Manohar Lal Gaba (“M. Gaba”), 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 main home and a new coach home in Vancouver, B.C. (the “New Homes”), for which Owner Builder Authorizations (“OBA”) had been issued, failed to engage in, arrange for, or manage all or substantially all of the construction of the New Homes. On August 23, 2016, BC Housing (“BCH”) cancelled the OBA that had been issued to M. Gaba for each of the New Homes. M. Gaba and Shakuntla Gaba (“S. Gaba”) are the registered owners of the New Homes property (the “Property”). On November 15, 2017, BCH issued Compliance Order 17-0040 to M. Gabba and S. Gaba (together, “the Gabas”) directing that the Gabas:
- prior to offering the New Homes and the Property for sale, or in the case of a Purchase and Sale Agreement already being in place for the Property, prior to selling the New Homes and the Property, the Gabas must:
- ensure each of the New Homes is enrolled with a policy of home warranty insurance pursuant to section 22(1) of the Act; or
- be granted a permission by the Registrar, pursuant to section 22(1.2) of the Act, authorizing M. Gabba or S. Gabba to sell, or offer to sell, the New Homes despite the requirements of section 22 (1.1) of the Act; and
- until such time as the New Homes are in compliance with the Act and the Regulations, any offer to sell the New Homes, or transfer of title of the Property, by the Gabas, 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 Gabas were ordered to comply with Compliance Order 17-0040 by December 05, 2017.