Anthony William Vanderbyl (“A.Vanderbyl”) and Kelly Seline Vanderbyl (“K.Vanderbyl”)(together, “the Vanderbyls”), built or caused to have built a new home in Aldergrove, BC (the “New Home”), during the period of, or about, October 14, 2016, and October 21, 2019. A. Vanderbyl is a BC Housing (“BCH”) Licensed Residential Builder (“LRB”)(39750) and obtained a commitment from an approved home warranty insurer on September 13, 2016, 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”). Construction commenced on the New Home and then the New Home was de-enrolled from HWI coverage by the home warranty insurer on March 28, 2019. This was contrary to section 22(1) of the Act since the Vanderbyls were found to have managed all or substantially all of the construction on the New Home. On October 21, 2019, BCH issued Compliance Order 19-0013 to the Vanderbyls directing that the Vanderbyls:
- Ensure all construction activities cease immediately on the New Home until such time as the New Home is in compliance with the Act and the Regulations; and
- Immediately either:
- register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
- provide BCH Compliance Department with proof that the New Home is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- if A. Vanderbyl or K. Vanderbyl meets the eligibility requirements, either A. Vanderbyl or K. Vanderbyl may apply for, and be issued, an Owner Builder Authorization for the New Home on the property pursuant to section 20(1) of the Act and section 4.1(2) of the Regulations.
The Vanderbyls were ordered to comply with Compliance Order 19-0013 by November 8, 2019.