Enforcement Action: Compliance OrderIssue Date: February 15, 2017
Barbara May Harris (“Harris”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), constructed or caused to have constructed a new home on Denman Island, B.C. (the “New Home”), between the period of, or about, July 14, 2014, and March 22, 2016, without being a Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On February 15, 2017, BC Housing (“BCH”) issued Compliance Order 17-0006 to Harris directing that the Harris:
- apply for and become a LRB pursuant to section 14(1) of the and register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 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 home warranty insurance pursuant to section 22 of the Act;
- if Harris meets the eligibility requirements, Harris may apply for, and 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 Regulations (the “Regulations”); or
- provide the BCH Compliance Department evidence that the New Home is not a residential dwelling unit and does not meet the definition of a “new home” under the Act and Regulations, or that the New Home is a manufacture home certified under CSA standard CAN/CSA-A277 or CSA- Z240; 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 Harris, 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.
Harris was directed to comply with Compliance Order 17-0006 by March 10, 2017.