Enforcement Action: Compliance OrderIssue Date: June 16, 2017
Eduard Hocha (“E. Hocha”) and Nadja Hocha (“N. Hocha”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced or caused to have commenced construction on a new home in Kitwanga, B.C. (the “New Home”), between the period of, or about, February 16, 2016, and June 16, 2017, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On June 16, 2017, BCH issued Compliance Order 17-0013 to E. Hocha and N. Hocha (together, “the Hochas”) and directing that the Hochas:
- immediately cease all construction activities on the New Home;
- apply for and become a BCH 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;
- provide BCH Compliance Department with proof that the New Home is enrolled in a policy of home warranty insurance pursuant to section 22(1) of the Act;
- if the Hochas meet the eligibility requirements, either E. Hocha or N. Hocha may apply for, and be issued, an Owner Builder Authorization for the New Home 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 with 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 Regulations, any offer to sell the New Home, or actual transfer of title of the New Home by the Hochas, 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.
The Hochas were directed to comply with Compliance Order 17-0013 by July 21, 2017.