Brian Mathew Elson (“B. Elson”) and Louise Elson (“L. Elson”) (together ,“the Elsons”), 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 or near Chase, B.C. (the “New Home”), between the period of, or about, August 27, 2010, the date the Elsons became registered owners of the Property, and September 22, 2015, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On December 1, 2015, the HPO issued Compliance Order 15-0035 to the Elsons directing that the Elsons:
- immediately:
- apply for and become an HPO LRB pursuant to section 14(1) of the Act and register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act;
- provide the HPO with proof that the New Home is being built by an HPO LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; or
- apply f 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”); 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 the Elsons, 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 HPO Registrar under section 22(1.2) of the Act.
The Elsons were directed to comply with Compliance Order 15-0035 by January 8, 2016.