On June 10, 2013, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Benjamin Phillip Legg (“Legg”) was issued a monetary penalty in the daily amount of $120, to a maximum of $3,600, for each day that passes until the demands contained in Compliance Order 10-0035 have been satisfied. This monetary penalty was issued for the following reasons:
- Legg, contrary to s. 14(1) and s. 22(1) of the Act, built a new home in Winlaw, B.C. (the “New Home”), without being an Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered with home warranty insurance;
- The contraventions of the Act by Legg are the subject of Compliance Order 10-0035 (the “CO”) issued by the HPO on November 24, 2010. The date for complying with the CO was December 24, 2010;
- The CO directed Legg to apply for, and become, an HPO Licensed Residential Builder (“LRB”) and enrol the New Home in a policy of home warranty insurance pursuant to section 22(1) of the Act, or apply for, and be issued, an Owner Builder Authorization (“OBA”); and
- Legg failed to comply with the CO by the requested compliance date.