Sharlene Gail Raffard (“S. Raffard”), contrary to section 20.1(1)(b) of the Homeowner Protection Act (the “Act”), regarding a new home in West Vancouver, BC (the “New Home”), for which an Owner Builder Authorization ( “OBA”) had been issued, offered for sale the New Home without having occupied the New Home for the 12 month period after the New Home was built. On May 29, 2014, the Homeowner Protection Office (“HPO”) issued Compliance Order 14-0041 to S. Raffard directing that S. Raffard:
- Immediately cease the offering for sale, marketing, completion of any Purchase/Sale Agreement that may be in place, or already is in place, and/ or actual sale of the New Home;
- Provide the HPO evidence of the sale offering cancellation for the New Home, or in the case of a Purchase and Sale Agreement for the Property already being in place, proof that the Purchase and Sale Agreement will not become a legally binding contract until such time as the Act and the Homeowner Protection Act Regulation (the “Regulations”) are complied with, including compliance with this Compliance Order; and
a. 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;
b. provide the HPO with proof that the New Home is enrolled in a policy of home warranty insurance pursuant to section 22(1) of the Act; or
c. fulfil the requirements of the OBA which was issued for the New Home on November 21, 2011, pursuant to section 20(1) of the Act and section 4.1(2) of the Regulations.
S. Raffard was directed to comply with Compliance Order 14-0041 by June 5, 2014.