David Anthony Harper (“D. Harper”) and Margaret Yvonne Harper (“M. Harper) (together, “the Harpers”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), constructed a new home in or near Chase, B.C. (the “New Home”), sometime prior to September 23, 2015, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On December 23, 2015, the HPO issued Compliance Order 15-0050 to the Harpers directing that the Harpers:
- apply for and become an HPO LRB pursuant to section 14(1) of the Act and register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act;
- provide the HPO with proof that the New Home was built by an HPO LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act;
- apply for, and be issued, an Owner Builder Authorization for the New Home on the property (the “Property”) pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation (the “Regulations”); or
- provide the HPO with evidence that the New Home was built prior to 1999 and does not meet the registration requirements under the Act and Regulations ; and
- Until such time as the New Home is in compliance with the Act and Regulations, any offer to sell the New Home, or actual transfer of title of the Property by the Harpers, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Home has been granted by the HPO Registrar under section 22(1.2) of the Act.
The Harpers were directed to comply with Compliance Order 15-0050 by January 29, 2016.