On February 15, 2013, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act (the “Act”), and s. 20.1(2)(e) of the Homeowner Protection Act Regulation (the “Regulations”), Henry Kozlowski (“H. Kozlowski”) and Valerie Kozlowski (“V. Kozlowski”) (together, the “Kozlowskis”), were issued a monetary penalty, jointly and severally, in the single amount of $400. This monetary penalty was issued for the following reasons:
- The Kozlowskis, contrary to section 21(2)(a) of the Act, regarding a new home in Vernon, B.C., (the "New Home") for which an Owner Builder Authorization had been issued, sold the New Home on, or about, July 3, 2012, without providing the prospective purchasers of the New Home, prior to the sale of the New Home, a disclosure notice in a form satisfactory to the Homeowner Protection Office Registrar stating, among other information, whether or not the New Home was covered by a policy of home warranty insurance;
- The contravention of the Act by the Kozlowskis makes the Kozlowskis subject to a monetary penalty pursuant to s. 28.3(1)(a) of the Act and s. 20.1(2)(e) of the Regulations; and
- The Kozlowskis complied with s. 21(2)(a) of the Act on July 17, 2012.