Bradley Alan Jennings (“B. Jennings”) and Jeanne Marie Jennings (“J. Jennings”) (together, the “Jennings”), contrary to section 19(1) Homeowner Protection Act Regulation (the “Regulations”) (as it read prior to November 19, 2007), built a duplex in Sun Peaks, B.C., (the “Duplex”), containing two attached dwelling units under stratified properties, for which an Owner Builder Declaration and Disclosure Notice (“OBDDN”) had been issued authorizing the construction of a new single-detached dwelling unit under one legal title. On August 13, 2012, the Homeowner Protection Office (the “HPO”) issued Compliance Order 12-0041 to the Jennings directing that the Jennings:
- cease engaging in the construction of the Duplex, and become an HPO Licensed Residential Builder (“LRB”) pursuant to section 14(1) of the Act, and enrol the each of the 2 units in the Duplex with home warranty insurance pursuant to section 22(1) of the Act; or
- register a restrictive covenant on the title to the Duplex restricting the sale or other disposition of any dwelling unit in the Duplex for 10 years from the date of first occupancy of a dwelling unit in the Duplex pursuant to section 2(2) of the Regulations;
- do not sell or offer to sell either of the dwelling units in the Duplex unless the dwelling units are covered by home warranty insurance or a restrictive covenant has been registered on the title to the Duplex.
The Jennings were directed to comply with Compliance Order 12-0041 by September 14, 2012.