Bene (No. 4) Development Ltd. (“BDL”) and Ming Nan Li (“Li”), contrary to section 14(1) of the Homeowner Protection Act (the “Act”), conducted the business of a residential builder without a valid BC Housing (“BCH”) Residential Builder Licence between June 3, 2024, and March 14, 2025, with respect to a main home and a laneway home under construction in Vancouver, BC (collectively, the “New Homes”). Although BDL obtained a commitment from an approved home warranty insurer on October 14, 2021, to provide home warranty insurance (“HWI”) on each of the New Homes as required by the Act and the Homeowner Protection Act Regulation, the New Homes were de-enrolled from home warranty insurance coverage by the home warranty insurer on October 8, 2024, contrary to section 22(1) of the Act. BDL and Li have continued construction on the New Homes between October 8, 2024, and March 14, 2025, without the New Homes being registered for coverage by HWI provided by a warranty provider. On March 14, 2025, BCH issued Compliance Order 25-0009 to BDL and Li directing that BDL and Li:
- cease all construction activities on the New Home; and
- immediately either:
- become a Licence Residential Builder (“LRB”) under the General Contractor category pursuant to section 14(1) of the Act, and register each of the New Homes for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
- become a LRB under the Developer category pursuant to section 14(1) of the Act, register each of the New Homes for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act, and provide BCH Compliance Department with proof that a licensed General Contractor has been contracted to manage construction on the New Homes; or
- provide BCH Compliance Department with proof that a licensed General Contractor has been contracted to manage construction on the New Homes and have registered each of the New Homes for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act.
BDL and Li were ordered to comply with Compliance Order 25-0009 by April 11, 2025.