DNB Development & Services Ltd. (“DNB”) and Davied Nicholas Broderick (“Broderick”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), resumed construction on 12 new homes in Tappen, BC (collectively, the “New Homes”), sometime, on or about, June 27, 2022, after the New Homes were de-enrolled from home warranty insurance coverage on August 1, 2017, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without each of the New Homes being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On July 20, 2022, BCH issued Compliance Order 22-0022 to DNB and Broderick directing that DNB and Broderick:
Immediately, cease all construction activities and sale marketing efforts on the New Homes; and
a. become a BCH LRB pursuant to section 14(1) of the Act, and register the New Homes for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
b. provide BCH Compliance Department with proof that the New Homes are enrolled in a policy of HWI pursuant to section 22 of the Act; or
c. arrange for a restrictive covenant to be registered on the title to the property restricting the sale or other disposition of any of the New Homes for 10 years from the date of first occupancy of one of the New Homes pursuant to section 2(2.1) of the Homeowner Protection Act Regulation.
DNB and Broderick were ordered to comply with Compliance Order 22-0022 by August 19, 2022.