Travis Cody Kerluck (“T. Kerluck”) and Benjamin David Lloyd Kerluck (“B. Kerluck”)(together, “the Kerlucks”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built a new home in Campbell River, BC (the “New Home”), sometime between the period of, or about, June 25, 2020, and June 2, 2022, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. The Kerlucks also sold the New Home on, or about, December 12, 2022, without the New Home being covered by HWI, contrary to section 22(1.1)(b) of the Act. On February 13, 2023, BCH issued Compliance Order 23-0006 to the Kerlucks directing that the Kerlucks immediately:
- become a BCH LRB pursuant to section 14(1) of the Act, and register the New Home 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 Home is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- If T. Kerluck or B. Kerluck meets the eligibility requirements, either T. Kerluck or B. Kerluck may apply for, and be issued, an Owner Builder Authorization for the New Home on the property pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation.
The Kerlucks were ordered to comply with Compliance Order 23-0006 by March 31, 2023.