Enforcement Action: Compliance OrderIssue Date: June 26, 2014
Randal Stobbe (“Stobbe”) constructed a new home in Langley, B.C. (the “New Home”), between the period of, or about, May 2009 and February 2012. Although Stobbe had been a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”), and obtained a commitment from an approved home warranty insurer on April 13, 2011, to provide home warranty insurance on the New Home as required by the Homeowner Protection Act (the “Act”) and the Homeowner Protection Act Regulation, the New Home was de-enrolled from home warranty insurance coverage by the home warranty insurer on August 27, 2013, contrary to section 22(1) of the Act, and Stobbe’s HPO licence was closed for failure to renew on September 3, 2013. On June 26, 2014, the HPO issued Compliance Order 14-0047 to Stobbe directing that Stobbe:
- Immediately, cease carrying on the business of a residential builder as defined in the Act. More specifically, cease engaging in, arranging for or managing the construction of any new home, including such activities as receiving a building permit(s) for new home construction, commencing construction of a new home, continuing construction of a new home, advertising as a residential builder, offering to sell or selling a new home, or contracting, or otherwise agreeing, to build a new home for an owner or developer; and
- Immediately become an HPO LRB pursuant to section 14 of the Act and register the New Home for coverage by home warranty insurance provided by a warranty provider and ensure that a policy of home warranty insurance is issued for the New Home pursuant to section 22(1) of the Act.
Stobbe was directed to comply with Compliance Order 14-0047 by August 1, 2014.