Enforcement Action: Monetary PenaltyIssue Date: October 8, 2014
On October 8, 2014, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Ian Neil Walmsley (“Walmsley”) and Holly Shalom Grieve (“Grieve”) were issued a monetary penalty in a daily amount of $100, to a maximum of $3,000, for each day that passes until the demands contained in Compliance Order 13-0041 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- Walmsley and Grieve contravened s. 14(1) and s. 22(1) of the Act regarding a New Home in Hornby Island, B.C.;
- The contraventions of the Act by Walmsley and Grieve are the subject of the CO issued by the Homeowner Protection Office (“HPO”) on November 8, 2013. The date for complying with the CO was November 29, 2013;
- The CO directed that Walmsley and Grieve immediately apply for and become an HPO Licensed Residential Builder 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, or 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 Owner Builder Authorization for the New Home pursuant to s. 20(1) of the Act and s. 4.1(2) of the Homeowner Protection Act Regulation; and
- Walmsley and Grieve failed to comply with the CO by the requested compliance date.