Enforcement Action: Amended Compliance OrderIssue Date: October 21, 2020
Carol Ann Zigler (“Zigler”), 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 Cluculz Lake, BC (the “New Home”), between the period of, or about, January 18, 2018, and October 7, 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 October 7, 2019, Zigler was issued Compliance Order 19-0017 (“CO”). On October 21, 2020, BCH issued Amended Compliance Order 19-0017-1 to Zigler modifying the orders contained in the CO, and directing that Zigler:
- ensure all construction activities immediately cease on the New Home; and
- immediately either:
- provide BCH Compliance Department proof that the New Home is being built by a BCH LRB and enrolled in a policy of HWI pursuant to section 22(1) of the Act;
- 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;
- if Zigler meets the eligibility requirements, Zigler 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 Homeowner Protection Act Regulation; or
- provide BCH Compliance Department evidence that the New Home no longer meets the definition of a ‘new home’ as defined under the Act, or that the New Home is a manufactured home certified under CSA Standard CAN/CSA-A277 or CSA-Z240.
Zigler was directed to comply with Amended Compliance Order 19-0017-1 by December 18, 2020.