On November 8, 2016, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), John Dueck Klippenstein (“Klippenstein”), was issued a monetary penalty in the single amount of $6,000. This Monetary Penalty was issued for the following reasons:
- Klippenstein, contrary to s. 14(1) and s. 22(1) of the Act, built a new home in Peachland, BC (the “New Home”), between September 9, 2011, and August 24, 2012, 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 contraventions of the Act by Klippenstein are the subject of Compliance Order 16-0004 (the “CO”) issued by the HPO on January 14, 2016. The date for complying with the CO was February 19, 2016;
- The CO directed Klippenstein to 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 s. 22(1) of the Act, or provide the HPO with proof that the New Home is enrolled in a policy of home warranty insurance pursuant to s. 22 of the Act; and
Klippenstein failed to comply with the CO by the requested compliance date.