Enforcement Action: Compliance OrderIssue Date: February 21, 2018
Alan Darcy Schaeffer (“A. Schaeffer”) and Katerina Schaeffer (“K. Schaeffer”) (together, “the Schaeffers”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built a new home in Cranbrook, B.C. (the “New Home”), during the period of, or about, June 16, 2015, and February 21, 2018, 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 February 21, 2018, BCH issued Compliance Order 18-0009 to the Schaeffers directing that the Schaeffers:
- 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 was built by a LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- if A. Schaeffer or K. Schaeffer meets the eligibility requirements, either A. Schaeffer or K. Schaeffer 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 the Schaeffers, 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.
The Schaeffers were ordered to comply with Compliance Order 18-0009 by March 16, 2018.