On August 22, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act (the “Act”), s. 20.1(2)(b) and s. 20.1(2)(f) of the Homeowner Protection Act Regulation (the “Regulations”), Tharen Soroka (“T. Soroka”), Denise Soroka (“D. Soroka”) and TDS Forestry Contracting Ltd. (“TDS”) were issued a daily monetary penalty, jointly and severally, in the amount of $240, to a maximum of $7,200, for each day that passed until the demands contained in Compliance Order 09-0021 had been satisfied. This Monetary Penalty was issued for the following reasons:
- T. Soroka, D. Soroka, (together, the “Sorokas”) and TDS, contrary to section 14(1) and 22(1) of the Act, constructed a new home near Powder King, B.C. (the “New Home”), during the period of May 2008 to August 2009, 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 the Sorokas and TDS are the subject of Compliance Order 09-0021 (“CO”) issued by the HPO on November 19, 2009. The date for complying with the CO was December 18, 2009;
- The CO directed the Sorokas and TDS 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, or apply for, and be issued, an OBA for the New Home pursuant to s. 20(1) of the Act and s. 4.1(2) of the Regulations, and fulfil the requirements of being an owner builder; and
- The Sorokas and TDS failed to comply with the CO by the requested compliance date.