Amanpreet Singh Kandola (“A. Kandola”), Surinder Kaur Kandola (“S. Kandola”), Gurpreet Singh Kandola (“G. Kandola”), and Arvinder Kaur Kandola (“A.K. Kandola”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced construction on 2 new homes in Surrey, BC (collectively, the “New Homes”), sometime in, or around, 2019 without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without each of the New Homes being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On October 19, 2022, BCH issued Compliance Order 22-0016 to A. Kandola, S. Kandola, G. Kandola and A.K. Kandola (together, “the Kandolas”) directing that the Kandolas:
- Immediately decommission all cooking facilities contained in the New Homes for the purpose of rendering the New Homes inhabitable for residential occupancy; or
- Provided the New Homes obtain a building permit and occupancy approval by the City of Surrey (“COS”), immediately:
- become a LRB pursuant to section 14(1) of the Act, and register each of the New Homes for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
- provide BCH Compliance Department with proof that each of the New Homes is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- provided the property on which the New Homes are located meets the acceptance criteria for a rental exemption, arrange for a restrictive covenant to be registered on the property’s title restricting the sale or other disposition of any dwelling units on the property for 10 years from the date of first occupancy of one of the dwelling units pursuant to section 2(2.1) of the Homeowner Protection Act Regulation.
The Kandolas were ordered to comply with Compliance Order 22-0016 by December 2, 2022.