On December 13, 2017, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Larry Allen Penner (“Penner”) was issued a monetary penalty in a daily amount of $135, to a maximum of $4,050, for each day that passes until the demands contained in Compliance Order 17-0032 have been satisfied. This Monetary Penalty was issued for the following reasons:
- Penner, contrary to s. 14(1) and s. 22(1) of the Act, commenced or caused to have commenced construction on a new home in Cluculz Lake, BC (the “New Home”), sometime in 2016 without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider;
- The contraventions of the Act by Penner are the subject of Compliance Order 17-0032 (the “CO”) issued by a Compliance Investigator on September 19, 2017. The date for complying with the CO was October 13, 2017;
- The CO directed Penner to immediately register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act, provide BCH with proof that the New Home is enrolled in a policy of HWI pursuant to section 22 of the Act, or apply for, and be issued, an Owner Builder Authorization for the New Home on the property pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation by October 13, 2017; and
- Penner failed to comply with the CO by the requested compliance date.