Barry Jerome Gillis (“B. Gillis”) and Karen Ka Yan Gillis (“K. Gillis”) (together, the “Gillises’), contrary to section 20.1(1) (b) of the Homeowner Protection Act (the “Act”), offered/marketed for sale a new home in West Kelowna, B.C. (the “New Home”) on, or prior to, September 5, 2012, for which an Owner Builder Authorization had been issued, during the 12-month period after the New Home was built. On November 20, 2012, the Homeowner Protection Office (“HPO”) issued Compliance Order 12-0044 to the Gillises directing that:
- the offering for sale, marketing, completion of any Purchase/Sale Agreement that may be in place, or already in place, and/or actual sale of the New Home cease immediately; and
- the Gillises provide the HPO evidence of the sale offering cancellation for the New Home, or in the case of a Purchase and Sale Agreement for the New Home already being in place, proof that the Purchase and Sale Agreement will not become a legally binding contract until such time as the Act and the Homeowner Protection Act Regulation are complied with, including compliance with the Compliance Order 12-0044, or until such time as the Gillises have received permission from the HPO Registrar to sell the New Home and fulfilled any conditions that may be attached, thereto.
The Gillises were ordered to comply with Compliance Order 12-0044 by December 14, 2012.