Enforcement Action: Monetary PenaltyIssue Date: November 6, 2014
On November 6, 2014, pursuant to s. 28.3 (1)(b) of the Homeowner Protection Act (the “Act”), Judah Heron (“Heron”) was issued a monetary penalty in a daily amount of $220 to a maximum of $6600, for each day that passes until the demands contained in Compliance Order 13-0036 have been satisfied. This Monetary Penalty was issued for the following reasons:
- Heron, contrary to s. 14(1) and s. 22(1) of the Act, constructed a new home in Qualicum Beach, B.C. (the “New Home”), during the period of, or around, July 11, 2012, and November 08, 2012, 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 Heron are the subject of Compliance Order 13-0036 (the “CO”) issued by the HPO on August 19, 2013;
- The CO directed Heron to 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 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 fulfil the requirements of being an owner builder; and
- Heron failed to comply with the CO by the requested compliance date of September 20, 2013.