On April 5, 2018, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Jagtar Randhawa (“Randhawa”) was issued a monetary penalty in a daily amount of $110, to a maximum of $3,300, for each day that passes until the demands contained in Compliance Order 17-0034 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- Randhawa, contrary to s. 14(1) and s. 22(1) of the Act, constructed, or caused to have constructed, a new home in Abbotsford, BC (the “New Home”) 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 Randhawa are the subject of the CO issued by BCH on September 24, 2017. The date for complying with the CO was October 20, 2017;
- The CO directed that Randhawa immediately register the New Home for coverage by HWI provided by a warranty provider pursuant to s. 22(1) of the Act, or 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 section 22(1) of the Act, or if Randhawa meets the eligibility requirements, Randhawa may apply for, and be issued, an Owner Builder Authorization for the New Home pursuant to s. 20(1) of the Act and s. 4.1(2) of the Homeowner Protection Act Regulation, or provide BCH Compliance Department with evidence that the New Home is not a residential dwelling and does not meet the definition of a “new home” as defined under the Act; and
- Randhawa failed to comply with the orders contained in the CO by the requested compliance date.