Enforcement Action: Monetary PenaltyIssue Date: April 20, 2012
On April 20, 2012, pursuant to s. 28.3(1)(a) and s.28.3(1)(b) of the Homeowner Protection Act (the “Act”), and s. 20.1(2)(b) and s. 20.1(2)(f) of the Homeowner Protection Act Regulation (the “Regulations”), Traci Leah Fitzgerald (“T. Fitzgerald”) was 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 11-0022 have been satisfied. This Monetary Penalty was issued for the following reasons:
- T. Fitzgerald, contrary to section 14(1) and 22(1) of the Act, constructed a new home in Coquitlam, B.C. (the “New Home”) during the period of May 2008 to August 2009, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by home warranty insurance;
- The contraventions of the Act by T. Fitzgerald are the subject of Compliance Order 11-0022 (“CO”) issued by the HPO on August 26, 2011. The date for complying with the CO was September 23, 2011;
- The CO directed T. Fitzgerald to 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, provide the HPO with proof that the New Home is enrolled in a policy of home warranty insurance pursuant to s. 22 of the Act, or apply for, and be issued, an OBA for the New Home pursuant to s. 20(1) of the Act and s. 4.1(2) of the Regulations, and fulfil the requirements of being an owner builder; and
- T. Fitzgerald failed to comply with the CO by the requested compliance date.