On March 3, 2021, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Prairie Creek Homes Inc. (“PCH”) and Daniel Peter Friesen (“Friesen”), jointly and severally, were issued a monetary penalty in a daily amount of $220, to a maximum of $6,600, for each day that passes until the demands contained in Compliance Order 20-0021 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- PCH and Friesen, contrary to s. 22(1) of the Act, built, or caused to have built, a new home in Sorrento, BC (the “New Home”), between the period of, or about, December 16, 2017, and the Fall of 2018, without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider;
- The contravention of the Act by PCH and Friesen is the subject of the CO issued by BCH on October 21, 2020. The date for complying with the CO was November 27, 2020;
- The CO directed PCH and Friesen to ensure PCH is a Licensed Residential Builder in good standing and 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 with proof that the New Home is enrolled in HWI pursuant to s. 22 of the Act; and
- PCH and Friesen failed to comply with the orders contained in the CO by the requested compliance date.