Enforcement Action: Compliance OrderIssue Date: August 16, 2012
Jeet Singh Bhatti (“J.S. Bhatti”) and Jaswinder Kaur Bhatti (“J.K. Bhatti”) (together, the “Bhattis”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built, or caused to have built, a new home in Nanaimo, B.C. (the “New Home”), during the period of, or about, 2005 and 2006, 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 August 16, 2012, Compliance Order 12-0027 was issued by the HPO to the Bhattis directing that the Bhattis do one of the following:
- become an HPO LRB pursuant to section 14 of the Act and obtain home warranty insurance for the New Home pursuant to section 22 of the Act;
- provide proof that the New Home is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act;
- provide proof that they did not engage in, arrange for, or manage all or substantially all, of the construction of the New Home; 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 Homeowner Protection Act Regulation, and fulfil the requirements of being an owner builder.
The Bhattis were directed to comply with Compliance Order 12-0027 by September 28, 2012.