Enforcement Action: Compliance OrderIssue Date: April 10, 2012
Hartley Jones (“H. Jones”), built a new home in Anmore, B.C. (the “New Home”) for which an Owner Builder Authorization (the “OBA”) had been issued, and, contrary to subsection 20.1(1)(b) of the Homeowner Protection Act (the “ Act”) , H. Jones, Anmore Woods Ltd (“AWL”), Robert K. Smurthwaite (“R. Smurthwaite”) and Darren R. Smurthwaite (“D. Smurthwaite”), on or before September 29, 2010, sold the New Home while the New Home was being built. On November 30, 2011, the Homeowner Protection Office ("HPO") Registrar suspended the OBA and notified H. Jones of the suspension by a letter of the same date (the “Owner Builder Suspension Letter”) requiring H. Jones become an HPO LRB and enrol the New Home in a policy of home warranty insurance, have his father (John Jones) qualify, apply and be approved for an OBA, or provide the HPO with evidence that H. Jones has transferred a portion of the interest of the New Home into his own name and confirm in writing to the HPO that H. Jones intends to comply with the requirements of the OBA. On April 10, 2012, the HPO issued Compliance Order 12-0022 to H. Jones, AWL, R. Smurthwaite and D. Smurthwaite directing that they comply with the Owner Builder Suspension Letter. H. Jones, AWL, R. Smurthwaite and D. Smurthwaite were ordered to comply with Compliance Order 12-0022 by May 18, 2012. Complied.