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14 NO.20658 GOVERNMENT GAZETTE, 1 DECEMBER 1999<br />
Minimum and maximum amounts payable from Fund<br />
13.(1) <strong>The</strong> maximum amountthat may be expended by the Council under section 17(1) in respect ofhomes<br />
enrolled in terms ofsection 14(1)ofthe Act pursuant to a failure ofa home builderto meet its obligations<br />
intenDs of section 13(2)(b)(i)ofthe Act, is the sellingprice ofthe homeas declared by the home builder<br />
at the time ofthe enrolmentofthe home, up to a maximum amount ofRSOO 000.<br />
(2) <strong>The</strong> maximum amountthat may be expendedmay include•<br />
(a) any professional fee incurred by the Council in investigating and determining a cost<br />
effectivemethodofrectification;<br />
(b) thenecessary costfor rectification of anymajorstructural defect and for makinggood any<br />
finishesnecessarilydamaged by the rectificationprocess; and<br />
(c) reasonable accommodation costs where, in the opinion of the Council, it would be<br />
unreasonablefor a housingconsumer to remain in occupation ofthe property due to the<br />
extensive nature ofthe remedial works, prescribedat maximumdaily rates by the Council<br />
up to a maximum offive percent ofthe sellingprice, or R25 000, whicheveris the lesser.<br />
(3) No amount shall be paid out ofthe fund in relation to-<br />
(a) any limitationor exclusionin terms ofregulation 14;<br />
(b) consequential or economic lossof any kind or description whatsoever,includingdamages<br />
and penalties for and losses due to delay, breach ofcontract. loss of rental income or<br />
default in mortgage loan repayments; and<br />
(c) anycosts, loss or liability for which compensation is covered under an insurance policy.<br />
(4) <strong>The</strong> Council may in exceptional circumstances, instead ofhaving a defect rectified, make a payment<br />
>$
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