On May 28, 2013, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Weston Albertson (“W. Albertson”) and Melissa Albertson (“M. Albertson”) (together, the “Albertsons”), jointly and severally, were issued a monetary penalty in the daily amount of $105, to a maximum of $3,150, for each day that passes until the demands contained in Compliance Order 10-0017 have been satisfied. This monetary penalty was issued for the following reasons:
- The Albertsons, contrary to s. 14(1) and s. 22(1) of the Act, built a new home in Vanderhoof, B.C. (the “New Home”), sometime in, and between, January 2007 and March 2010, without being an Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered with home warranty insurance;
- The contraventions of the Act by the Albertsons are the subject of Compliance Order 10-0017 (the “CO”) issued by the HPO on July 8, 2010. The date for complying with the CO was August 13, 2010;
- The CO directed that the Albertsons 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 for the New Home, pursuant to s. 20(1) of the Act; and
- The Albertsons failed to comply with the CO by the requested compliance date.