Enforcement Action: Compliance OrderIssue Date: February 10, 2015
David Anthony Sims Quinn (“Quinn”) and Kelly Jean Colleen Comishin(“Comishin”), contrary to sections 20.1(1)(b) and 21(2)(a) of the Homeowner Protection Act (the “Act”), regarding a new home in Ta Ta Creek, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, sold the New Home within the 12-month period after the New Home was built, and failed to provide the purchasers of the New Home with a disclosure notice, in a form satisfactory to the Homeowner Protection Office (“HPO”) Registrar, stating among other facts, whether or not the New Home was covered by home warranty insurance. On April 4, 2014, the HPO Registrar cancelled the OBA for the New Home. On February 10, 2015, the HPO issued Compliance Order 15-0009 to Quinn and Comishin directing that Quinn and Comishin immediately:
- apply for and become an HPO Licensed Residential Builder 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.
Quinn and Comishin were directed to comply with Compliance Order 15-0009 by March 27, 2015.