Managing Agent vs. Executive Managing Agent: The ultimate guide for bodies corporate
10 December 2025 | Sarah Sydenham
Running a Body Corporate is no small feat. Between navigating the Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”), managing finances, handling maintenance responsibilities, and balancing communication with residents, the workload is heavy. This is often why Trustees suffer from "volunteer fatigue."
However, there is often confusion regarding the professionals hired to help. Specifically: What is the difference between a Managing Agent and an Executive Managing Agent (“EMA”)?
While the titles sound similar, their roles and responsibilities are vastly different.
In this guide:
we will break down the responsibilities
discuss when to use which, and
advise the benefits of having these roles fulfilled by independent service providers.
What is a Managing Agent?
Think of the Managing Agent as the administrative engine of the scheme.
A Managing Agent is appointed by the Trustees and/or the Body Corporate to perform specific administrative and financial functions. They do not have the power to make decisions on behalf of the scheme, unless specifically authorised and instructed to do so by the trustees.
Typical responsibilities of a Managing Agent include:
Issuing levy statements and collecting levies.
Paying approved invoices (municipal, groundskeeping services, security).
Sending out notices for Annual General Meetings and Special General Meetings.
Drafting the budget for Trustee approval.
Keeping and storing the books and records of the Body Corporate.
That is to say, the Managing Agent advises and administers, but the Trustees decide.
What is an Executive Managing Agent?
An EMA is a different function entirely. Under Prescribed Management Rule (“PMR”) 28 in terms of the regulations to STSMA, an EMA is appointed to take on the role of the Trustees.
When a Body Corporate appoints an EMA, they are essentially acknowledging that no Trustees will be appointed for the time being, and that the EMA will take over the duties and obligations of the Trustees.
The EMA becomes the decision-maker in place of the Trustees.
Typical responsibilities of an EMA, much the same as Trustees, include:
Making day-to-day decisions regarding the running of the scheme.
Ensuring the scheme is fully compliant with the STSMA and the requirements of the Community Schemes Ombud Service (“the CSOS”).
Reporting to the members every four months regarding maintenance, administration and finances.
Inspecting the common property every six months.
In other words, the EMA decides and takes on the liability that usually sits with the Trustees.
The distinction: When to speak to whom?
In a scenario where a scheme has appointed an Executive Managing Agent, they would usually still have a Managing Agent, which can be confusing for owners - Who do you call?
The same principle applies, that all administrative issues are still the responsibility of the Managing Agent and all decision making and governance issues are the responsibility of the EMA, as they would have previously been of the Trustees.
Depending on the exact contracts in place with your Managing Agent and your EMA, your Managing Agent is most likely still your primary point of contact.
When should you appoint an Executive Managing Agent?
While the traditional Trustee Committee model works for many, it is becoming increasingly difficult to sustain in modern community scheme living.
An EMA is highly beneficial in the following situations:
Volunteer fatigue: Being a Trustee is voluntary, unpaid, and legally risky. Owners often expect a lot of Trustees, leading to burnout. An EMA is a professional who is paid to handle the heat and remains emotionally detached.
Complex buildings: Large mixed-use schemes (retail, commercial and/or residential) or buildings with complex infrastructure require technical and legal expertise that lay-person Trustees often lack.
Time constraints and limited resources: Most owners have full-time jobs and there can often be a very limited pool of individuals available to fulfil the role of Trustee. If the Trustees are unable meet regularly or balance the necessary communication and responsibilities in their day-to-day schedules, it can take a toll on the body corporate. An EMA does performs these obligations as their day job and can tackle urgent projects immediately.
Complex internal politics: Sometimes, social dynamics within a Body Corporate make it impossible for an internal board of trustees to function. An EMA serves as a neutral, professional third party.
The golden rule: Should there be a separation of powers
Ideally, your Managing Agent and your EMA should work for different companies. While it is not illegal for one company to offer both services, separating them provides a system of checks and balances.
Accountability: The EMA, as the decision-maker oversees the Managing Agent, who is the administrator.
Transparency: Having two separate entities ensures that the finances and decisions are being viewed by independent eyes.
Audit trail: It ensures a clear distinction between the instruction given by the EMA and the action taken by the Managing Agent.
Final thoughts | EMAs can professionalise your scheme
Moving to an Executive Managing Agent model is not a sign of failure; it is a sign of professionalising the management of your greatest asset. It relieves the burden on owners and ensures legal compliance. However, the relationship between the Managing Agent and the EMA is symbiotic. By understanding who does what, and ensuring a separation of powers, your Body Corporate can thrive.
About the author
Sarah Sydenham is a Community Schemes Legal Consultant at TVDM Consultants.
Sarah is also an admitted attorney, brings a well-rounded legal background and a passion for community schemes to her role.
After completing her LLB at Stellenbosch University, Sarah pursued an LLM in Public Law at the same institution, where she was supervised by the former Public Protector, Professor Thuli Madonsela. During the final year of her master's degree, she worked at the Law Faculty's Social Justice Centre, understanding the practical influence of the law in everyday life.
Learn more about Sarah Sydenham.
