Enforcement Action: Monetary PenaltyIssue Date: March 22, 2012
On March 22, 2012, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act (the “Act”), William Bland (“Bland”) and Lucas DeCicco (“DeCicco”), were issued a monetary penalty, jointly and severely, in the daily amount of $385, to a maximum of $15,400, for each day that passes until the demands contained in Compliance Order 09-0009 have been satisfied. This monetary penalty was issued for the following reasons:
- Bland and DeCicco, contrary to s. 14(1) and s. 22(1) of the Act, built two new homes in Shawnigan Lake, B.C. (the “New Homes”), during the period of November 2007 to August 2008, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Homes being covered with home warranty insurance;
- The contraventions of the Act by Bland and DeCicco are the subject of Compliance Order 09-0009 (the “CO”) issued by the HPO on June 9, 2009, and Amended Compliance Order 09-0009-1 (the “ACO”) issued by the HPO on September 24, 2009. The date for complying with the ACO was October 26, 2009;
- The CO and the ACO directed that Bland and DeCicco immediately cease carrying on the business of a residential builder as defined in the Act and that they become an HPO LRB and obtain home warranty insurance for the New Homes; and
- Bland and DeCicco failed to comply with the CO and the ACO by the requested compliance date.