Peter Allan Duttenhoffer (“P. Duttenhoffer”) and Dollie Lenora Duttenhoffer (“D. Duttenhoffer”) (together, “the Duttenhoffers”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built a number of new homes in Princeton, B.C. (the “New Homes”), between 2005 and 2014, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without any of the New Homes being registered for coverage by home warranty insurance provided by a warranty provider. On July 3, 2014, the HPO issued Compliance Order 14-0044 to the Duttenhoffers directing that the Duttenhoffers:
- immediately apply for and become an HPO LRB pursuant to section 14(1) of the Act and register each of the New Homes for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act;
- provide the HPO with proof that each of the New Homes is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act, or that each of the New Homes is exempt by the Homeowner Protection Act Regulation (the “Regulations”) from the requirements of the Act;
- ensure that all the New Homes situated on the property (the “Property”) are owned under a single legal title, and immediately arrange for a restrictive covenant to be registered on the title to the Property restricting the sale or other disposition of any dwelling unit on the Property for 10 years from the date of first occupancy of one of the dwelling unit pursuant to section 2(2.1) of the Regulations; or
- provide the HPO evidence that the New Homes are not residential dwelling units and do not meet the definition of a “new home” under the Act and Regulations.
The Duttenhoffers were directed to comply with Compliance Order 14-0044 by August 8, 2014.