Enforcement Action: Compliance OrderIssue Date: February 3, 2015
Pender Harbour Developments Ltd. (“PHDL”) and Ronald George Badley (“Badley”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built 4 new homes in a mixed-use multi-unit building in Madeira, BC (collectively, the “New Homes”), between the period of, or about, December 13, 2013, and May 25, 2017, 2015, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without any of the New Homes being registered for coverage by home warranty insurance provided by a warranty provider. On February 3, 2015, PHDL and Badley were issued Compliance Order 15-0008 (“CO”). PHDL and Badley were directed to comply with the CO by March 13, 2015. On May 25, 2017, BCH issued Amended Compliance Order 15-0008-1 to PHDL and Badley extending the date for complying with the CO to June 16, 2017, modifying the orders contained in the CO, and directing that PHDL and Badley:
- apply for and become a LRB pursuant to section 14(1) of the and register the New Homes for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act;
- provide BCH with proof that each of the New Homes was built by a LRB and each is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; or
- ensure that all the New Homes on the property (the “Property”) are owned under a single legal title, and immediately arrange for a restrictive covenant to be registered on the title to the Property restricting the sale or other disposition of any dwelling unit on the Property for 10 years from the date of first occupancy of one of the dwelling unit pursuant to section 2(2) of the Homeowner Protection Act Regulation.
PHDL and Badley were directed to comply with Amended Compliance Order 15-0008-1 by June 16, 2017.