Pakhar Singh Heer (“P. Heer”) and Manjit Singh Heer (“M. Heer”), contrary to section 20(1) of the Homeowner Protection Act (the “Act”), and sections 4.1(2)(b) and 4.1(2)(e) 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 fulfil the requirements of being an owner builder during the period of, or about, October 22, 2012 and March 15, 2013. On November 26, 2012, the OBA issued for the New Home was suspended by the Homeowner Protection Office (“HPO”). On April 10, 2013, Compliance Order 13-0012 was issued by the HPO to P. Heer and M. Heer, directing that P. Heer and M. Heer:
- apply for and become an HPO Licensed Residential Builder (“LRB”) pursuant to section 14(1) of the Act; and enrol the New Home with home warranty insurance pursuant to section 22(1) of the Act; or
- have M. Heer apply for, and be issued, an OBA for the New Home pursuant to
section 20(1) of the Act and section 4.1(2) of the Regulations, and fulfil the requirements of being an owner builder; or
- provide the HPO with evidence that the New Home has been utilized by P. Heer as his primarily residence; and provide the HPO with a written confirmation declaring that P. Heer intends to fulfil the requirements of being an owner builder.
P. Heer and M. Heer were directed to comply with Compliance Order 13-0012 by April 26, 2013. Complied.