On April 25, 2013, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Dejana Alexis Milankov (“Milankov”) was issued a monetary penalty in the daily amount of $110, to a maximum of $3,300, for each day that passes until the demands contained in Compliance Order 10-0036 have been satisfied. This monetary penalty was issued for the following reasons:
- Milankov, contrary to s. 14(1) and s. 22(1) of the Act, built a new home in South Slocan, B.C. (the “New Home”), sometime in, and between, 2010 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 Milankov are the subject of Compliance Order 10-0036 (the “CO”) issued by the HPO on November 24, 2010. The date for complying with the CO was December 24, 2010;
- The CO directed Milankov to apply for, and be issued, an Owner Builder Authorization from the HPO for the New Home pursuant to s. 20(1) of the Act or 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; and
- Milankov failed to comply with the CO by the requested compliance date.