Enforcement Action: Monetary PenaltyIssue Date: August 26, 2011
On August 26, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act (the “Act”), s. 20.1(2)(b) and s. 20.1(2)(f) of the Homeowner Protection Act Regulation (the “Regulations”), William Michael Deacon (“W. Deacon”) and Diana Lorraine Deacon (“D. Deacon”) were issued a daily monetary penalty, jointly and severally, in the amount of $240, to a maximum of $7,200, for each day that passes until the demands contained in Amended Compliance Order 10-0021-1 had been satisfied. This Monetary Penalty was issued for the following reasons:
- W. Deacon and D. Deacon (together, “the Deacons”), contrary to sections 14(1) and 22(1) of the Act, built a new home in Port Moody, B.C. (the “New Home”), during the period of September 30, 2009, and August 6, 2010, without being an 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 the Deacons are the subject of Compliance Order 10-0021 (“CO”) issued by the HPO on August 6, 2010, and Amended Compliance Order 10-0021 (“ACO”) issued by the HPO on January 27, 2010. The date for complying with the ACO was February 25, 2011;
- The ACO directed the Deacons 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, or apply for, and be issued, an Owner Builder Authorization (“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
- The Deacons failed to comply with the ACO by the requested compliance date.