Enforcement Action: Monetary PenaltyIssue Date: November 15, 2011
On November 15, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act, (the “Act”) and s. 20.1(2)(b) of the Homeowner Protection Act Regulation, (the “Regulations”), Marian (Mario) Bitoiu (“M. Bitoiu”) and Home and Style Construction Inc. (“HSCI”) were issued a monetary penalty, jointly and severally, in the amount of $255, to a maximum of $7,700, for each day that passes until all of the demands contained in Amended Compliance Order 09-0008-1 have been satisfied. This Monetary Penalty was issued for the following reasons:
- M. Bitoiu and HSCI, contrary to section 14(1) and section 22(1) of the Homeowner Protection Act (the “Act”), built a new home in New Westminster, B.C., (the “New Home”) during the period of on, or around, January 8, 2008, and September 18, 2009, without holding a valid HPO Builder Licence and without the New Home being covered with home warranty insurance;
- The contraventions of the Act by Bitoiu and HSCI are the subject of Compliance Order 09-0008 (“CO”) issued by the Homeowner Protection Office (HPO) on May 19, 2009, and Amended Compliance Order 09-0008-1 (“ACO”) issued by the HPO on October 7, 2009. The date for complying with the ACO was November 13, 2009;
- The ACO directed Bitoiu and HSCI to become an HPO Licensed Residential Builder pursuant to section 14(1) of the Act, and enrol the New Home with home warranty insurance pursuant to section 22(1) of the Act; and
- Bitoiu and HSCI failed to comply with ACO by the requested compliance date.