Enforcement Action
Monetary Penalty
Issue Date
On January 13, 2012, 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”), Yong Ming Ping (“Ping”), John Hwak Chew Woo (“Woo”) and 2008 Enterprises Ltd. (“2008 Ltd.”) were issued a monetary penalty, jointly and severally, in the amount of $4,800. This monetary penalty was issued for the following reasons:
- Ping, Woo and 2008 Ltd., contrary to section 14(1) of Act, conducted the business of a residential builder without a valid Homeowner Protection Office (“HPO”) Residential Builder Licence between the dates September 30, 2010, and July 7, 2011, regarding a multi-unit building in Vancouver, BC (the “Stratified Properties”), and contrary to section 22 of the Act, built the 4 new residential units contained within the multi-unit building on the Stratified Properties (the “New Homes”), between the dates of March 29, 2010, and July 7, 2011, without each of the New Homes being covering by home warranty insurance;
- The contraventions of the Act by Ping, Woo and 2008 Ltd., are the subject of Compliance Order 11-0006 (“CO”) issued by the HPO on April 1, 2011. The date for complying with the CO was April 29, 2011;
- The CO directed Ping, Woo and 2008 Ltd., cease carrying on the business of a residential builder as defined in the Act, and become an HPO Licensed Residential Builder (“LRB”) and obtain home warranty insurance for each of the New Homes on the Stratified Properties or register a restrictive covenant on the title to each of the Stratified Properties ensuring that each of the New Homes may only be used for rental purposes and restricting the sale, or other disposition of any dwelling unit within the Stratified Properties for 10 years from the date of first occupancy of a dwelling unit in the building; and
- On July 7, 2011, Ping, Woo and 2008 Ltd., complied with the CO and registered a restrictive covenant on the title to each of the Stratified Properties ensuring that each of the New Homes can only be used for rental purposes and restricting the sale, or other disposition of individual dwelling unit within the Stratified Properties for 10 years from the date of first occupancy of a dwelling unit in the building.