Harold Edward Dyck (“H. Dyck”) and Trudy Faye Dyck (“T. Dyck”) (together, “the Dyckes”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced or caused to have commenced construction on a new home in Sorrento, B.C. (the “New Home”), between the period of, or about, April 30, 2012, and 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 1, 2015, the Dyckes were issued Compliance Order 15-0038 (“CO”). The Dyckes were directed to comply with the CO by January 8, 2016. On April 14, 2016, the HPO issued Amended Compliance Order 15-0038-1 to the Dyckes extending the date for complying with the CO to May 30, 2016, modifying the orders contained in the CO, and directing that the Dyckes:
- 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 is enrolled in a policy of home warranty insurance pursuant to section 22(1) 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 (the “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 New Home by the Dyckes, 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 Dyckes were directed to comply with Amended Compliance Order 15-0038-1 by May 30, 2016.