Enforcement Action: Compliance OrderIssue Date: May 13, 2020
Carla Judith Meckling (“Meckling”) and Christina Mary Tew (“Tew”), 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 Silverton, BC (the “New Home”), during the period of, or about, August 15, 2017, and July 25, 2019, 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 May 13, 2020, BCH issued Compliance Order 20-0013 to Meckling and Tew directing that Meckling and Tew:
- Ensure all construction activities cease on the New Home until such time as the New Home is in compliance with the Act and the Homeowner Protection Act Regulation (the “Regulation”); and
- immediately either:
- 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;
- if Meckling or Tew meets the eligibility requirements, either Meckling or Tew 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 Regulation; or
- provide BCH with evidence that the New Home is no longer a residential dwelling unit and no longer meets the definition of a ‘new home’ under the Act and Regulation.
Meckling and Tew were ordered to comply with Compliance Order 20-0013 by July 10, 2020. Complied.