On August 10, 2022, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Brandy Koch-Zigler (“Koch-Zigler”) was issued a monetary penalty in a daily amount of $234, to a maximum of $7,000, for each day that passes until the demands contained in Compliance Order 21-0020 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- Koch-Zigler, contrary to s. 14(1) and s. 22(1) of the Act, commenced, or caused to have commenced, construction on a new home in Cluculz Lake, BC (the “New Home”), between the period of, or about, January 18, 2018, and November 24, 2021, without being a BC Housing (“BCH”) Licensed Residential Builder (LRB) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider;
- The contraventions of the Act by the Koch-Zigler are the subject of the CO issued by BCH on November 24, 2021. The date for complying with the CO was January 14, 2022;
- The CO directed Koch-Zigler to ensure all construction activities cease on the New Home, and immediately either provide BCH Compliance Department with proof that the New Home was built by a LRB and is enrolled in a policy of HWI pursuant to s. 22 of the Act, or become a BCH LRB pursuant to s. 14(1) of the Act and register the New Home for coverage by HWI pursuant to s. 22(1) of the Act, or apply for, and be issued, an Owner Builder Authorization for the New Home, or provide BCH Compliance Department evidence that the New Home no longer meets the definition of a ‘new home’ as defined under the Act; and
- Koch-Zigler failed to comply with the orders contained in the CO by the requested compliance date.