On May 28, 2013, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), David Alexander Borden (“D. Borden”) and Lynn Kelly Borden (“L. Borden”) (together, the “Bordens”), jointly and severally, were issued a monetary penalty in the daily amount of $105, to a maximum of $3,150, for each day that passes until the demands contained in Compliance Order 12-0025 have been satisfied. This monetary penalty was issued for the following reasons:
- The Bordens, contrary to s. 14(1) and s. 22(1) of the Act, built a new home in Falkland, B.C. (the “New Home”), during the period of, or about, 2007 and 2011, without being an Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered with home warranty insurance;
- The contraventions of the Act by the Bordens are the subject of Compliance Order 12-0025 (the “CO”) issued by the HPO on April 10, 2012. The date for complying with the CO was June 1, 2012;
- The CO directed that the Bordens immediately apply for and become an HPO LRB pursuant to s. 14(1) of the Act and enrol the New Home with home warranty insurance pursuant to s. 22(1) of the Act, or provide the HPO with proof that the New Home is enrolled with home warranty insurance, or apply for, and be issued an Owner Builder Authorization (“OBA”) for the New Home, pursuant to s. 20(1) of the Act and s. 4.1(2) of the Homeowner Protection Act Regulation; and
- The Bordens failed to comply with the CO by the requested compliance date.