Jamie Lee Fahselt, Clayton Gordon Fahselt, Travis Odell Fahselt, Melissa Joy Fahselt, Sharyl Lynn Fahselt, Brian Odell Fahselt, Lynda Corrine Czernicki, Lesley Lavern Czernicki, Norine Dawn McLennan, and Lance Scott McLennan (together, “the Owners”), contrary to section 22(1.1)(b) of the Homeowner Protection Act (the “Act”), offered for sale a new home in Jaffray, B.C. (the “New Home”), without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On August 10, 2017, BC Housing (“BCH”) issued Compliance Order 17-0027 to the Owners directing the Owners:
- immediately cease the offering for sale, marketing, completion of any Purchase/Sale Agreement that may already be in place, or may come into place, and/or actual sale of the New Home on the property (the “Property”); and
- cease the above-noted activities until such time as
- the New Home is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act;
- one of the Owners applies for, and be issued, an Owner Builder Authorization for the New Home on the Property pursuant Section 20(1) of the Act and Section 4.1(2) of the Homeowner Protection Act Regulation; or
- the Owners provide BCH Compliance Department evidence that the New Home is not a residential dwelling and does not meet the definition of a “new home” as defined under the Act.
The Owners were directed to comply with Compliance Order 17-0027 by September 1, 2017.