Demand the complete file before signing. The seller must make available to you a copy of the co-ownership regulations, the architectural plans bearing the "ne varietur" mention, and the topographical plans relating to the acquired part, as well as the other attached documents (art. 11). The deed of sale must moreover state mandatorily that you have read the co-ownership regulations and these plans (art. 11).
The regulations are essential: they set out in particular the purpose of the private and common areas, the distribution of the shares, and each owner's share in the charges (art. 9).
A crucial point on debts: in the event of the transfer of a divided part, the transferee (the buyer) is jointly and severally liable with the transferor toward the association for the claims owed by the seller (art. 42). Therefore, ask the syndic for a discharge receipt, which it issues to the selling co-owner if they are not indebted to the association (art. 26). Also verify that the debt is not covered by a forced mortgage (art. 40).
Finally, the transfer deed must, under penalty of nullity, be established by authentic deed or by a deed of certain date drawn up by an authorized legal professional (art. 12).
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+−How to Recover Unpaid Co-ownership Charges?
The syndic can recover unpaid co-ownership charges via formal notice, order-for-payment procedure, and forced mortgage. Claims are time-barred after 5 years.
+−Challenge Illegal Meeting Decisions? 2-Month Timeline
Challenge illegal general meeting decisions within 2 months of notification before the court of first instance where the co-ownership is located.
+−How to Force Your Syndic to Call a General Meeting?
Request a general meeting with 1/3 of co-owners; if ignored, serve formal notice. After 8 days, any co-owner can convoke the meeting with 15 days' notice.
Ceci est une information juridique générale, et non un conseil juridique. Pour un conseil adapté à votre situation, consultez un avocat inscrit au barreau au Maroc.