Enforcement Action: Compliance OrderIssue Date: July 30, 2015
Gerhard Albert Allgaier (“Allgaier”) and Georgina Doreen Du Russel (“Du Russel”), 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 Smithers, B.C. (the “New Home”), between the period of, or about, September 17, 2009, and January 26, 2012, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On July 30, 2015, the HPO issued Compliance Order 15-0027 to Allgaier and Du Russel directing that Allgaier and Du Russel:
- apply for and become an HPO 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;
- provide the HPO with proof that the New Home was built by an HPO LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; or
c. provide the HPO evidence that the New Home is not a residential dwelling unit and does not meet the definition of a “new home” under the Act and the Homeowner Protection Act Regulation (the “Regulations”); and
- Until such time as the New Home is in compliance with the Act and Regulations, any offer to sell the New Home, or actual transfer of title of the Property by Allgaier and Du Russel, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Home has been granted by the HPO Registrar under section 22(1.2) of the Act.
Allgaier and Du Russel were directed to comply with Compliance Order 15-0027 by August 28, 2015.