On January 31, 2023, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Amanpreet Singh Kandola, Gurpreet Singh Kandola, Arvinder Kaur Kandola, and Surinder Kaur Kandola (together, “the Kandolas”), were issued a monetary penalty, jointly and severally, in a daily amount of $250, to a maximum of $7,500, for each day that passes until the demands contained in Compliance Order 22-0016 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- The Kandolas contravened sections 14(1) and 22(1) of the Act regarding 2 new homes in Surrey, BC (collectively, the “New Homes”);
- The contraventions of the Act by the Kandolas were the subject of the CO issued by BC Housing (“BCH”) on October 19, 2022;
- The CO directed the Kandolas to immediately remove all cooking facilities contained in each of the New Homes; or provided the New Homes obtain a building permit and occupancy approval by the City of Surrey, either become a BCH Licensed Residential Builder pursuant to section 14(1) of the Act, and register each of the New Homes for coverage by home warranty insurance (“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 meets the acceptance criteria for a rental exemption, arrange for a restrictive covenant to be registered on title to the property 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 the CO by December 2, 2022; and
- The Kandolas failed to comply with the orders contained in the CO by the requested compliance date.