A Legacy of Designs Ltd. (“ALODL”) and Bradley Wayne Dziedzic (“Dziedzic”), constructed a new home in Coldstream, BC (the “New Home”), between November 22, 2016, and September 20, 2017. Although ALODL has been a BC Housing (“BCH”) Licensed Residential Builder (24715) since March 20, 2003, and obtained a commitment from an approved home warranty insurer on November 22, 2016, to provide home warranty insurance (“HWI”) on the New Home as required by the Homeowner Protection Act (the “Act”) and the Homeowner Protection Act Regulation, the New Home was de-enrolled from HWI coverage by the home warranty insurer on September 20, 2017, contrary to section 22(1) of the Act. On December 11, 2017, BCH issued Compliance Order 17-0045 to ALODL and Dziedzic directing that ALODL and Dziedzic:
- immediately cease all construction activities on the New Home; and
- immediately either:
- register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act; or
- provide BCH Compliance Department with proof that the New Home is currently enrolled in a policy of HWI pursuant to section 22 of the Act.
ALODL and Dziedzic were ordered to comply with Compliance Order 17-0045 by December 29, 2017.