Enforcement Action: Compliance OrderIssue Date: July 20, 2017
Ryan Ward (“R. Ward”), contrary to section 20(1) 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 Victoria, B.C. (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. On March 9, 2017, BC Housing (“BCH”) suspended the OBA that had been issued to R. Ward for the New Home. On July 20, 2017, BCH issued Amended Compliance Order 17-0025-1 to R. Ward directing that R. Ward:
- immediately cease all construction activities on the New Home until such time as the New Home is in compliance with the Act and the Regulations; and
- immediately either:
- provide BCH Compliance Department with proof that the OBA issued to R. Ward for the New Home is in good standing;
- become a BCH Licensed Residential Builder (“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 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; or
- if Erik Ward (“E. Ward”) meets the eligibility requirements, E. Ward may apply for, and be issued an OBA for the New Home pursuant to section 20(1) of the Act and section 4.1(2) of the Regulations.
R. Ward was ordered to comply with Amended Compliance Order 17-0025-1 by August 4, 2017.