Enforcement Action: Monetary PenaltyIssue Date: September 14, 2014
On September 4, 2014, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Kulwant Mattu (“K. Mattu”) and Ranjit Mattu (“R. Mattu”) (together, “the Mattus”), were issued a monetary penalty in a daily amount of $238, to a maximum of $7,150, for each day that passes until the demands contained in Compliance Order 12-0001 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- K. Mattu built a new home in Surrey, B.C. (the “New Home”) for which an Owner Builder Authorization (“OBA”) was issued, and contrary to s. 20.1(1)(b) and s. 21(2)(a) of the Act, the Mattus sold the New Home, without having occupied the New Home for the 12-month period after the New Home was built, and failed to provide the purchasers of the New Home with a disclosure notice in a form satisfactory to the HPO Registrar, stating, among other facts, whether or not the New Home is covered by home warranty insurance. On November 15, 2011, the HPO Registrar cancelled the OBA issued for the New Home;
- The contraventions of the Act by the Mattus are the subject of the CO issued by the HPO on February 16, 2012. The date for complying with the CO was April 13, 2012;
- The CO directed the Mattus to apply for, and become an HPO Licensed Residential Builder pursuant to section 14 of the Act, and arrange for home warranty insurance for the New Home pursuant to section 22(1) of the Act; and
- The Mattus failed to comply with the orders contained in the CO by the requested date.