Enforcement Action: Compliance OrderIssue Date: October 6, 2017
0981478 B.C. Ltd. (“0981478”) and Mark Chandler (“Chandler”) constructed a 92-unit multi-unit building in Langley, B.C. (collectively, the “New Homes”), during the period of, or about, May 26, 2015, and October 2, 2017. Although 0981478 was approved as BC Housing (“BCH”) Licensed Residential Builder (“LRB”) 40189 on May 14, 2015, and obtained a commitment from an approved home warranty insurer on May 12, 2016, to provide home warranty insurance (“HWI”) on each of the New Homes, as required by the Homeowner Protection Act (the “Act”) and the Homeowner Protection Act Regulation, LRB 40189 expired on May 31, 2017, and the New Homes were de-enrolled from HWI coverage by the home warranty insurer on October 2, 2017. On October 6, 2017, BCH issued Amended Compliance Order 17-0033-1, amending Compliance Order CO 17-0033 that was issued to 0981478 and Chandler on September 19, 2017, directing that 0981478 and Chandler:
- Immediately cease the offering for sale, marketing, completion of any Purchase and Sale Agreement that may already be in place, or already is in place, and/ or actual sale (through transfer of title) of any of the New Homes;
- Register the New Homes for coverage by HWI provided by a warranty provider; and
- Prior to renewing any marketing efforts and/or offering any of the New Homes for sale, or in the case of a Purchase and Sale Agreement already being in place for any of the New Homes, prior to transferring the title of any of the New Homes, 0981478 and Chandler must ensure that each of the New Homes is covered by a policy of HWI pursuant to section 22(a) of the Act.
0981478 and Chandler were directed to comply with Amended Compliance Order 17-0033-1 by November 03, 2017.