Shawn Hull (“Hull”), contrary to section 20(1)(a) of the Homeowner Protection Act (the “Act”) and section 4.1(2)(e) of the Homeowner Protection Act Regulation (the “Regulations”), regarding a new home in Vancouver, 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 May 14, 2013, the Homeowner Protection Office (“HPO”) suspended the OBA that had been issued to Hull. On November 26, 2013, Compliance Order 13-0043 was issued by the HPO to Hull directing that Hull:
- 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;
- Immediately, arrange for a LRB to enrol the New Home in a policy of home warranty insurance pursuant to section 22 of the Act;
- Provide the HPO with evidence that Hull has a registered interest in the land on which the New Home was built and confirm in writing to the HPO that Hull intends to comply with the requirements of the HPO OBA; or
- If Rosemary Wray (“Wray”) meets the eligibility requirements, Wray may apply for, and be issued, an HPO OBA for the New Home pursuant to section 20(1) of the Act and section 4.1(2) of the Regulations, and fulfil the requirements of being an owner builder.
Hull was directed to comply with Compliance Order 13-0043 by December 27, 2013.