Riverdell Adventures Inc. (“RAI”) and Nancy Alison Koch (“Koch”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced or caused to have commenced construction on two new homes in Beaverdell, BC (the “New Homes”), sometime between the period of, or about, August 24, 2020, and October 29, 2021, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Homes being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On January 26, 2023, BCH issued Compliance Order 23-0002 to RAI and Koch directing that RAI and Koch:
- immediately cease all construction activities on the New Homes; and
- immediately either:
- 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;
- provide BCH Compliance Department with proof that the New Homes are enrolled in a policy of HWI pursuant to section 22 of the Act;
- provided the Property meets the acceptance criteria for a rental exemption, arrange for a restrictive covenant to be registered on the title to the property restricting the sale or other disposition of any of the dwelling units on the property for 10 years from the date of first occupancy of one of the dwelling units pursuant to section 2(2.1) of the Homeowner Protection Act Regulation; or
- provide BCH Compliance Department evidence that the New Homes no longer meet the definition of a “new home” as defined under the Act.
RAI and Koch were ordered to comply with Compliance Order 23-0002 by March 17, 2023.