Enforcement Action: Monetary PenaltyIssue Date: March 24, 2016
On March 24, 2016, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Flawless Homes Ltd. (“FHL”) and Stefan Bullert (“Bullert”), jointly and severally,were issued a monetary penalty in a daily amount of $303, to a maximum of $9,100, for each day that passed until the demands contained in Compliance Order 15-0034 (“CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- FHL and Bullert contravened s. 14(1) and s. 22(1) of the Act regarding a new home in Fort St. John, B.C. (the “New Home”), between the period of, or about, March 20, 2015, and September 24, 2015, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider;
- The contraventions of the Act by FHL and Bullert are the subject of the CO issued by the HPO on December 3, 2015;
- The CO directed FHL and Bullert to become an HPO LRB pursuant to s. 14(1) of the Act and register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to s. 22(1) of the Act. FHL and Bullert were directed to comply with the CO by January 11, 2016; and
- FHL and Bullert failed to comply with the CO by the requested compliance date.