Enforcement Action: Monetary PenaltyIssue Date: September 18, 2014
On September 18, 2014, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Peter Allan Duttenhoffer (“P. Duttenhoffer”) and Dollie Lenora Duttenhoffer (“D. Duttenhoffer”)(together, “the Duttenhoffers”) were issued a monetary penalty in the amount of $720 on a daily basis for a period of 15 days to a maximum of $10,800, until the demands contained in Compliance Order 14-0044 have been satisfied. This Monetary Penalty was issued for the following reasons:
- The Duttenhoffers have failed to comply with Compliance Order 14-0044 (“CO”) issued by the Homeowner Protection Office (“HPO”) on July 03, 2014. The date for complying with the CO was August 8, 2014. The failure of the Duttenhoffers to comply with the CO make the Duttenhoffers subject to a monetary penalty pursuant to s. 28.3(1)(b) of the Act;
- The Duttenhoffers contravened s. 14(1) and s. 22(1) of the Act regarding the new homes in Princeton, B.C. (the “New Homes”), during the period of, or about, 2005 and 2014, without being an HPO Licensed Residential Builder (“LRB”) and without any of the New Homes being registered for coverage by home warranty insurance provided by a warranty provider;
- The CO directed that the Duttenhoffers immediately apply for and become an HPO LRB pursuant to s. 14(1) of the Act, and register the New Homes for coverage by home warranty insurance provided by a warranty provider pursuant to s. 22(1) of the Act; or provide the HPO with proof that each of the New Homes is enrolled in a policy of home warranty insurance pursuant to s. 22 of the Act, or that each of the New Homes is exempt by the Homeowner Protection Act Regulation (the “Regulations”) from the requirements of the Act; or ensure that all the New Homes situated on the property (the “Property”) are owned under a single legal title, and immediately arrange for a restrictive covenant to be registered on the title to the Property restricting the sale or other disposition of any dwelling unit on the Property for 10 years from the date of first occupancy of one of the dwelling unit pursuant to s. 2(2.1) of the Regulations; or provide the HPO evidence that the New Homes are not residential dwelling units and do not meet the definition of a “new home” under the Act and Regulations; and
- The Duttenhoffers failed to comply with the CO by the requested compliance date.