Enforcement Action: Monetary PenaltyIssue Date: August 26, 2011
On August 26, 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”), Edwin Van Strien (“Van Strien”), Sheila Patricia Wade (“Wade”) and Swade Holdings Ltd. (“SHL”) were issued a daily monetary penalty, jointly and severally, in the amount of $200, to a maximum of $6,000, for each day that passed until Van Strien, Wade and SHL had complied with the requirements of the Act and the Regulations. This Monetary Penalty was issued for the following reasons:
- Van Strien, Wade and SHL, contrary to section 14(1) and 22(1) of the Act, constructed a new home on Bowen Island, B.C. (the “New Home”), during the period of December 19, 2007, and August 26, 2011, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by home warranty insurance, and without either Van Strien or Wade being issued an Owner Builder Authorization (“OBA”) for the New Home pursuant to s. 20(1) of the Act and s. 4.1(2) of the Regulations, and fulfilling the requirements of being an owner builder; and
- The contraventions of the Act by Van Strien, Wade and SHL, make them subject to a monetary penalty.