Enforcement Action: Compliance OrderIssue Date: November 6, 2017
Ken Babakaiff (“K. Babakaiff”), David Kenneth Babakaiff (“D. Babakaiff”), and Amy Anna-Maria Windson (“A. Windson”), 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 Krestova, BC (the “New Home”), sometime in 2017 without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On November 06, 2017, BCH issued Compliance Order 17-0036 to K. Babakaiff, D. Babakaiff, and A. Windson directing that K. Babakaiff, D. Babakaiff, and A. Windson:
- immediately cease all construction activities on the New Home at the property (the “Property”);
- immediately either:
- apply for and become a BCH LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
- provide BCH Compliance Department with proof that the New Home is being built by a LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- if K. Babakaiff, D. Babakaiff, or A. Windson meets the eligibility requirements, either K. Babakaiff, D. Babakaiff, or A. Windson 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 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 transfer of title of the Property by K. Babakaiff, D. Babakaiff and A. Windson, 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.
K. Babakaiff, D. Babakaiff, and A. Windson were ordered to comply with Compliance Order 17-0036 by December 1, 2017.