Paulo Guilhermedos Santos Contumelias (“P. Contumelias”) and Maria Christian Contumelias (“M. Contumelias”) (together, “the Contumeliases”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built a new home in Smithers, BC (the “New Home”), sometime prior to September 2, 2020, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On July 7, 2021, BCH issued Compliance Order 21-0011 to the Contumeliases directing that the Contumeliases:
- Ensure all construction activities cease on the New Home; and
- Immediately either:
- become a LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
- provide BCH Compliance Department with proof that the New Home is enrolled in a policy of HWI pursuant to section 22 of the Act;
- if P. Contumelias or M. Contumelias meets the eligibility requirements, either P. Contumelias or M. Contumelias may apply for, and be issued, an Owner Builder Authorization for the New Home on the property pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation; or
- provide BCH Compliance Department with evidence that the New Home is no longer a residential dwelling and does not meet the definition of a “new home” as defined under the Act.
P. Contumelias and M. Contumelias were ordered to comply with Compliance Order 21-0011 by August 27, 2021.