Enforcement Action: Monetary PenaltyIssue Date: November 17, 2014
On November 17, 2014, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Andrea Danielle Moore (“A. Moore”) and James Anthony Moore (“J. Moore”) (together, “the Moores”) were issued a monetary penalty in a daily amount of $200, to a maximum of $6,000, for each day that passes until the demands contained in Compliance Order 14-0027 have been satisfied. This Monetary Penalty was issued for the following reasons:
- The Moores, contrary to s. 14(1) and s. 22(1) of the Act, built a new home in Slocan, B.C. (the “New Home”), 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 Moores are the subject of Compliance Order 14-0039 (the “CO”) issued by the HPO on June 13, 2014. The date for complying with the CO was July 11, 2014;
- The CO directed the Moores to apply for and become an HPO LRB pursuance 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 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 fulfil the requirements of being an owner builder; and
- The Moores failed to comply with the CO by the requested compliance date.