Enforcement Action: Compliance OrderIssue Date: June 16, 2015
Michael Nathan West (“M. West”) and Judy Elizabeth West (“J. West”) (together “the Wests”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), constructed a new home in Lac La Hache, B.C. (the “New Home”), between the period of, or about, July 21, 2010, and June 16, 2015, 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 June 16, 2015, the HPO issued Compliance Order 15-0020 to the Wests directing that the Wests:
- 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;
- if eligible, apply for, and be issued, an Owner Builder Authorization (“OBA”) for the New Home on the property (the “Property”) pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation (the “Regulations”); or
- 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 Regulations;
- 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 the Wests, 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.
The Wests were directed to comply with Compliance Order 15-0020 by July 24, 2015. Complied.