COMMUNITY SCHEMES OMBUD SERVICE (CSOS)

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CHIEF OMBUD
(Ref. CSOS/CO/09/24)
This position reports to the Chairperson of the Board.
 
Requirements: • Bachelor’s degree in law or a recognised equivalent qualification is a prerequisite • A postgraduate qualification at Master level: MBL, Master’s Degree in Law /Property Law, or other equivalent qualification in law, and registration with the Bar will be an added advantage • A minimum of 15 years working experience,10 of which must be in an Executive or Senior Management role • A proven record of good governance, financial administration, stakeholder management, and strategic reporting • Knowledge and experience in the resolution of disputes • Knowledge of the Community Schemes environment including Sectional Tittles, Home-Owners Associations, or similar environment • Understanding the legislative environment of Government and government entities.
 
Key Performance Areas: • To account for the CSOS programmes regularly to the Board, through the Chairperson, the Executive Authority, and other relevant organisations • To account to the Board on the strategic affairs of the Community Schemes Ombud Service • Oversee an ethical, efficient, and effective dispute resolution mechanism for Community Schemes • Oversee the regulation of Community Schemes to ensure their good governance • Oversee appropriate administrative systems for the safe custody and control of Schemes Governance documentation • Oversee the provisioning of customer education as an integral part for the good administration of the Community Schemes • Manage the affairs of the Community Schemes Ombuds Service by overseeing the development and implementation of the strategic business plan of the organisation • To oversee the development and implementation of strategic performance plans, risk management plans audit plans, and fraud prevention plans for the organisation • Ensure the growth of the organisation through devising and implementation of sound and sustainable funding models • Ensure financial viability, by implementing efficient levies collection model • Ensure proper financial management regarding financial planning and reporting, revenue, and expenditure • Ensure alignment of the CSOS long-term strategic plan, APP and business plans to the overall regulatory and legislative requirements of CSOS’s financial plan • Establish strategic partnerships with key stakeholders in order to achieve business objectives • Ensure availability and effective utilisation of resources to support the overall strategy of CSOS • Ensure compliance to legislation and regulatory frameworks • Identify stakeholder and partner requirements synergistic to CSOS in order to support the execution of the strategic priorities • Ensure execution of all Board’s directives • To chair EXCO and present Operational Reports to the Board, periodically, including attending to matters from the Ministry and the Department of Human Settlements as per the Board Delegation of Authority. • Lead the corporate governance framework to ensure clean administration.
 
NB: This appointment will be subject to security clearance.
 
Enquiries: Mr Mokete Penane (010) 593-0533.
 
Background checks on the preferred candidates will be conducted prior to an appointment. Applications, including a covering letter and accompanied by a CV and certified copies of qualifications, must be addressed to the Company Secretary, Mr. Mokete Penane, and e-mailed to: recruitment5@csos.org.za
 
“Please Note: Candidates who previously applied for this role are encouraged to apply if they are still interested”
 
CLOSING DATE: 10 September 2024
 
NB: Please note that it is compulsory to use the reference number as a subject line when applying for the advertised positions.
 
• Applicants who do not receive any response within 4 weeks of the closing date must regard their applications as unsuccessful
• People with disabilities are encouraged to apply.
 
Privacy Statement: • We comply with the provisions of Protection of Personal Information Act; Act No. 4 of • 2013. We will use your personal information provided to us for the purpose of recruitment only and more specifically for the purpose of the position/vacancy you have applied for. • In the event your application was unsuccessful for a specific position, the CSOS will retain your personal information for internal audit purposes as required by the CSOS policies.
 
All the information requested now or during the process is required for recruitment purposes. Failure to provide requested information may render your application null and void. The CSOS will safeguard the security and confidentiality of all information you share with us. All personal information will be treated as confidential and will not be disclosed to third parties, except in situations where:
(i) We are legally compelled to do so; or
(ii) Disclosure is necessary for recruitment purposes; or
(iii) You have not objected thereto.




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APPOINTMENT OF CSOS PANEL OF EXECUTIVE MANAGING AGENTS (NATIONALLY) 
 
In terms of Prescribed Management Rule (PMR) 28 (1) of the Sectional Title Schemes Management Act (No. 8 of 2011) a body corporate may by special resolution, appoint an executive managing agent to perform the functions and exercise the powers that would otherwise be performed and exercised by its scheme executives. 
Executive Managing Agent means a person appointed to perform all the duties and obligations of a trustee, as set out under the PRM 28(3) of the Sectional Title Schemes Management Act. 
 
Appointment of Executive Managing Agent: 
The body corporate may, by special resolution, appoint an executive managing agent to perform the functions and exercise the powers that would otherwise be performed and exercised by the trustees. 
Alternatively, members entitled to 25% of the total quotas of all sections may apply to the Community Scheme Ombud Service for the appointment of an executive managing agent. 
 
Requirements for appointment as Executive Managing Agent: 
The incumbent, alternatively the Principal of the incumbent managing agency firm must: 

• Be registered as a Managing Agent at the Property Practitioners Regulatory Authority (PPRA) and have a valid Fidelity Fund Certificate or valid exemption or letter of compliance, and in addition have the relevant NQF5 qualification or equivalent; 
• Have a thorough knowledge of the CSOS Act, Sectional Title Schemes Management Act; Companies Act, Housing Schemes for Retired Persons Act and South African Co-operatives Act, the Promotion of Administrative Justice Act as well as the Protection of Personal Information Act 4 of 2013 (POPI); 
• Have excellent communication skills; 
• Be in possession of a previously disadvantaged BBBEE Certificate or a Sworn Affidavit; and 
• Be experienced, conversant and skilled in the overall management and administration of sectional title schemes, which includes but is not limited to: 
  • the day-to-day management of the scheme; 
  • liaising with unit owners, occupants and body corporate staff; 
  • the hiring and firing of body corporate staff; 
  • dealing with contractors and/or facilities managers; 
  • attending to the monthly financial management of the scheme, sending out monthly levy statements and attending to limited debt collection on the body corporate’s behalf; 
  • financial reporting to members; 
  • appointing service providers and liaison with service providers, as well as payment of body corporate service providers and other debtors; 
  • preparing body corporate books for the annual audit; 
  • arranging for general meetings and sending out notices; 
  • preparing minutes; 
  • ensure that statutory returns are attended to timeously; 
  • submitting annual reports and returns to the CSOS in terms of the Act (see below); and 
  • dealing with internal dispute resolution proceedings before referring a matter to the CSOS. 

 
This is a position that not only requires significant experience but demands commitment from the incumbent. It carries with it a great deal of responsibility. It is not a position to be taken lightly and candidates will be thoroughly vetted. 
The candidate/company must take out professional indemnity insurance cover. The aforesaid indemnity insurance is insurance cover payable by the company itself and is over and above fidelity insurance as required in terms of the CSOS Regulations and the Property Practitioners Fidelity cover. 
 
Key Performance Areas: 
An executive managing agent 

• Is subject to all the duties and obligations of a scheme executive under the Act and the rules of the scheme; 
• Is obliged to manage the scheme with the required level of professional skill and care; 
• Is liable for any loss suffered by the body corporate as a result of not applying such professional skill and care; 
• Has a fiduciary obligation to every member of the body corporate; 
• Must arrange for the inspection of the common property at least every six months; and 
• Must report to every member of the body corporate on the administration of the scheme at least every four months. 
• The reports of an executive managing agent must include at least the following details: proposed repairs to, and maintenance of the common property and assets of the body corporate within the forthcoming four months; 
  • matters the executive managing agent considers relevant to the condition of the common property and the assets of the body corporate; 
  • the balance of each of the administrative and reserve funds of the body corporate on the date of the report, and a reconciliation statement for each fund; and 
  • for the period since the appointment of the executive managing agent or from the date of the last report — 
  • the expenses of the body corporate, including repair, maintenance and replacement costs; and 
  • a brief description of the date and nature of all decisions made by the executive managing agent. 

 
Contract of appointment and remuneration 

• The Executive Managing Agent shall sign a service level agreement/ contract with the body corporate whereby a fee will be agreed upon and paid by the scheme to the Executive Managing Agent. 

 
Cancellation of Contract: 

• By the body corporate on two months’ notice, if the cancellation is first approved by a special resolution passed at a general meeting, or 
• By the managing agent on two months’ notice; and 
• The body corporate or trustees may by ordinary resolution cancel the management agreement in accordance with its terms or refuse to renew the management agreement when it expires. 

 
Duration of Appointment: 

• Three (3) years. 

 
 
Enquiries: Ms. Asanda Taylor, Acting Senior Manager: Governance, Compliance & Enforcement 
 
Applications, including a covering letter accompanied by a CV and copies of qualifications and relevant documents, must be addressed to the Acting Senior Manager: Governance, Compliance & Enforcement, Ms. Asanda Taylor, and e-mailed to EMACSOSPANEL@csos.org.za.
 
Closing Date: 05 September 2024