeting to order, the following order of business
should be observed:
1. Secretary’s report and reading of minutes.
2. Treasurer’s report.
3. Report of standing and special committees.
4. Old and/or unfinished business.
5. New business.
6. Adjournment.
Section 4: At special meetings, the order of business shall be as follows:
1. Roll call.
2. Reading of the call of the meeting.
3. Reading of the minutes of a previous session of the same meeting, if any.
4. Business stated in the notice of the meeting.

ARTICLE XIII
Membership, Certification, Designations, and Affiliates
Section 1. An individual seeking full membership and/or Certification with HOME INSPECTORS
OF TENNESSEE ASSOCIATION, INC. shall:
Not act in any capacity of a Real Estate Appraisal or Appraiser, Real Estate Agent or Broker,
Closing Agent/Attorney, a Real Estate Title Company or Employee, an Agent or Employee of a
Lending Institution, Agency, Contractor or Company for any property transaction that has been or
will be inspected by the member ninety days prior to applying for, nor at any time while holding
said membership and/or certification.
In addition to the requirements of Article V, meet the requirements for the appropriate level of
membership desired as specified in remainder of this Article below.
Section 2. HITA Inspector
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All Inspector applicants will join as HITA Inspectors. A HITA Inspector is a Home Inspector
licensed by the state of Tennessee and is in the process of fulfilling the requirements of a Certified
Home Inspector designated below, but has not yet obtained certification. HITA Inspectors in the
Association do not have all privileges granted to Certified Inspectors. This includes, but is not
limited to, use of any certified inspectors insignia and/or logos by the Association. A HITA
Inspector is not allowed to advertise as a certified member. This privilege is reserved for HITA
Certified Inspectors ONLY.
Section 3. HITA Certified Inspector
Perform Home Inspections in accordance with the rules and regulations promulgated by the State of
Tennessee without supervision.
Successfully market the Home Inspection Industry by performing at least one-hundred (100) fee
paid home inspections, have peer review of a sample of their reports and passing a written exam for
certification.
Section 4. HITA Master Inspector
Must successfully meet the requirements of Section 3 (HITA Certified Inspector) above and
complete five-hundred (500) fee paid home inspections that meet or exceed standards.
A HITA Master Inspector shall promote the home inspection industry, counsel, encourage and offer
guidance to all Members of said Association. A HITA Master Inspector shall always conduct
oneself in such a manner as to project honesty and integrity to all.
Section 5: Affiliate Members
Affiliate memberships of the Association do not have any privileges granted to HITA or HITA
Certified Memberships. Affiliate memberships are for those individuals who seek to be informed
about the home inspection industry and are typically in trades, fields of endeavor or other industries
related to real estate. Affiliate members are entitled to receive all correspondence, attend all
meetings and training sessions of the association at the same cost levels afforded to HITA or HITA
Certified Memberships. Affiliate membership levels and fees shall be set by the Board of
Directors.
Section 6. All Certified Inspectors:
Each Inspector is held responsible for the quality of the inspections and resulting reports; said
Inspector shall be liable for only the inspections they performed.
Failure to adhere to the requirements set forth herein will result in litigations before HOME
INSPECTORS OF TENNESSEE ASSOCIATION, INC. and could result in expulsion from said
Association.
Section 7. Continuing Education:
May 2026
A Continuing Education Program should include every aspect of the “Residential Inspection”. The
Professional Residential Inspector must be versed in not only the mechanics involved, but also the
verbal language, written analysis, and Professional Ethics as required by THE HOME
INSPECTORS OF TENNESSEE ASSOCIATION, INC. Successful completion of sixteen (16)
hours approved by HITA is required every two (2) years effective September 1992. Thus the
following criteria are suggested:
1) WHAT TO INSPECT AND WHY?
a) DO’S AND DON’T’S
b) HEALTH AND SAFETY
c) LIABILITIES CREATED DURING INSPECTION
2) MECHANICS
a) ITEMS ON AN INSPECTION
b) OPERATING AND INSPECTING SYSTEMS
3) VERBAL REPORTING AND PROFESSIONAL ETHICS
a) INTRODUCTION OF ONE’S SELF
b) DESCRIPTION OF INSPECTION STYLE
c) DURING THE INSPECTION
d) REPORTING AT COMPLETION OF INSPECTION
4) WRITTEN REPORT OF INSPECTION AND PROFESSIONAL ETHICS
a) CONTENTS
b) DESCRIPTION OF THE INSPECTION STYLE
c) PROTECTING LIABILITIES AFTER THE INSPECTION
d) PROFESSIONAL ETHICS OF REPORTING
Section 8. Associate Members:
Associate memberships of the Association do not have any privileges granted to HITA or HITA
Certified Memberships. Associate memberships are for those individuals who have an inactive
state license and are seeking to obtain continuing education credits. Associate members are entitled
to receive all correspondence, attend all meetings and training sessions of the association at the
same cost levels afforded to HITA or HITA Certified Memberships. Associate membership levels
and fees shall be set by the Board of Directors.

ARTICLE XIV
May 2026
Amendments
All proposed changes or amendments to the Constitution and By-Laws shall be submitted by three
members of the Association and said proposed change will thereupon be referred to the Committee
on Changes and Amendments for study and thereafter will make its report to the Association as to
whether the Change should be adopted. The change will then be called for a vote and the majority
will either reject or adopt the same.

ARTICLE XV
Adoption
The foregoing Constitution and By-Laws having been approved in regular meeting of the
Association, by the members of THE HOME INSPECTORS OF TENNESSEE ASSOCIATION,
INC. are hereby adopted as the Constitution and By-Law for this Association,

ARTICLE XVI
Official Roll of the Association
Each member of the Association does hereby agree to abide by the Constitution and By-Laws of
this Association and all amendments thereto and there shall be an official Copy of the Constitution
and By-Laws of this Association, and all members thereto, kept in the custody of the Secretary.
May 2026