On May 30, 2014, pursuant to s. 28.3 (1)(c ) of the Homeowner Protection Act (the “Act”), Polar Construction Ltd. (“PCL”), Marshall Scott Schneider (“M. Schneider”) and Jennifer Schneider (“ J. Schneider”), jointly and severally, were issued a monetary penalty in the daily amount of $327 to a maximum of $9,800, for each day that passes until the condition issued for Homeowner Protection Office (“HPO”) Residential Builder Licence 32540 (“HPO Licence 32540”) is satisfied. This Monetary Penalty was issued for the following reasons:
- M. Schneider, contrary to s. 14(1) and s. 22(1) of the Act, constructed a new home in Vanderhoof, B.C. (the “New Home”) during the period of, or about, January 19, 2010, and January 19, 2011, without being an HPO Licensed Residential Builder and without the New Home being covered by home warranty insurance;
- On August 14, 2013, the HPO placed a conditional status on HPO Licence 32540 requiring PCL, M. Schneider and J. Schneider to register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to s. 22(1) of the Act within 30 days after receipt of notice; and
PCL, M. Schneider and J. Schneider failed to meet the condition of HPO Licence 32540 by the requested date.