Enforcement Action: Compliance OrderIssue Date: June 13, 2017
Triple E Holdings Ltd. (“TEHL”), Elizabeth June Eby (“Eby”), Kham Galen Shantz (“Shantz”), and Brian Jade Kiesman (“Kiesman”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), constructed, or caused to have constructed, a new home in Lakelse Lake, B.C. (the “New Home”), between the period of, or about, June 23, 2015, and June 13, 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 13, 2017, BCH issued Compliance Order 17-0017 to TEHL, Eby, Shantz, and Kiesman directing that TEHL, Eby, Shantz and Kiesman:
- become a 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 was built by a LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; or
- if Kiesman meets the eligibility requirements, Kiesman 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”); 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 and the property by TEHL, Eby, Shantz, Kiesman, 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.
TEHL, Eby, Shantz and Kiesman were directed to comply with Compliance Order 17-0017 by July 7, 2017.