Marlin Orthner Construction (“MOC”) and Marlin Jacob Orthner (“M. Orthner”), contrary to section 14(1) of the Homeowner Protection Act (the “Act”), conducted the business of a residential builder without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) between the period of, or about, November 2019 and August 2023, regarding four new homes in Maple Ridge, BC (collectively, the “New Homes”) and without the New Homes being registered for coverage by home warranty insurance (“HWI”) since the New Homes were de-enrolled from HWI coverage on August 4, 2023, contrary to section 22(1) of the Act. On September 2, 2022, BCH issued Compliance Order 22-0012 (“CO”) to MOC and M. Orthner. On August 23, 2023, BCH issued Amended Compliance Order 22-0012-1 to MOC and M. Orthner modifying the orders contained in the CO, and directing that MOC and M. Orthner:
- cease carrying on the business of a residential builder as defined in the Act. More specifically, to cease engaging in, arranging for or managing the construction of the New Homes;
- immediately apply for and become a BCH LRB pursuant to section 14(1) of the Act, and register the New Homes for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act; and
- cease the above-noted activities until such time as MOC and M. Orthner become a BCH LRB pursuant to section 14(1) of the Act.
MOC and M. Orthner were ordered to comply with Amended Compliance Order 22-0012-1 by September 29, 2023.