On January 24, 2018, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Ken Babakaiff (“K. Babakaiff”), David Kenneth Babakaiff (“D. Babakaiff”), and Amy Anna-Maria Windson (“A. Windson”), jointly and severally, were issued a monetary penalty in a daily amount of $135, to a maximum of $4,050, for each day that passes until the demands contained in Compliance Order 17-0036 have been satisfied. This Monetary Penalty was issued for the following reasons:
- K. Babakaiff, D. Babakaiff, and A. Windson, contrary to sections 14(1) and 22(1) of the Act, commenced or caused to have commenced construction of a new home in Krestova, B.C. (the “New Home”), sometime in 2017 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 K. Babakaiff, D. Babakaiff, and A. Windson are the subject of Compliance Order 17-0036 (the “CO”) issued by a Compliance Investigator on November 6, 2017. The date for complying with the CO was December 1, 2017;
- The CO directed K. Babakaiff, D. Babakaiff, and A. Windson to immediately cease construction on the New Home, and either become a BCH LRB pursuant to section 14(1) of the Act and register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act, or provide BCH Compliance Department with proof that the New Home is being built by a LRB and is enrolled in a policy of HWI pursuant to section 22(1) of the Act, or if K. Babakaiff, D. Babakaiff, or A. Windson meets the eligibility requirements, either one of them may apply for, and be issued, an Owner Builder Authorization for the New Home on the Property pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation; and
- K. Babakaiff, D. Babakaiff, and A. Windson failed to comply with the orders contained in the CO by the requested compliance date.