Hina Sami (“H. Sami”) and Sami Ullah Khan (“S. Khan”), built a new home in Surrey, B.C. (the “New Home”) for which an Owner Builder Authorization (the “OBA”) had been issued, and, contrary to subsection 20.1(1)(b) of the Homeowner Protection Act, H. Sami sold her interest in the New Home within the 12-month period of time after the New Home was built. On November 15, 2011, the Homeowner Protection Office ("HPO") Registrar suspended the OBA and notified H. Sami of the suspension by a letter of the same date (the “Owner Builder Suspension Letter”) requiring H. Sami to either become an HPO Licensed Residential Builder (“LRB”) and enrol the New Home in a policy of home warranty insurance, or provide evidence to the HPO that H. Sami had transferred a portion of the interest of the New Home back into her own personal name and that H. Sami is still living in the New Home and confirm in writing to the HPO that H. Sami intends to comply with the requirements of the OBA. On February 16, 2012, the HPO issued Compliance Order 12-0010 to H. Sami and S. Khan directing that they comply with the Owner Builder Suspension Letter. H. Sami and S. Khan were ordered to comply with Compliance Order 12-0010 by March 16, 2012.
Hina Sami and Sami Ullah Khan