Enforcement Action: Compliance OrderIssue Date: October 2, 2015
Daniel David Warchol (“D.D Warchol”), contrary to section 20(1)(a) of the Homeowner Protection Act (the “Act”) and section 4.1(2)(e) of the Homeowner Protection Act Regulation (the “Regulations”), regarding a new home in Vernon, BC (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, failed to maintain a registered interest in the land on which the New Home was built for at least one year from the date of first occupancy, and David Wayne Warchol (“D.W Warchol”), contrary to sections 14(1) and 22(1) of the Act, engaged in, arranged for, and managed all or substantially all of the construction of the New Home without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On August 29, 2013, the HPO Registrar cancelled the OBA for the New Home. On October 2, 2015, the HPO issued Compliance Order 15-0030 to D.D Warchol and D.W Warchol (together, “Warchols”) directing that the Warchols:
- immediately apply for and become an HPO LRB pursuant to section 14(1) of the Act; and
- register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act.
The Warchols were directed to comply with Compliance Order 15-0030 by November 6, 2015.