Enforcement Action: Compliance OrderIssue Date: March 10, 2014
Pauline McDonald (“P. McDonald”)and Sharon Angela McDonald (“S. McDonald”) (together, the “McDonalds”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built a new home on Salt Spring Island, B.C. (the “New Home”), between the period of, or about, 2008 and September 5, 2013, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by a policy of home warranty insurance. On March 10, 2014, Compliance Order 14-0006 was issued by the HPO to the McDonalds directing that the McDonalds:
- 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 is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act;
- 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 Homeowner Protection Act Regulation, and fulfil the requirements of being an owner builder; or
- provide the HPO 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.
P. McDonald and S. McDonald were directed to comply with Compliance Order 14-0006 by April 25, 2014. Complied.