Enforcement Action: Compliance OrderIssue Date: June 9, 2017
Peter Scott Kerford (“P. Kerford”) and Jane Kerford (“J. Kerford”) commenced or caused to have commenced construction on a new home in Naramata, BC (the “New Home”), on, or about, November 19, 2015. Although the New Home was registered for coverage by home warranty insurance provided by a warranty provider on November 12, 2016, as required by the Homeowner Protection Act (the “Act”) and the Homeowner Protection Act Regulation (the “Regulations”), the New Home was de-enrolled from home warranty insurance coverage by the home warranty insurer on September 6, 2016, contrary to section 22(1) of the Act. On June 9, 2017, BC Housing (“BCH”) issued Compliance Order 17-0015 to P. Kerford and J. Kerford (together, “the Kerfords”) directing that the Kerfords:
- immediately cease all construction activities on the New Home on the property (the “Property”);
- immediately either:
- become a 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 P. Kerford or J. Kerford meets the eligibility requirements, either of the Kerfords may apply for, and be issued, an Owner Builder Authorization for the New Home on the Property pursuant to section 20(1) of the Act and section 4.1(2) of the Regulations; 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 Property by the Kerfords, 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 Register under section 22(1.2) of the Act.
The Kerfords were directed to comply with Compliance Order 17-0015 by June 30, 2017.