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It covers compliance with applicable company and community-schemes legislation, the appointment and supervision structure, and the managing agent’s powers, duties, and annexed administrative and financial responsibilities. The agreement specifies remuneration terms and annual fee increases, the commencement and multi-year renewal or termination process, breach and remedy timelines, indemnity obligations, and a negotiation-then-arbitration dispute resolution framework.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/management-agreement-home-owners-association-and-managing-agent/281015/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/management-agreement-home-owners-association-and-managing-agent/281015.png","ImageObject",442,249,{"name":88,"@type":89},"Aditya","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-19","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",13,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"What does the agreement require the Home Owners Association to do?","Question",{"text":109,"@type":110},"It sets compliance obligations under relevant Acts, and it must indemnify and hold harmless the managing agent for properly incurred claims and costs, except in the case of the managing agent’s default.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"How are the managing agent’s duties and powers defined?",{"text":114,"@type":110},"The managing agent is appointed to act on behalf of the association and/or directors within the agreement and applicable law, while its specific duties are provided in Annexure “A”.",{"name":116,"@type":107,"acceptedAnswer":117},"How does the agreement handle disputes and termination?",{"text":118,"@type":110},"Disputes start with written invitation and negotiation within 7 days; unresolved disputes go to arbitration with a written decision within 14 days. 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NO   /   /    \n(“the Association”)  \nAND  \n  (REG./CK NO:  / /  ) T/A    \n(“the Managing Agent”)  \n1. RECORDAL  \n1.1 The Association needs abide by the terms of the Companies Act No. 71 of 2008, the Community Schemes Ombud Service Act, No. 9 of 2011 , the Memorandum of Incorporation of the Company and the Rules or Constitution of the Company, if applicable (jointly referred to as “the Act”) and the Directors have been elected in terms of the Act.  \n1.2 The Directors are obliged to perform certain functions and may exercise certain powers in terms of the Act.  \n1.3 The Directors require the Managing Agent to perform certain specified financial, secretarial, administrative and other management services on their behalf and under their supervision.  \n2. APPOINTMENT  \n2.1 The Managing Agent is hereby appointed to act as Managing Agent of the Association on the terms and conditions set out in this agreement, which appointment is accepted.  \n2.2 The appointment of the Managing Agent does not relieve the Directors of their fiduciary duties.  \n3. POWERS AND DUTIES OF THE MANAGING AGENT  \n3.1 The Managing Agent shall be entitled to act in all respects on behalf of and in the name of the Association and/or the Directors , as may be necessary for the performance of its services, subject to the provisions of the Act. The parties acknowledge that this agreement shall not be construed as a delegation by the Directors of their functions or powers (or those of the Association) to the Managing Agent.  \n3.2 The duties of the Managing Agent are set out in Annexure “A”.  \n4. REMUNERATION  \n4.1 The Managing Agent’s fees are set out in Annexure “B”. These fees will increase by 10%(10 percent) on the 1st of January of each year following signature of this agreement.  \n4.2 The Managing Agent will be remunerated monthly in advance for all the fees set out in Annexure “B”.  \n5. COMMENCEMENT AND TERMINATION OF THIS AGREEMENT  \n5.1 This agreement begins from   /   / 20  and shall endure for a 3  \n(three) year period, whereafter it will automatically renew for further periods of 3 (three) years at a time, unless written notice of termination is given by either party 3 (three) months before the date the agreement is set to be renewed automatically.  \n5.2 This agreement may be cancelled without liability or penalty by:  \n5.2.1 The Association on 3 (three) calendar months’ notice if the cancellation is first approved by a special resolution passed at a general meeting of owners;  \n5.2.2 The Managing Agent on 2 (two) calendar months’ notice.  \n6. BREACH  \n6.1 If any party breaches any provision or term of this agreement and fails to remedy such breach within 14 (fourteen) days of the date of dispatch of written notice requiring it to do so, then, the other party (\"the aggrieved party\") shall be entitled, in addition to any other remedy available to him at law, to cancel this agreement or to claim specific performance, in either event , without prejudice to the aggrieved party's rights to claim damages.  \n7. INDEMNITY  \n7.1 Save in the event of default by the Managing Agent, the Association will indemnify and hold harmless the Management Agent from and against all claims, losses, costs, damages and expenses properly incurred by the Managing Agent in carrying out its duties and obligations as instructed by the Association from time to time. The Managing Agent shall not in any way whatsoever, be liable to the Association if the Managing Agent fails or omits to do any act, matter or thing it is obliged to do hereunder, if such failure or omission arises from the Association’s failure to make the appropriate decision in relation to such act, matter or thing or to have sufficient monies available to the Managing Agent to enable the Managing Agent to carry out its obligations.  \n8. ARBITRATION  \n8.1 Should any dispute or claim arise between the parties (“the dispute”), concerning t","cbCaifSdyMOPcJ1r","https://ap.wps.com/l/cbCaifSdyMOPcJ1r","pdf",522255,"English","# Recordal\n# Appointment\n# Powers and Duties of the Managing Agent\n# Remuneration\n# Commencement and Termination of This Agreement\n# Breach\n# Indemnity\n# Arbitration\n# General\n# Annexure A – Duties of the Managing Agent","[{\"question\":\"What does the agreement require the Home Owners Association to do?\",\"answer\":\"It sets compliance obligations under relevant Acts, and it must indemnify and hold harmless the managing agent for properly incurred claims and costs, except in the case of the managing agent’s default.\"},{\"question\":\"How are the managing agent’s duties and powers defined?\",\"answer\":\"The managing agent is appointed to act on behalf of the association and/or directors within the agreement and applicable law, while its specific duties are provided in Annexure “A”.\"},{\"question\":\"How does the agreement handle disputes and termination?\",\"answer\":\"Disputes start with written invitation and negotiation within 7 days; unresolved disputes go to arbitration with a written decision within 14 days. Termination can be effected by the association on 3 months’ notice (after a special resolution) or by the managing agent on 2 months’ notice.\"}]","Management Agreement - Home Owners Association and Managing Agent | PDF",1789563572]