Enforcement Action: Compliance OrderIssue Date: September 6, 2016
Beach Grove Properties Ltd. (“BGPL”) and Davied Broderick (“Broderick”), contrary to sections 22(1) and 22(1.1) of the Homeowner Protection Act (the “Act”), commenced or caused to have commenced construction on 10 new homes in Tappen, BC (the ‘New Homes”), sometime prior to September 22, 2015, and offered for sale the New Homes while the New Homes were being constructed, without each of the New Homes being registered for coverage by home warranty insurance provided by a warranty provider. On September 6, 2016, the Homeowner Protection Office (“HPO”) issued Compliance Order 16-0024 to BGPL and Broderick directing that BGPL and Broderick:
- immediately cease all construction activities and sale marketing efforts on the New Homes;
- provide the HPO evidence of the sale offering cancellation, and cease all further marketing efforts and construction activities on the New Homes; and
- immediately enrol each of the New Homes in home warranty insurance pursuant to section 22(1) of the Act; or arrange for a restrictive covenant to be registered on the title to the property restricting the sale or other disposition of any of the New Homes for 10 years from the date of first occupancy of a dwelling unit in the New Homes pursuant to section 2(2) of the Homeowner Protection Act Regulation.
BGPL and Broderick were directed to comply with Compliance Order 16-0024 by October 7, 2016.