Enforcement Action: Amended Compliance OrderIssue Date: May 30, 2018
Kelly Lynne Cooper (“K. Cooper”) became the sole registered owner of a new coach home that was built in North Vancouver, B.C. (the “New Coach Home”), between the period of, or about, January 18, 2016, and October 27, 2017, without the New Coach Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider, contrary to section 22(1) of the Homeowner Protection Act (the “Act”). On May 4, 2018, BC Housing (“BCH”) issued Compliance Order 18-0035 (“CO”) to K. Cooper. On May 30, 2018, BCH issued Amended Compliance Order 18-0035-1 to K. Cooper modifying the orders contained in the CO, and directing that K. Cooper:
- prior to offering the New Coach Home for sale, or in the case of a Purchase and Sale Agreement already being in place for the New Coach Home, prior to selling the New Coach Home and the property (the “Property”), K. Cooper must:
- ensure the New Coach Home is enrolled with a policy of HWI pursuant to section 22(1) of the Act; or
- be granted a permission by the Registrar, pursuant to section 22(1.2) of the Act, authorizing K. Cooper to sell, or offer to sell, the New Coach Home despite the requirements of section 22 (1.1) of the Act; and
- until such time as the New Coach Home is in compliance with the Act and the Homeowner Protection Act Regulation (the “Regulations”), any offer to sell the New Coach Home, or transfer of title of the Property by K. Cooper, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Coach Home has been granted by the Registrar under section 22(1.2) of the Act.
K. Cooper was ordered to comply with Amended Compliance Order 18-0035-1 by June 22, 2018. Complied.