Randall Wesley Brown (“RW Brown”), contrary to section 20(1) of the Homeowner Protection Act (the “Act”) and section 4.1(2)(e) of the Homeowner Protection Act Regulation, regarding a new home in Nanoose Bay, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, failed to maintain a registered interest in the land on which the New Home was built for at least one year from the date of first occupancy. On October 23, 2015, the Homeowner Protection Office (“HPO”) suspended the OBA that had been issued to RW Brown for the New Home. On April 6, 2016, the HPO issued Compliance Order 16-0015 to RW Brown directing that RW Brown:
- immediately provide the HPO with proof that the OBA issued to RW Brown for the New Home is in good standing; or
- immediately apply for and become an HPO Licensed Residential Builder (“LRB”) pursuant to section 14(1) of the Act, and register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act; or provide the HPO with proof that the New Home was built by an HPO LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act.
RW Brown was directed to comply with Compliance Order 16-0015 by May 06, 2016.