Enforcement Action: Compliance OrderIssue Date: April 21, 2017
Paul Geoffrey Corbett (“Corbett) and Christine Marie Ballman (“Ballman), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built a new home in Port McNeill, B.C. (the “New Home”), during the period of, or about, October 7, 2015, and April 21, 2017, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On April 21, 2017, BCH issued Compliance Order 17-0009 to Corbett and Ballman directing that Corbett and Ballman:
- become a LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by HWI provided by a warranty provider pursuant to 22(1) of the Act;
- provide BCH Compliance Department with proof that the New Home was built by a LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act;
- if Corbett or Ballman meet the eligibility requirements, either Corbett or Ballman may apply for, or be issued, an Owner Builder Authorization for the New Home on the property (the “Property”) pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation (the “Regulations”); or
- provide BCH Compliance Department evidence that the New Home is not a residential dwelling and does not meet the definition of a “new home” as defined under the Act; and
- Until such time as the New Home is in compliance with the Act and the Regulations, any offer to sell the New Home, or actual transfer of title of the Property by Corbett, Ballman, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Home has been granted by the Registrar under section 22(1.2) of the Act.
Corbett and Ballman were directed to comply with Compliance Order 17-0009 by May 12, 2017.