On February 21, 2023, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), DNB Development & Services Ltd. (“DNB”) and Davied Nicholas Broderick (“Broderick”), were issued a monetary penalty, jointly and severally, in a daily amount of $375, to a maximum of $11,250, for each day that passes until the demands contained in Compliance Order 22-0022 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- DNB and Broderick contravened sections 14(1) and 22(1) of the Act regarding 12 new homes in Tappen, BC (collectively, the “New Homes”);
- The contraventions of the Act by DNB and Broderick were the subject of the CO issued by BC Housing (“BCH”) on July 20, 2022;
- The CO directed DNB and Broderick to cease construction and sale marketing efforts on the New Homes and either become a BCH Licensed Residential Builder and register each of the New Homes for coverage by home warranty insurance (“HWI”) provided by a warranty provider, provide proof that each of the New Homes is enrolled in a policy of HWI, or provided that the property meets the acceptance criteria for a rental exemption, arrange for a restrictive covenant to be registered on title to the property restricting the sale or other disposition of any dwelling units on the property for 10 years from the date of first occupancy of one of the dwelling units pursuant to section 2(2.1) of the Homeowner Protection Act Regulation. DNB and Broderick were ordered to comply with the CO by August 19, 2022; and
- DNB and Broderick failed to comply with the orders contained in the CO by the requested compliance date.