Jan Romanik (“J.Romanik”) and Teresa Romanik (“T.Romanik”) (together, “the Romaniks”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built a new home in West Kelowna, B.C. (the “New Home”), during the period of, or about, May 8, 2014, and March 21, 2017, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On February 16, 2018, the Romaniks were issued CO 18-0010. On February 26, 2018, BCH issued Amended Compliance Order 18-0008-1 to the Romaniks directing that the Romaniks:
- immediately either:
- apply for and become a BCH LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
- provide BCH Compliance Department with proof that the New Home was built by a LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- if J. Romanik or T. Romanik meets the eligibility requirements, either J. Romanik or T. Romanik may 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”); and
- until such time as the New Home is in compliance with the Act and Regulations, any offer to sell the New Home, or transfer of title of the Property by the Romaniks, 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 Registrar under section 22(1.2) of the Act.
The Romaniks were ordered to comply with Amended Compliance Order 18-0010-1 by March 23, 2018.