Enforcement Action: Compliance OrderIssue Date: October 5, 2018
Robert Brandstetter (“R. Brandstetter”) and Amy Schmid-Brandstetter (“A. Schmid-Brandstetter”), 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 Moricetown, BC (the “New Home”), on, or sometime prior to, December 22, 2015, 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 August 22, 2018, BCH issued Compliance Order 18-0056 to R. Brandstetter and A. Schmid-Brandstetter directing that R. Brandstetter and A. Schmid-Brandstetter:
- 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 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 home warranty insurance pursuant to section 22 of the Act;
- if R. Brandstetter or A. Schmid-Brandstetter meets the eligibility requirements, R. Brandstetter or A. Schmid-Brandstetter may apply for, and be issued, an Owner Builder Authorization for the New Home on the property (the “Property”) pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation (the “Regulations”); or
- provide BCH Compliance Department with evidence that the New Home is not a residential dwelling and does not meet the definition of a ‘new home’ as defined under 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 actual transfer of title of the Property by R. Brandstetter, A. Schmid-Brandstetter, 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.
R. Brandstetter and A. Schmid-Brandstetter were directed to comply with Compliance Order 18-0056 by October 5, 2018.