On April 19, 2012, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act (the “Act”), and s.20.1(2)(d) and s. 20.1(2)(e) of the Homeowner Protection Act Regulation (the “Regulations”), Jonathan Soderman Christensen (“J. Christensen”) and Ashley Margaret Juliet Christensen (“A. Christensen”) (together, the “Christensens”) were issued a monetary penalty, jointly and severally, in the single amount of $750. This Monetary Penalty was issued for the following reasons:
- The Christensens, contrary to sections 20.1(1)(b) and 21(2) of the Act, regarding a new home in Courtenay, BC (the "New Home"), for which an Owner Builder Authorization had been issued: i) sold the New Home on, or about, June 27, 2011, without having occupied the New Home for the required 12-month time period after the New Home was built; and ii) without providing the prospective purchaser 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 these sections make the Christensen subject to a monetary penalty pursuant to s. 28.3(1)(a) of the Act and s. 20.1(2)(d) and s. 20.1(2)(e) of the Regulations; and
- A. Christensen contravened s.21(2) of the Act by virtue of s. 85 (1) (b) of the Offence Act, RSBC 1996, c. 338.