Kuldip Singh Aulakh (“K. Aulakh”) and Inderjit Kaur Aulakh (“I. Aulakh”)(together, “the Aulakhs”), contrary to section 20(1)(a) of the Homeowner Protection Act (the “Act”) and section 4.1(2)(b) of the Homeowner Protection Act Regulation, regarding a new home in Prince George, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, failed to fulfil the requirements of being an owner builder. On October 31, 2014, the OBA issued for the New Home was cancelled by the Homeowner Protection Office (“HPO”). On March 3, 2015, the HPO issued Compliance Order 15-0011 to the Aulakhs directing that the Aulakhs immediately:
- apply for and become an HPO Licensed Residential Builder (“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; or
- provide the HPO with proof that the New Home was built by an HPO LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act.
The Aulakhs were directed to comply with Compliance Order 15-0011 by April 3, 2015.