On March 6, 2014, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Trevor Lee Mosher (“Mosher”), was issued a monetary penalty in a daily amount of $165, to a maximum of $4,950, for each day that passes until the demands contained in Compliance Order 13-0001 have been satisfied. This Monetary Penalty was issued for the following reasons:
- Mosher, contrary to s. 14(1) and s. 22(1) of the Act, built a new home in Hudson's Hope, B.C. (the “New Home”), during the period of, or about, 2009 and 2013, 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 Mosher are the subject of Compliance Order 13-0001 (the “CO”) issued by the HPO on January 18, 2013. The date for complying with the CO was February 22, 2013;
- The CO directed Mosher to apply for and become an HPO LRB pursuant to s. 14(1) of the Act and enrol the New Home with home warranty insurance pursuant to s. 22(1) of the Act, or apply for, and be issued an Owner Builder Authorization (“OBA”) for the New Home, pursuant to s. 20(1) of the Act; and not sell, offer to sell, or complete the sale of any Purchase/Sale Agreement that may already be in place or may come into place while the New Home is being constructed or within 10 years from the date an occupancy permit is first issued with respect to the New Home, unless the New Home is enrolled with home warranty insurance, is issued an OBA, or permission to sell the New Home has been granted from the HPO Registrar in accordance with s. 22(1.2) of the Act; and
- Mosher failed to comply with the CO by the requested compliance date.