Kulvinder Kaur Lally (“K. Lally”), contrary to section 20(1)(a) of the Homeowner Protection Act (the “Act”) and section 4.1(2)(f) of the Homeowner Protection Act Regulation (the “Regulations”), regarding a new home in Surrey, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, failed to engage in, arrange for or manage all or substantially all of the construction of the New Home. On June 16, 2016, BC Housing (“BCH”) cancelled the OBA that had been issued to K. Lally for the New Home. On December 22, 2016, K. Lally and Sarbjit Singh Lally (“S. Lally”) (together, “the Lallys”) were issued Compliance Order 16-0030. On July 20, 2017, BCH issued Amended Compliance Order 16-0030-2 to the Lallys changing the compliance date to August 11, 2017, and directing that the Lallys:
- Immediately:
- become a 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 BCH with proof that the New Home is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; and
- Until such time as the New Home is in compliance with the Act and the Regulations, any offer to sell the New Home, or actual transfer of title of the New Home property by the Lallys, 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 Lallys were directed to comply with Amended Compliance Order 16-0030-2 by August 11, 2017.