On July 24, 2013, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Mehak Bassi (“Bassi”) and Shamsher Singh Bharaj (“Bharaj”) were issued a monetary penalty in the amount of $183, to a maximum of $5,500, for each day that passes until the demands contained in Compliance Order 12-0054 have been satisfied. This Monetary Penalty was issued for the following reasons:
- Bassi and Bharaj, contrary to section 14(1) and 22(1.1) of the Act, sold a new home in Chilliwack, B.C. (the “New Home”) on, or about, May 29, 2012, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by home warranty insurance;
- The contraventions of the Act by Bassi and Bharaj are the subject of Compliance Order 12-0054 (“CO”) issued by the HPO on December 18, 2012. The date for complying with the CO was January 18, 2013;
- The CO directed Bassi and Bharaj to 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
- Bassi and Bharaj failed to comply with the CO by the requested compliance date.