Enforcement Action: Compliance OrderIssue Date: July 3, 2015
Gordon Allan Clark (“G. Clark”), contrary to section 20(1) 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 Invermere, 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 December 11, 2014, the Homeowner Protection Office (“HPO”) suspended the OBA that had been issued to G. Clark for the New Home. On July 3, 2015, the HPO issued Compliance Order 15-0022 to G. Clark directing that G. Clark:
- 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;
- 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;
- provide the HPO with evidence that G. Clark has a registered interest in the land on which the New Home was built and confirm in writing to the HPO that G. Clark intends to comply with the requirements of the HPO OBA; or
- if Suzanne Marie Maynard (“S. Maynard”) meets the eligibility requirements, S. Maynard 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.
G. Clark was ordered to comply with Compliance Order 15-0022 by July 24, 2015.