On March 27, 2017, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Andreas Urich (“Urich”), was issued a monetary penalty in a daily amount of $238, to a maximum of $7,150, for each day that passes until the demands contained in Compliance Order 16-0023 have been satisfied. This Monetary Penalty was issued for the following reasons:
- Urich, contrary to s.14(1) and s.22(1) of the Act, built a new home in Fort St. John, B.C. (the “New Home”), between July 2007 and March 2009, without being a Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider;
- The contraventions of the Act by Urich are the subject of Compliance Order 16-0023 (the “CO”) issued by a Compliance Investigator on June 27, 2016. The date for complying with the CO was July 29, 2016;
- The CO directed Urich to become a Licensed Residential Builder pursuant to s. 14(1) of the Act, and register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to s. 22(1) of the Act, or provide proof that the New Home is enrolled in a policy of home warranty insurance pursuant to s. 22 of the Act; and
- Urich failed to comply with the CO by the requested compliance date.