On February 25, 2016, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act(the “Act”), Nabob Homes Ltd. (“Nabob”), 0852845 BC Ltd. (“0852845”), and Manjit Singh Rai (“Rai”), jointly and severally, were issued a monetary penalty in a single amount of $8,800. This Monetary Penalty was issued for the following reasons:
- Nabob, 0852845 and Rai, contrary to s. 22(1) and s. 22(1.1) of the Act, constructed a new home in Maple Ridge, B.C. (the “New Home”), between the dates of April 29, 2011, and February 14, 2014, and sold the New Home on, or about, October 22, 2014, without the New Home being covered by a policy of home warranty insurance;
- On December 9, 2014, Compliance Order 14-0063 (“CO”) was issued to Nabob, 0852845, and Rai by the Homeowner Protection Office, directing that Nabob, 0852845, and Rai immediately register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to s. 22(1) of the Act. Nabob, 0852845, and Rai were ordered to comply with the CO by January 16, 2015; and
- Nabob, 0852845, and Rai failed to comply with the order contained in the CO by the requested compliance date. The failure of Nabob, 0852845, and Rai to comply with the CO by the requested compliance date makes Nabob, 0852845, and Rai subject to a monetary penalty pursuant to s. 28.3(1)(b) of the Act.