David Alexander Borden (“D. Borden”) and Lynn Kelly Borden (“L. Borden”) (together, the “Bordens”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built a new home in Falkland, BC (the “New Home”), during the period of, or about, 2007 and 2011, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by a policy of home warranty insurance. On April 10, 2012, Compliance Order 12-0025 was issued by the HPO to the Bordens directing that the Bordens:
- become an HPO LRB pursuant to section 14 of the Act and obtain home warranty insurance for the New Home pursuant to section 22 of the Act; provide proof that the New Home is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; or
- apply for, and be issued, an Owner Builder Authorization for the New Home pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation, and fulfil the requirements of being an owner builder.
The Bordens were directed to comply with Compliance Order 12-0025 by June 1, 2012.