Enforcement Action: Compliance OrderIssue Date: February 15, 2017
Breeze Properties Ltd.(“BPL”), James Stephen Brown (“Brown”), John Weldon Lane (“Lane”), and S. Douglas Mazurek (“Mazurek”), contrary to section 14(1) of the Homeowner Protection Act (the “Act”), conducted the business of a residential builder without a valid Residential Builder Licence between the dates of, or about, October 29, 2012, and December 15, 2016, regarding a 30-unit residential development in Penticton, B.C. (the “Residential Development”), and sold 13 new and never occupied homes within the Residential Development. On February 15, 2017, BC Housing (“BCH”) issued Compliance Order 17-0004 to BPL, Brown, Lane, and Mazurek, directing that BPL, Brown, Lane, and Mazurek:
- immediately cease the offering for sale, marketing, completion of any Purchase/Sale Agreement that may already be in place, or may come into place, and/ or actual sale on 3 new and never occupied homes in the Residential Development (collectively, the “New Homes”);
- provide BCH Compliance Department evidence of the sale offering cancellation for the New Homes, or in the case of a Purchase and Sale Agreement for any of the New Homes already being in place, proof that the Purchase and Sale Agreement will not become a legally binding contract until such time as the Act and the Homeowner Protection Act Regulations are complied with, including compliance with this Compliance Order; and
- prior to renewing any marketing efforts and/or offering any of the New Homes for sale, or in the case of a Purchase and Sale Agreement already being in place for any of the new homes in the Residential Development, prior to selling any of the New Homes as a new and never occupied home, BPL, Brown, Lane, and Mazurek must ensure that BPL is approved as a Licensed Residential Builder pursuant to section 14(1) of the Act.
BPL, Brown, Lane, and Mazurek were directed to comply with Compliance Order 17-0004 by March 24, 2017. Complied.