On July 17, 2013, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Pete Harding (“Harding”), Art H. Hayden (“Hayden”) and 0803002 BC Ltd. (“0803002 BCL”) were issued a monetary penalty in the amount of $240, to a maximum of $7,200, for each day that passes until the demands contained in Compliance Order 11-0025 have been satisfied. This monetary penalty was issued for the following reasons:
- Harding, Hayden and 0803002 BCL, contrary to s. 14(1) and s. 22(1) of the Act, constructed a new home in Vernon, B.C. (the “New Home”) during the period of, or around, March 1, 2011, and August 31, 2011, 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 Harding, Hayen and 0803002 BCL are the subject of Compliance Order 11-0025 (“CO”) issued by the HPO on August 31, 2011. The date for complying with the CO was September 30, 2011;
- The CO directed Harding, Hayden and 0803002 BCL that they cease carrying on the business of a residential builder as defined in the Act, including building, offering to sell or selling of the New Home, until such time as 0903002 BCL is issued a Residential Builder Licence by the HPO pursuant to s. 14 of the Act and the New Home is covered by home warranty insurance pursuant to s. 22(1) and s. 22(1.1) of the Act, and that they become an HPO LRB pursuant to s. 14 of the Act, and enrol the New Home with home warranty insurance pursuant to s. 22(1) of the Act; and
- Harding, Hayden and 0803002 BCL failed to comply with the CO by the requested compliance date.