O.U.R. Ecovillage Cooperative (“OEC”), and Trent Berg, Brandy Gallagher, Jeffery J. Leinaweaver, Charles Middleton, and Yuri Murakami (together, “the OEC Principals”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced or caused to have commenced construction on two new homes in Shawnigan Lake, BC (collectively, the “New Homes”), sometime prior to July 27, 2017, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Homes being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On July 27, 2017, BCH issued Compliance Order 17-0018 to OEC and the OEC Principals directing that OEC and the OEC Principals:
- Immediately:
- become a LRB pursuant to section 14(1) of the Act, and register 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 was built by a LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act or that each of the New Homes is exempt by the Homeowner Protection Act Regulation (the “Regulations”) from the requirements of the Act; or
- ensure that all the dwelling units on the New Homes property (the “Property”) are owned under a single legal title, and immediately arrange for a restrictive covenant to be registered on the title to the Property restricting the sale or other disposition of any dwelling unit 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 Regulations; and
- Until such time as each of the New Homes is in compliance with the Act and Regulations, any offer to sell any of the New Homes, or actual transfer of title of the Property by OEC, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Homes has been granted by the Registrar under section 22(1.2) of the Act.
OEC and the OEC Principals were ordered to comply with Compliance Order 17-0018 by September 1, 2017.