On March 5, 2014, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”),Charles Randal Lucas (“Lucas”)and 0773871 BC Ltd. dba Lucas Construction (“LC”), jointly and severally, were issued a monetary penalty in the daily amount of $275 to a maximum of $8,250, for each day that passes until the demands contained in Compliance Order 13-0031 have been satisfied. This Monetary Penalty was issued for the following reasons:
- Lucas and LC have failed to comply with Compliance Order 13-0031 (“CO”) issued by the HPO on November 20, 2013. The date for complying with the CO was December 27, 2013. The failure of Lucas and LC to comply with the CO makes Lucas and LC subject to a monetary penalty pursuant to s. 28.3(1)(b) of the Act;
- Lucas and LC contravened s. 14 (1) and s. 22(1) of the Act regarding a new home in Kimberley, B.C. (the “New Home”), during the period of, or around, September 18, 2008, and July 31, 2009, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider;
- The CO directed Lucas and LC to cease carrying on the business of a residential builder as defined in the Act, become an HPO LRB 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, and cease all signage, marketing, advertising and other publications and media that imply, suggest or hold out in any manner that either Lucas or LC is an HPO LRB until such time as either Lucas or LC is issued a Residential Builder Licence by the HPO; and
- Lucas and LC failed to comply with the CO by the requested compliance date.