Enforcement Action: Monetary PenaltyIssue Date: December 3, 2019
On December 3, 2019, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Advanced Log Homes Ltd. (“ALHL”) and Jonathan Hessler (“Hessler”) were issued a monetary penalty, jointly and severely, in a single amount of $9,200. This Monetary Penalty was issued for the following reasons:
• ALHL and Hessler, contrary to s. 14(1) and s. 22(1) of the Act, constructed a new home in 100 Mile House, BC (the “New Home”) between the period of, or about, September 22, 2015 and April 2016, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider;
• The contraventions of the Act by ALHL and Hessler are the subject of Compliance Order 17-0042 (the “CO”) issued by BCH on November 15, 2017. The date for complying with the CO was December 5, 2017;
• The CO directed ALHL and Hessler immediately cease carrying on the business of a LRB, immediately apply for and become a LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by HWI provided by a warranty provider pursuant to s.22(1) of the Act; and
• ALHL and Hessler failed to comply with the CO by the requested compliance date.