Enforcement Action: Monetary PenaltyIssue Date: February 12, 2014
On February 12, 2014, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act (the “Act”), s. 20.1(2)(b) and s. 20.1(2)(g) of the Homeowner Protection Act Regulation (the “Regulations”), Colin Eldan Corby (“C. Corby”)and Sherryl Marlene Corby (“S. Corby”) (together, the “Corbys”), were issued a monetary penalty in the single amount of $7,000. This Monetary Penalty was issued for the following reasons:
- Between the period of, or about, July 27, 2011, and October 4, 2012, contrary to s. 14(1) of the Act, the Corbys conducted the business of a residential builder by selling their interest in 4 new and never occupied homes in Sooke, B.C. (collectively, the “New Homes”), without either of the Corbys being a Homeowner Protection Office Licensed Residential Builder;
- On, or about, September 13, 2012, and October 4, 2012, contrary to s. 22(1.1)(a) of the Act, the Corbys sold 2 of the New Homes without any of the 2 New Homes being registered for coverage by home warranty insurance provided by a warranty provider; and
- The contraventions of the Act by the Corbys make the Corbys subject to a monetary penalty pursuant to s. 28.3(1)(a) of the Act, s. 20.1(2)(b) and s. 20.1(2)(g) of the Regulations.