Enforcement Action: Compliance OrderIssue Date: April 16, 2018
Marc Duane Schouten (“M. Schouten”) and Jody Michelle Schouten (“J. Schouten”), 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 Smithers, B.C. (the “New Home”), on, or about, August 22, 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 April 16, 2018, BCH issued Compliance Order 18-0023 to M. Schouten and J. Schouten directing that M. Schouten and J. Schouten:
- immediately cease all construction activities on the New Home;
- 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 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 is being built by a LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; or
- if M. Schouten or J. Schouten meets the eligibility requirements, M. Schouten or J. Schouten 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 by M. Schouten or J. Schouten, 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.
M. Schouten and J. Schouten were directed to comply with Compliance Order 18-0023 by May 25, 2018. Complied.