Enforcement Action: Compliance OrderIssue Date: April 14, 2014
Doreen Heather Menu (“D. Menu”), contrary to section 22(1.1) of the Homeowner Protection Act (the “Act”), offered for sale a new home near Vanderhoof, B.C. (the “New Home”), between March 4, 2014, and April 14, 2014, without the New Home being covered with a policy of home warranty insurance pursuant to section 22(1) of the Act. On April 14, 2014, the Homeowner Protection Office (“HPO”) issued Compliance Order 14-0029 (the “CO”) to D. Menu directing that D. Menu:
- immediately cease the offering for sale, marketing, completion of any Purchase/Sale Agreement that may be in place, or already is in place, and/ or actual sale of the New Home;
- provide the HPO with evidence of the sale cancellation for the New Home, or in the case of a Purchase/Sale Agreement for the New Home already being in place, proof that the Purchase/Sale Agreement will not become a legally binding contract until such time as the Act and the Homeowner Protection Act Regulation (the “Regulations”) are complied with, including compliance with the CO; and
- 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; or
- 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
- apply for, and be issued, an Owner Builder Authorization for the New Home pursuant to section 20(1) of the Act and section 4.1(2) of the Regulations, and fulfil the requirements of being an owner builder; or
- provide the HPO with evidence that the New Home is no longer a residential dwelling unit and no longer meets the definition of a “new home” under the Act and Regulations.
D. Menu was directed to comply with Compliance Order 14-0029 by May 16, 2014. Complied.