On November 8, 2022, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Konic Development Ltd. (“KDL”) and Keith Kin Wei Leung (“Leung”) were issued a monetary penalty in a daily amount of $120, to a maximum of $3,600, for each day that passes until the demands contained in Compliance Order 21-0016 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- KDL and Leung, contrary to section 14(5)(b) of the Act, published information implying and suggesting that either KDL or Leung is a licensed residential builder during the periods of, or about, May 31, 2020, and August 19, 2021, without either KDL or Leung holding a valid BC Housing (“BCH”) Residential Builder Licence;
- The contravention of the Act by KDL and Leung is the subject of the CO issued by BCH on August 19, 2021. The date for complying with the CO was October 8, 2021;
- The CO directed KDL and Leung to immediately cease all signage, marketing, advertising, and other publications that imply, suggest, or hold out in any manner that either KDL or Leung is a Licensed Residential Builder (“LRB”); or to immediately become a BCH LRB pursuant to section 14 of the Act; and
- KDL and Leung failed to comply with any of the orders contained in the CO by the requested compliance date.