On January 19, 2023, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Richard Mark Dewinetz (“R. Dewinetz”) and Evelyn Dewinetz (“E. Dewinetz”) (together “the Dewinetzes”) were issued a monetary penalty in a daily amount of $250, to a maximum of $7,500, for each day that passes until the demands contained in Compliance Order 22-0002 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- The Dewinetzes, contrary to section 22(1.1)(b), sold a new home on Galiano Island, BC (the “New Home”) on, or about, December 10, 2021, without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider;
- The contravention of the Act by the Dewinetzes is the subject of the CO issued by BC Housing (“BCH”) on February 2, 2022. The date for complying with the CO was March 11, 2022;
- The CO directed the Dewinetzes to immediately become a Licensed Residential Builder pursuant to section 14(1) of the Act, and register the New Home for coverage by HWI provided by a warranty provider, or provide BCH Compliance Department with proof that the New Home is enrolled in a policy of HWI pursuant to section 22(1) of the Act; and
- The Dewinetzes failed to comply with the orders contained in the CO by the requested compliance date.