Enforcement Action: Monetary PenaltyIssue Date: March 8, 2016
On March 8, 2016, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Brian Mathew Elson (“B. Elson”) and Louise Elson (“L. Elson”) (together, “the Elsons”), jointly and severally, were issued a monetary penalty in a daily amount of $167, to a maximum of $5,000, for each day that passes until the demands contained in Compliance Order 15-0035 (“CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- The Elsons contravened s. 14(1) and s. 22(1) of the Act regarding a new home in Chase, B.C. (the “New Home”), between the period of, or about, August 27, 2010, and September 22, 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 the Elsons are the subject of the CO issued by the HPO on December 1, 2015. The date for complying with the CO was January 8, 2016;
- The CO directed that the Elsons immediately apply for and 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, or provide the HPO with proof that the New Home is being built by an HPO LRB and 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
- The Elsons failed to comply with the orders contained in the CO by the requested compliance date.
The Elsons complied with the orders contained in the CO on March 17, 2016, and the Monetary Penalty was suspended by the HPO Registrar on that same date.