On July 22, 2020, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Michael Stephen Hanson (“Hanson”) was issued a monetary penalty in a daily amount of $142, to a maximum of $4,250, for each day that passes until the demands contained in Compliance Order 19-0009 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- Hanson, 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”), between the period of, or about, April 24, 2019, and July 19, 2019, without being a BC Housing (“BCH”) Licenced 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 Hanson are the subject of the CO issued by BCH on July 19, 2019. The date for complying with the CO was August 16, 2019;
- The CO directed Hanston to immediately complete the application for an Owner Builder Authorization (“OBA”) and, if Hanson meets the eligibility requirements, be issued an OBA for the New Home pursuant to s. 20(1) of the Act and s. 4.1(2) of the Homeowner Protection Act Regulation; or apply for and become a LRB pursuant to s. 14(1) of the Act and register the New Home for coverage by HWI provide by a warranty provider pursuant to s. 22(1) of the Act; or provide BCH Compliance Department with proof that the New Home is enrolled in a policy of HWI pursuant to s. 22(1) of the Act; and
- Hanson failed to comply with any of the orders contained in the CO by the requested compliance date.