On September 18, 2014, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Alex King Charn Chang (“Chang”) and Tricon Pacific Contracting Ltd. (“TPCL”) were issued a monetary penalty in a daily amount of $303, to a maximum of $9,100, for each day that passes until the demands contained in Amended Compliance Order 13-0032-1 (the “ACO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- Chang and TPCL contravened s. 14(1) and s. 22(1) of the Act regarding two New Homes in Vancouver, B.C. (the “New Homes”);
- The contraventions of the Act by Chang and TPCL are the subject of the ACO issued by the Homeowner Protection Office (“HPO”) on May 28, 2014. The date for complying with the CO was July 4, 2014;
- The ACO directed Chang and TPCL to immediately apply for and become an HPO Licensed Residential Builder pursuant to s. 14(1) of the Act; and immediately register the New Homes for coverage by home warranty insurance provided by a warranty provider pursuant to s. 22(1) of the Act, or provide the HPO with proof that each of the New Homes is enrolled in a policy of home warranty insurance pursuant to s. 22 of the Act; and
Chang and TPCL failed to comply with the ACO by the requested compliance date.