2010
13938 Holdings Corporation (“13938 Corp”) and Eddie Chiu (“Chiu”), contrary to section 22 of the Homeowner Protection Act (the “Act”), offered for sale and sold 10 residential units in 2 multi-unit buildings in Surrey, B.C. (the “New Homes”), between the dates of November 30, 2010, and December 6, 2010, without the New Homes being covered by home warranty insurance. On December 23, 2010, the Homeowner Protection Office (“HPO”) issued Compliance Order 10-0043 to 13938 Corp and Chiu directing that the offering for sale, marketing, completion of any Purchase/Sale Agreements that may be in place, and/or actual sale of the 1 remaining unit in the New Homes and the 16 units located in 2 additional multi-unit buildings in Surrey, B.C. (the “Remaining New Homes”) ceases immediately and that 13938 Corp and Chiu immediately arrange for home warranty insurance on the New Homes and the Remaining New Homes pursuant to section 22(1) of the Act or ensure that a restrictive covenant is registered on the title of the property on which the New Homes and Remaining New Homes are situated (the “Property”), pursuant to section 2(2) of the Homeowner Protection Act Regulation (the “Regulations”) restricting the sale or other disposition of any dwelling unit within each of the 4 multi-unit buildings on the Property for 10 years from the date of first occupancy of one of the dwelling units in each of the respective buildings. 13938 Corp and Chiu were directed to comply with Compliance Order 10-0043 by January 21, 2011.
2008 Enterprises Ltd. ("2008 Ltd."), Yong Min Ping ("Ping") and John Hwak Chew Woo ("Woo"), contrary to section 14(1) of the Homeowner Protection Act (the "Act"), conducted the business of a residential builder without a valid Homeowner Protection Office ("HPO") Residential Builder Licence between the dates September 30, 2009, and November 27, 2009, regarding a multi-unit building in Vancouver, B.C., (the "Property"). Ping and Woo, contrary to section 22 of the Act, built and offered for sale the four new residential units contained within the multi-unit building on the Property (the "New Homes"), between the dates of June 24, 2009, and November 27, 2009, without the New Homes being covering by home warranty insurance. On December 3, 2009, the HPO issued Compliance Order 09-0027 to 2008 Ltd., Ping and Woo, directing that they cease carrying on the business of a residential builder as defined in the Act, that they become a HPO Licensed Residential Builder and obtain home warranty insurance for each of the New Homes located on the Property or register a restrictive covenant on the title to the Property ensuring that the each of the New Homes may only be used for rental purposes and restricting the sale, or other disposition of any dwelling unit within the Property for 10 years from the date of first occupancy of a dwelling unit in the building. Complied.
Baljit Singh ("B. Singh") and Daljit Singh ("D. Singh") (together "the Singhs"), contrary to subsections 20.1(1)(a) and 20.1(1)(b) of the Homeowner Protection Act (the "Act"), built a new home in Surrey, B.C., (the "New Home") for which an Owner Builder Authorization ("OBA") had been issued and offered the New Home for sale between July 26, 2009, and December 14, 2009, while the New Home was being built and sold the New Home on, or around, December 14, 2009, before having occupied the New Home for the 12-month period after the New Home was built. The Homeowner Protection Office ("HPO") Registrar cancelled the OBA for the New Home on January 5, 2010. On July 12, 2010, the HPO issued Compliance Order 10-0016 to the Singhs, directing that the Singhs become an HPO Licensed Residential Builder and obtain home warranty insurance for the New Home by August 13, 2010. Complied.
Benjamin Legg (“Legg”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built a new home near Winlaw, B.C., (the “New Home”) without either being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and having the New Home covered by home warranty insurance or having applied for and obtaining an HPO Owner Builder Authorization (“OBA”). On November 24, 2010, Compliance Order 10-0035 was issued by the HPO to Legg directing that Legg either become an HPO LRB pursuant to section 14 of the Act and enroll the New Home with home warranty insurance pursuant to section 22 of the Act, or that Legg apply for, and be issued, an HPO OBA for the New Home. Legg was directed to comply with Compliance Order 10-0035 by December 24, 2010.
Bradley Jones ("Jones"), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the "Act"), built a new home near Tofino, B.C. (the "New Home"), during the period of August 2006 and September 2007, without being a Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without the New Home being covered with home warranty insurance. On June 17, 2010, Compliance Order 10-0014 was issued by the HPO to Jones directing that Jones cease carrying on the business of a residential builder as defined in the Act, that Jones become an HPO LRB pursuant to section 14 of the Act and obtain home warranty insurance for the New Home pursuant to section 22 of the Act. Jones was also directed to comply with Compliance Order 10-0014 by July 5, 2010. Complied.
Cadmar Construction Ltd. ("CCL") and
Sean Snowdon ("S. Snowdon"), contrary to section 14(1) of the
Homeowner Protection Act (the "
Act"), built and offered a new home for sale in Courtenay, B.C., (the "New Home") after his Homeowner Protection Office "HPO" Residential Builder Licence ("RBL") had expired. On February 1, 2010, the HPO issued Compliance Order 10-0001 to CCL and S. Snowdon directing that they cease carrying on the business of a residential builder as defined in the
Act, and be issued an HPO RBL by March 5, 2010.
Daljit Rai (“Rai”), contrary to sections 20.1 and 22 of the Homeowner
Protection Act (the "
Act"), regarding a new home in Surrey, B.C., (the "New Home") for which Owner Builder Authorization (“OBA”) 71880 had been issued; i) offered for sale the New Home between September 17, 2009, and February 12, 2010 , without having occupied the New Home for the 12-month time period after the New Home was built; and ii) after receiving permission from the Registrar of the Homeowner Protection Office (“HPO”) to sell the New Home on the condition that Rai obtain home warranty insurance for the New Home prior to selling the New Home, sold the New Home without the New Home being covered with home warranty insurance. Rai was issued a Compliance Order (“CO”) on May 17, 2010, directing that Rai become an HPO Licensed Residential Builder (“LRB”) and enroll the New Home with a policy of home warranty insurance by June 11, 2010. On November 23, 2010, the HPO issued Amended Compliance Order 10-0033 to Rai providing December 17, 2010, as the new date by which compliance with the CO was directed to be achieved. All other directions contained in the CO remain unchanged.
Dalvinder Kaur Sidhu (“D. Sidhu”) and
Rajinder Singh Sidhu (“R. Sidhu”), contrary to section 20.1(1)(b) of the
Homeowner Protection Act (the “
Act”), regarding a new home in Burnaby, B.C. (the "New Home"), for which Owner Builder Authorization (“OBA”) 76815 had been issued, sold the New Home within the 12-month period after the New Home was built. On August 17, 2010, the Registrar of the Homeowner Protection Office (“HPO”) suspended OBA 76815 under section 20.2 of the
Act. On September 23, 2010, Compliance Order 10-0030 was issued to D. Sidhu and R. Sidhu directing that D. Sidhu and R. Sidhu do one of the following: become an HPO Licensed Residential Builder ("LRB") pursuant to section 14 of the
Act and obtain home warranty insurance for the New Home pursuant to section 22 of the
Act, arrange for a Licensed Residential Builder "LRB" to enroll the New Home in a policy of home warranty insurance pursuant to section 22 of the
Act, or immediately have a portion of the interest for the New Home transferred back to D. Sidhu to meet the requirements of OBA 76815 which was issued on October 23, 2009, and since suspended by the Registrar of the HPO. D. Sidhu and R. Sidhu were directed to comply with Compliance Order 10-0030 by November 5, 2010.
Dejana Milankov (“Milankov”), contrary to sections 14(1) and 22(1) of the
Homeowner Protection Act (the “
Act”), was building a new home near South Slocan, B.C., (the “New Home”) without either being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and having the New Home covered by home warranty insurance or having applied for and obtaining an HPO Owner Builder Authorization (“OBA”). On November 24, 2010, Compliance Order 10-0036 was issued by the HPO to Milankov directing that Milankov either become an HPO LRB pursuant to section 14 of the
Act and enroll the New Home with home warranty insurance pursuant to section 22 of the
Act, or that Milankov apply for, and be issued, an HPO OBA for the New Home. Milankov was directed to comply with Compliance Order 10-0036 by December 24, 2010.
Eastern Drive Summit Properties Inc. ("EDSP"),
Ali Mofidi ("Mofidi"),
Saeid Mousavi Fard ("Mousavi Fard"),
Shahin Ansari Charsoughi ("Charsoughi") and
Mohammad Taghi Shalbaf ("Shalbaf") contrary to section 14(1) of the
Homeowner Protection Act (the "
Act"), conducted the business of a residential builder without a valid Homeowner Protection Office ("HPO") Residential Builder Licence between the dates October 31, 2004, and April 6, 2010, regarding two multi-unit buildings (the "New Homes") in Port Coquitlam, B.C. (the "Properties"). Contrary to section 22 of the
Act, EDSP offered for sale the New Homes without the New Homes currently being covered by home warranty insurance. On April 9, 2010, the HPO issued Compliance Order 10-0006 to Mofidi, Mousavi Fard, Charsoughi, Shalbaf and EDSP, directing that they cease carrying on the business of a residential builder as defined in the
Act, that the offering for sale of the New Homes cease immediately, and that they immediately become an HPO Licensed Residential Builder and obtain home warranty insurance for New Homes located on the Properties, or register a restrictive covenant on the title to the Properties ensuring that each of the New Homes may only be used for rental purposes and restricting the sale, or other disposition of any dwelling unit within the Properties for 10 years from the date of first occupancy of a dwelling unit in the building.
Eastern Drive Summit Properties Inc. ("EDSP"),
Ali Mofidi ("Mofidi"),
Saeid Mousavi Fard ("Mousavi Fard"),
Shahin Ansari Charsoughi ("Charsoughi") and
Mohammad Taghi Shalbaf ("Shalbaf") contrary to section 14 (1) and section 22 of the
Homeowner Protection Act (the "
Act"), sold five new homes contained in the 1165 Duplex and the 1130 Triplex (the "New Homes") in Port Coquitlam, B.C. (the "Properties") between the dates March 2, 2007, and January 24, 2008, without EDSP being an Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without each of the New Homes being covered by a policy of home warranty insurance. On April 30, 2010, EDSP was approved as HPO LRB 32583. On May 26, 2010, the HPO issued Compliance Order 10-0007 to Mofidi, Mousavi Fard, Charsoughi, Shalbaf and EDSP, directing that they immediately arrange for home warranty insurance on each of the New Homes contained within the 1165 Duplex and the 1130 Triplex on the Properties by June 11, 2010.
Eclissi Developments Ltd. ("EDL"),
William Chan ("W.Chan") and
Peter Wing Yiu Chan ("P.Chan"), contrary to section 14(1) of the
Homeowner Protection Act (the "
Act"), conducted the business of a residential builder without a valid Homeowner Protection Office ("HPO") Residential Builder Licence between the dates July 31, 2009, and February 10, 2010, regarding a multi-unit building in Richmond, B.C. (the "New Homes"). On February 10, 2010, the HPO issued Compliance Order 10-0003 to EDL, W.Chan and P.Chan, directing that they cease carrying on the business of a residential builder as defined in the
Act, that the offering for sale of the New Homes cease immediately, and that they immediately become an HPO Licensed Residential Builder pursuant to the
Act and its
Regulations. Complied.
Edward Chappell ("E. Chappell"), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the "Act"), built two new homes near Nanaimo, B.C. (the "2189 New Home" and the "2191 New Home") (collectively, the "New Homes"), between February 2005 and April 2010, without being a Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without the New Homes being covered by home warranty insurance. On July 8, 2010, Compliance Order 10-0015 was issued by the HPO to E. Chappell directing that E. Chappell become an HPO LRB and obtain home warranty insurance for the New Homes, or that E. Chappell apply for an Owner Builder Authorization ("OBA") for the 2191 New Home and, if approved, request a Disclosure Notice to provide the new owners as required pursuant to section 20(1) of the Act and section 21(2) of the Act, respectively, and apply for an OBA for the 2189 New Home pursuant to section 20(1) of the Act, explaining in the application the facts of why he was applying for two OBAs around the same time. E. Chappell was also directed to comply with Compliance Order 10-0015 by August 13, 2010.
Forest Latimer ("Latimer") contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the "Act"), after having been denied a Homeowner Protection Office ("HPO") Owner Builder Authorization ("OBA") built a new home near Fernie, B.C., (the "New Home") between February 2008 and May 30, 2009, without being an HPO Licensed Residential Builder ("LRB") and without the New Home being covered by home warranty insurance. On December 21, 2009, the HPO issued Compliance Order 09-0026 to Latimer requiring that Latimer become an HPO LRB and enroll the New Home with home warranty insurance by January 28, 2010.
Gary Spink ("G. Spink"), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the "Act"), began construction of a new home in Royston, B.C., (the "New Home") on, or around September 18, 2009, without being a Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without the New Home being enrolled with a policy of home warranty insurance. On January 26, 2010, the HPO issued Compliance Order 10-0002 to G. Spink directing that he cease carrying on the business of a residential builder as defined in the Act, including ceasing construction of the New Home, that he become an HPO LRB and that he enroll the New Home with a policy of home warranty insurance by March 8, 2010. The HPO issued Amended Compliance Order 10-0002-1 to G. Spink on February 11, 2010, changing the date of compliance with Compliance Order 10-0002 to March 15, 2010, and providing G. Spink with a further option by which he could comply with the Act.
Gary Spink (“G. Spink”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the "Act"), began construction of a new home in Royston, B.C., (the "New Home") on, or around, September 18, 2009, without being a Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without the New Home being enrolled with a policy of home warranty insurance. On January 26, 2010, the Homeowner Protection Office (“HPO”) issued Compliance Order 10-0002 to G. Spink directing that he cease carrying on the business of a residential builder as defined in the Act, including ceasing construction of the New Home, that he become an HPO LRB and that he enroll the New Home with a policy of home warranty insurance by March 8, 2010. The HPO issued Amended Compliance Order 10-0002-1 to G. Spink on February 11, 2010, changing the date of compliance with Compliance Order 10-0002 to March 15, 2010, and providing G. Spink with a further option by which he could comply with the Act. On December 7, 2010, the HPO issued Amended Compliance Order 10-0002-2 to G. Spink providing January 14, 2011, as the new date by which compliance must be achieved. All other directions contained in Amended Compliance Order 10-0002-1 remain unchanged. Complied.
Home and Style Construction Inc. ("HSCI") and Marian (Mario) Bitoiu ("M. Bitoiu"), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the "Act"), built a new home in New Westminster, B.C., (the "New Home") during the period of on, or around, January 8, 2008, and September 18, 2009, without being a Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without the New Home being covered with home warranty insurance. On May 19, 2009, the HPO issued Compliance Order 09-0008 to HSCI and M. Bitoiu directing that they cease carrying on the business of a residential builder as defined in the Act, become an HPO LRB and obtain home warranty insurance for the New Home by June 19, 2009. On October 7, 2009, the HPO issued Amended Compliance Order 09-0008-1 to HSCI and M. Bitoiu providing clarification of the directions contained in Compliance Order 09-0008 and providing November 13, 2009, as the date by which compliance with these directions must be achieved. All other directions contained in the Compliance Order 09-0008 remain unchanged.
Iron Gate Investments Ltd. ("IGIL"),
Andrea L. Dinwiddie ("Dinwiddie") and
Steven C. Mills ("Mills"), contrary to sections 14(1), 22(1) and 22(1.1) of the
Homeowner Protection Act (the "
Act"), built and offered a new home for sale in Coldstream, B.C., (the "New Home") during the period of, or around, March 2, 2009, and September 25, 2009, without being a Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without the New Home being covered with home warranty insurance. On December 11, 2009, the HPO issued Compliance Order 09-0023 to IGIL, Dinwiddie and Mills directing that they cease carrying on the business of a residential builder as defined in the
Act, become an HPO LRB, enroll the New Home in a policy of home warranty insurance by January 15, 2009, and cease to offer the New Home for sale until it is covered by a policy of home warranty insurance.
Jason Jasninderpal Singh Grewal ("J.S. Grewal"), contrary to subsections 20.1(1)(b) of the
Homeowner Protection Act (the "Act"), regarding a new home in Richmond, B.C., (the "New Home") for which an Owner Builder Authorization had been issued, offered for sale and sold the New Home on August 27, 2009, within the 12-month period after the New Home was built. On December 23, 2009, the Homeowner Protection Office ("HPO") issued Compliance Order 09-0028 to J.S. Grewal directing that he become a HPO Licensed Residential Builder by January 22, 2010. Complied.
Jeffery Manson ("Manson"), contrary to section 20.1(1)(a) of the
Homeowner Protection Act (the "
Act"), regarding a new home in Prince George, B.C. (the "New Home"), for which Owner Builder Authorization ("OBA") #75839 had been issued, offered for sale and sold the New Home while the New Home was being constructed. As a result of the New Home being sold without Manson first obtaining permission from the Registrar of the Homeowner Protection Office ("HPO"), the Registrar of the HPO cancelled OBA #75839 on February 26, 2010. On June 10, 2010, Compliance Order 10-0011 was issued to Manson directing that Manson cease carrying on the business of a residential builder as defined in the
Act, that Manson become an HPO Licensed Residential Builder ("LRB") pursuant to section 14 of the
Act and obtain home warranty insurance for the New Home pursuant to section 22 of the
Act. Manson was also directed to comply with Compliance Order 10-0011 by July 5, 2010.
John Crowley (“Crowley”) and
Dallas Bullock (“Bullock”), contrary to sections 14(1) and 22(1) of the
Homeowner Protection Act (the “
Act”), built a new home west of Tete Jaune Cache, B.C. (the “New Home”), during the period of February 15, 2008 and August 13, 2010, without being a Homeowner Protection Office (“ HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by a policy of home warranty insurance. On December 7, 2010, the HPO issued Compliance Order 10-0039 to Crowley and Bullock directing that Crowley and Bullock become an HPO LRB pursuant to section 14(1) of the
Act and obtain home warranty insurance for the New Home pursuant to section 22(1) of the
Act, or that Crowley and Bullock apply for, and be issued, an Owner Builder Authorization (“OBA”) for the New Home pursuant to section 20 (1) of the Act and section 4.1 (2) of the
Homeowner Protection Act Regulation (the “
Regulations”), and fulfill the requirements of being an owner builder. Crowley and Bullock were directed to comply with Compliance Order 10-0039 by January 21, 2011.
Karamjit Singh Brar ("K. Brar") and
Ranvir Kaur Brar ("R. Brar"), contrary to section 21(2)(a) of the
Homeowner Protection Act (the
"Act"), sold a new home in Delta, B.C., (the "New Home") on, or about, May 27, 2010, without providing a Disclosure Notice for the New Home to the purchasers of the New Home. On July 9, 2010, the Homeowner Protection Office ("HPO") issued Compliance Order 10-0013 to K. Brar and R. Brar directing them to obtain a Disclosure Notice from the HPO and provide the HPO evidence that they have in fact provided this Disclosure Notice to the purchasers of the New Home pursuant to section 21(2)(a) of the
Act by August 13, 2010. Complied.
Kayte Holdings Limited (“KHL”), Homeowner Protection Office (“HPO”) Licensed Residential Builder 28704, and
Jaclyn Bayles,
Jacqueline Bayles, and
Murray Bayles (together, the “Bayles”), contrary to section 22(1) of the
Homeowner Protection Act (the “
Act”), built a new home near Victoria, B.C. (the “New Home”), during the period of November 2007 and April 2010 without the New Home being covered by home warranty insurance at all relevant times while it was being built. Although KHL initially enrolled the New Home with home warranty insurance in November 2007, KHL cancelled this home warranty insurance in April 2010 after the New Home had been substantially completed by KHL. On August 18, 2010, the HPO issued Compliance Order 10-0025 to KHL and the Bayles directing KHL to immediately obtain home warranty insurance for the New Home pursuant to section 22 of the
Act. KHL was directed to comply with Compliance Order 10-0025 by September 17, 2010.
Lance Hobbs ("Hobbs"), contrary to section 20.1(1)(b) of the
Homeowner Protection Act (the "
Act"), regarding a new home in Port Alberni, B.C. (the "New Home"), for which Owner Builder Authorization ("OBA") #70992 had been issued, sold the New Home within the 12-month time period after the New Home was built. As a result of Hobbs’ failure to maintain a registered interest in land for the New Home within the prescribed period of time after the New Home was built, the Registrar of the Homeowner Protection Office ("HPO") suspended OBA #70992 on August 24, 2009. On July 7, 2010, Compliance Order 10-0012 was issued to Hobbs directing that Hobbs become an HPO Licensed Residential Builder ("LRB") pursuant to section 14 of the
Act and enroll the New Home with home warranty insurance pursuant to section 22 of the
Act, or have title for the New Home transferred back to Hobbs to meet the requirements of OBA #70992 which was issued on January 21, 2008, and since been suspended by the Registrar of the HPO pursuant to section 20.2 of the
Act. Hobbs was also directed to comply with Compliance Order 10-0012 by July 26, 2010.
Mary Louisa Walker (“M. Walker”) and
Elizabeth Ann Walker (“E. Walker”), contrary to sections 14(1) and 22(1) of the
Homeowner Protection Act (the “
Act”), built a new home near Terrace, B.C. (the “New Home”) between January 2008 and October 2009 without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by home warranty insurance. On October 13, 2010, Compliance Order CO10-0019 was issued by the HPO to M. Walker and E. Walker directing that they become an HPO LRB pursuant to section 14 of the
Act and enroll the New Home with home warranty insurance pursuant to section 22 of the
Act, or that M. Walker and E. Walker apply for, and be issued, an HPO Owner Builder Authorization for the New Home. M. Walker and E. Walker were directed to comply with CO10-0019 by November 17, 2010.
Mike Nahal ("M. Nahal") and
Rite Homes Ltd. ("RHL") started construction on four new homes and one multi-unit building (the "New Homes") in the Prince George, B.C., area between August 2007 and December 2009. Although M. Nahal and RHL held a valid Homeowner Protection Office ("HPO") Licence (#27105) at the time construction commenced on each of the New Homes , HPO Licensed Residential Builder ("LRB") 27105 expired on May 31, 2008. Three of the New Homes were enrolled with home warranty insurance when construction on those three homes commenced, however, they were de-enrolled from home warranty insurance on May 13, 2008. Between May 13, 2008, and October 7, 2009, M. Nahal and RHL, contrary to sections 14(1) and 22(1) of the
Homeowner Protection Act (the "
Act"), continued to build and/or offer for sale each of the New Homes. Compliance Order 09-0016, dated October 7, 2009, was issued to M. Nahal and RHL directing M. Nahal and RHL to become an HPO LRB and enroll each of the New Homes with home warranty insurance.
Parmjit Deol (“P. Deol”), contrary to section 20.1(1)(b) of the
Homeowner Protection Act (the “
Act”), regarding a new home in Gibsons, B.C. (the "New Home"), for which Owner Builder Authorization (“OBA”) 75017 had been issued, sold the New Home within the 12-month period after the New Home was built. On August 5, 2010, the Registrar of the Homeowner Protection Office (“HPO”) suspended OBA 75017 under section 20.2 of the
Act. On October 5, 2010, Compliance Order 10-0029 was issued to P. Deol to obtain a Disclosure Notice from the HPO and provide the HPO evidence that P. Deol has in fact provided the Disclosure Notice to the purchaser of the New Home pursuant to section 21(2)(a) of the
Act by October 29, 2010.
Paul Joseph Toynbee (“P. Toynbee”), contrary to section 20.1(1)(b) of the
Homeowner Protection Act (the “
Act”), regarding a new home in Sechelt, B.C., (the "New Home"), for which Owner Builder Authorization (“OBA”) 75469 had been issued, sold the New Home within the 12-month period after the New Home was built. On June 29, 2010, the Registrar of the Homeowner Protection Office (“HPO”) suspended OBA 75469 under section 20.2 of the
Act. On September 13, 2010, Compliance Order 10-0027 was issued to P. Toynbee directing that P. Toynbee cease carrying on the business of a residential builder as defined in the Act, and that P. Toynbee either become an HPO Licensed Residential Builder ("LRB") pursuant to section 14 of the
Act and obtain home warranty insurance for the New Home pursuant to section 22 of the
Act, or arrange for a LRB to enroll the New Home in a policy of home warranty insurance pursuant to section 22 of the
Act, or immediately have a portion of the interest for the New Home transferred back to P. Toynbee to meet the requirements of OBA 75469 which was issued on June 4, 2009, and since suspended by the Registrar of the HPO pursuant to section 20.2 of the
Act. P. Toynbee was directed to comply with Compliance Order 10-0027 by October 22, 2010. Complied.
Randy John Busch ("Busch"), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the "Act"), built a new home near Parksville, B.C., (the "New Home"), between June 2005 and April 2009, without being an Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without the New Home being covered by home warranty insurance. On May 7, 2010, Compliance Order 10-0005 was issued by the HPO to Busch directing that Busch become an HPO LRB pursuant to section 14 of the Act and enroll the New Home with home warranty insurance pursuant to section 22 of the Act, or that Busch apply for, and be issued an HPO Owner Builder Authorization for the New Home. Busch was also directed to comply with Compliance Order 10-0005 by June 4, 2010. Complied.
Robert Holloway ("Holloway") and Neighbours Contracting Ltd. ("Neighbours"), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the "Act"), built a new home in Nanaimo, B.C., (the "New Home") during the period of October 9, 2007, to July 11, 2008, without being a Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without the New Home being covered with home warranty insurance. On July 14, 2009, Compliance Order 09-0010 was issued by the HPO to Holloway and Neighbours directing they cease carrying on the business of a residential builder as defined in the Act until such time as they obtain home warranty insurance for the New Home. On October 9, 2009, Amended Compliance Order ACO09-0010-1 was issued to Holloway and Neighbours changing the compliance date from August 24, 2009, to November 20, 2009, and directing they immediately cease carrying on the business of a residential builder, immediately become an HPO LRB and enroll the New Home they built with home warranty insurance as required by the Act and the Homeowner Protection Act Regulation.
Sala Construction (“SC”) and
Paul Sala (“Sala”), contrary to section 14(1) of the
Homeowner Protection Act (the “
Act”), built a new home in Duncan, B.C., (the "New Home") after their Homeowner Protection Office (“HPO”) Residential Builder Licence (“RBL”) had expired and was subsequently closed. On September 14, 2010, the HPO issued Compliance Order 10-0026 to SC and Sala directing that they cease carrying on the business of a residential builder, as defined in the
Act, and that SC and Sala apply for and be issued an HPO RBL by October 22, 2010.
Savinder Gill ("Gill"), contrary to sections 14(1) and 22(1) of the
Homeowner Protection Act (the "
Act"), built a new home in Surrey, B.C., (the "New Home"), during the period of May 2005 to July 2007, without being a Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without the New Home being covered with home warranty insurance. On August 4, 2009, Compliance Order 09-0014 was issued by the HPO to Gill directing that Gill become an HPO LRB and obtain home warranty insurance for the New Home. On May 17, 2010, the HPO issued Amended Compliance Order 09-0014-1 to Gill providing a new date by which compliance with these directions must be achieved. All other directions contained in the Compliance Order 09-0014 remain unchanged.
Simranjit Singh Johal (“S. Johal”) and
Makhan Singh Johal (“M. Johal”), contrary to section 21(2)(a) of the
Homeowner Protection Act (the "
Act"), sold a new home in Vancouver, B.C., (the "New Home") on June 23, 2010, without providing a Disclosure Notice for the New Home to the purchasers of the New Home. On August 10, 2010, the Homeowner Protection Office (“HPO”) issued Compliance Order 10-0022 to S. Johal and M. Johal directing S. Johal and M. Johal to obtain a Disclosure Notice from the HPO and provide the HPO evidence that S. Johal and M. Johal have in fact provided this Disclosure Notice to the purchasers of the New Home pursuant to section 21(2)(a) of the
Act by September 10, 2010. On September 28, 2010, the HPO issued Amended Compliance Order 10-0022-1 to S. Johal and M. Johal providing October 29, 2010, as the new date by which compliance with Compliance Order 10-0022 was directed to be achieved. All other directions contained in Compliance Order 10-0022 remain unchanged.
Simranjit Singh Johal (“S. Johal”) and Makhan Singh Johal (“M. Johal”), contrary to section 21(2)(a) of the Homeowner Protection Act (the "Act"), sold a new home in Vancouver, B.C., (the "New Home") on, or about, June 23, 2010, without providing a Disclosure Notice for the New Home to the purchasers of the New Home. On August 10, 2010, the Homeowner Protection Office ("HPO") issued Compliance Order 10-0022 to S. Johal and M. Johal directing them to obtain a Disclosure Notice from the HPO and provide the HPO evidence that they have in fact provided this Disclosure Notice to the purchasers of the New Home pursuant to section 21(2)(a) of the Act. The Johals were directed to comply with the Compliance Order by September 10, 2010.
Sukhdev Singh Sarai ("S. Sarai") and
Nashinder Kaur Sarai ("N. Sarai"), contrary to section 21(2)(a) of the
Homeowner Protection Act (the "
Act"), sold a new home in Vancouver, B.C., (the "New Home") on, or about, March 25, 2010, without providing a Disclosure Notice for the New Home to the purchasers. On May 26, 2010, the Homeowner Protection Office ("HPO") issued Compliance Order 10-0010 to S. Sarai and N. Sarai directing them to obtain a Disclosure Notice from the HPO and provide the HPO evidence that they have in fact provided this Disclosure Notice to the purchasers pursuant to section 21(2)(a) of the
Act June 11, 2010. Complied.
Symphony Homes (Spencers Ridge) Limited (“SHSRL”),
Gurdeep Kainth (“Kainth”) and
Nirmaljit Rakhra (“Rakhra”), contrary to section 14(1) of the
Homeowner Protection Act (“
Act”), conducted the business of a residential builder without a valid Homeowner Protection Office (“HPO”) Residential Builder Licence between the dates May 30, 2010, and December 3, 2010, regarding seven new homes in Maple Ridge, B.C. (the “New Homes”). On December 3, 2010, the HPO issued Compliance Order 10-0042 to SHSRL, Kainth and Rakhra, directing that they cease carrying on the business of a residential builder as defined in the
Act, and that they immediately become an HPO Licensed Residential Builder pursuant to the
Act and the
Homeowner Protection Act Regulation. SHSRL, Kainth and Rakhra were directed to comply with Compliance Order 10-0042 by January 14, 2011. Complied.
Tharen Soroka ("Soroka") and TDS Forestry Contracting Ltd. ("TDS"), contrary to section 14(1) and 22(1) of the Homeowner Protection Act (the "Act"), constructed a new home near Powder King, B.C., (the "New Home") during the period of May 2008 to August 2009, without being a Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without the New Home being enrolled and covered by a policy of home warranty insurance. On November 19, 2009, the HPO issued Compliance Order 09-0021 to Soroka and TDS directing that they become an HPO LRB and enroll the New Home with a policy of home warranty insurance or apply for and be issued an HPO Owner Builder Authorization for the New Home.
Wenda Joan Deane (“Deane”), contrary to section 22 of the Homeowner Protection Act (the “Act”), offered for sale a new home in West Vancouver, B.C. (the “New Home”), between the dates of August 30, 2010, and December 10, 2010, without the New Home being covered by home warranty insurance. On December 10, 2010, the Homeowner Protection Office (“HPO”) issued Compliance Order 10-0041 to Deane, directing that the offering for sale, marketing, completion of any Purchase/Sale Agreement that may be in place, or already in place, and/or actual sale of the New Home cease immediately, that Deane provide the HPO evidence of any sale offering cancellation for the New Home, or in the case of a Purchase and Sale Agreement for the Property already being in place, proof that the Purchase and Sale Agreement will not become a legally binding contract until such time as the Act and the Homeowner Protection Act Regulation are complied with, and that Deane immediately arrange for home warranty insurance on the New Home pursuant to section 22 (1) of the Act. Deane was directed to comply with Compliance Order 10-0041 by December 24, 2010. Complied.
Weston Albertson ("W. Albertson") and
Melissa Albertson ("M. Albertson") (together, the "Albertsons"), contrary to sections 14(1) and 22(1) of the
Homeowner Protection Act (the “
Act”), built a new home near Vanderhoof, B.C., (the "New Home"), between December 2006 and May 2010, without being an Homeowner Protection Office ("HPO") Licensed Residential Builder ("LRB") and without the New Home being covered by home warranty insurance. On July 8, 2010, Compliance Order 10-0017 was issued by the HPO to the Albertsons directing that the Albertsons become an HPO LRB pursuant to section 14 of the
Act and enroll the New Home with home warranty insurance pursuant to section 22 of the
Act, or that the Albertsons apply for, and be issued, an HPO Owner Builder Authorization for the New Home. The Albertsons were also directed to comply with Compliance Order 10-0017 by August 13, 2010.
William Duncan Melville (“Melville”) and
Rhonda Leslie Houlden (“Houlden”), contrary to section 21(2)(a) of the
Homeowner Protection Act (the "
Act"), sold a new home in the District of North Vancouver, B.C., (the "New Home") on, or about, May 1, 2010, without providing a Disclosure Notice for the New Home to the purchaser of the New Home. On October 1, 2010, the Homeowner Protection Office (“HPO”) issued Compliance Order 10-0028 to Melville and Houlden directing them to obtain a Disclosure Notice from the HPO and provide the HPO evidence that they have in fact provided this Disclosure Notice to the purchaser of the New Home pursuant to section 21(2)(a) of the
Act by October 29, 2010.
William Michael Deacon (“W. Deacon”) and
Diana Lorraine Deacon (“D. Deacon”) (together, “the Deacons”), contrary to sections 14(1) and 22(1) of the
Homeowner Protection Act (the “A
ct”), built a new home in Port Moody, B.C. (the “New Home”), during the period of September 30, 2009, and August 6, 2010, without being an Homeowner Protection Office (“ HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by home warranty insurance. On August 6, 2010, the HPO issued Compliance Order (“CO”)10-0021 to W. Deacon and D. Deacon directing that the Deacons become an HPO LRB and obtain home warranty insurance for the New Home, or that the Deacons provide the HPO with proof that the New Home is enrolled in a policy of home warranty insurance pursuant to section 22 of the
Act, or that the Deacons apply for, and be issued, an Owner Builder Authorization for the New Home pursuant to section 20 (1) of the
Act and section 4.1(2) of the
Homeowner Protection Act Regulation, and fulfill the requirements of being an owner builder. The Deacons were directed to comply with CO10-0021 by September 3, 2010. On January 27, 2011, the HPO issued Amended Compliance Order 10-0021-1 to W. Deacon and D. Deacon providing February 25, 2011, as the new date by which compliance must be achieved. All other directions contained in CO 10-0021 remain unchanged.
William Michael Deacon (“W. Deacon”) and
Diana Lorraine Deacon (“D. Deacon”) (together, “the Deacons”), contrary to sections 14(1) and 22(1) of the
Homeowner Protection Act (the “
Act”), built a new home in Port Moody, B.C., (the “New Home”), during the period of September 30, 2009 and August 6, 2010, without being an Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by home warranty insurance. On August 6, 2010, Compliance Order 10-0021 was issued by the HPO to W. Deacon and D. Deacon directing that the Deacons become an HPO LRB and obtain home warranty insurance for the New Home, or that the Deacons provide the HPO with proof that the New Home is enrolled in a policy of home warranty insurance pursuant to section 22 of the
Act, or that the Deacons apply for, and be issued, an Owner Builder Authorization for the New Home pursuant to section 20 (1) of the Act and section 4.1 (2) of the Homeowner Protection Act Regulation, and fulfill the requirements of being an owner builder. Amended.
Wonderland Homes Inc.,
Balwant Brar, and
Swaran Brar (together, the "Company") on, or around, April 1, 2010, contrary to section 22(1.1) of the
Homeowner Protection Act (the "
Act"), sold two new homes, consisting of a main home and a corresponding coach home, in Surrey, B.C., ("New Home 1" and "New Home 2", respectively) without those two homes each being covered by a policy of home warranty insurance. In addition, contrary to section 22(1) of the
Act, the Company continued construction on three other new homes ("New Home 3", "New Home 4", and "New Home 5", respectively) that were not covered by home warranty insurance and contrary to section 14(1) of the
Act while the Company’s Homeowner Protection Office ("HPO") Residential Builder Licence 30274 was suspended. The HPO issued Compliance Order 10-0009 to the Company on June 10, 2010, demanding that the Company immediately cease carrying on the business of a residential builder as defined in the
Act, including building, offering to sell or selling New Home 3, New Home 4 or New Home 5 and immediately enroll each of New Homes 1-5 in a policy of home warranty insurance by June 18, 2010. Complied.