Afdon Contracting Ltd. (“ACL”) and Afshin Tajbakhsh (“A. Tajbakhsh”), built or caused to have built a new home in West Vancouver, B.C. (the “New Home”), during the period of, or about, May 6, 2008, and July 6, 2018. Although ACL was a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) (29332) between April 19, 2007, and April 30, 2018, and obtained a commitment from an approved home warranty insurer on September 14, 2009, to provide home warranty insurance (“HWI”) on the New Home as required by the Homeowner Protection Act (the “Act”) and the Homeowner Protection Act Regulation (the “Regulations”), the New Home was de-enrolled from HWI coverage by the home warranty insurer on June 11, 2018, contrary to section 22(1) of the Act. On July 5, 2018, Afdon Developments Ltd. (“ADL”) and A. Tajbakhsh were approved as BCH LRB 44799. On August 29, 2018, BCH issued Compliance Order 18-0067 to ADL and A. Tajbakhsh directing that ADL and A. Tajbakhsh:
- Immediately either:
- register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act; or
- provide BCH Compliance Department with proof that the New Home is currently enrolled in a policy of HWI pursuant to section 22 of the Act.
- Until such time as the New Home is in compliance with the Act and Regulations, any offer to sell the New Home, or actual transfer of title of the Property by ADL, A. Tajbakhsh, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Home has been granted by the Registrar under section 22(1.2) of the Act.
ADL and A. Tajbakhsh were ordered to comply with Compliance Order 18-0067 by October 12, 2018.