Enforcement Action: Compliance OrderIssue Date: August 29, 2018
Charan Singh Hyare (“C. Hyare”), contrary to section 20(1)(a) of the Homeowner Protection Act (the “Act”) and section 4.1(2)(f) of the Homeowner Protection Act Regulation (the “Regulations”), regarding a new home in Vancouver, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, failed to engage in, arrange for or manage all or substantially all of the construction of the New Home. On April 9, 2018, BC Housing (“BCH”) cancelled the OBA that had been issued to C. Hyare for the New Home. On August 29, 2018, BCH issued Compliance Order 18-0068 to C. Hyare and Rashpaul Kaur Hyare (together, “the Hyares”) directing that the Hyares:
- Prior to offering the New Home for sale, or in the case of a Purchase and Sale Agreement already being in place, prior to selling the New Home and the property (the “Property”), the Hyares must:
- ensure the New Home is enrolled with a policy of home warranty insurance (“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 the Hyares to sell, or offer to sell, the New Home despite the requirements of section 22(1.1) of the Act; 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 Hyares, 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 Hyares were ordered to comply with Compliance Order 18-0068 by October 12, 2018. Complied.