You have clear remedies. The ordinary general meeting must be held at least once a year, within a period not exceeding thirty (30) days after the end of the current year (art. 16 ter), and it is the syndic who must convene it.
If the syndic fails to do so, here is the procedure to follow (art. 16 quater):
- Collective request: one third (1/3) of the co-owners may send the syndic a request specifying the items to be placed on the agenda.
- Formal notice: if the syndic does not respond, you serve a formal notice (mise en demeure) by registered letter with acknowledgment of receipt, through a bailiff, or by any other legal means of notification.
- Convocation by a single co-owner: upon the expiry of an eight (8) day period from this formal notice that has gone unanswered, the general meeting may be held upon the convocation of a single co-owner, under the conditions of article 16 quinquies.
Do not forget that the convocation must then respect the fifteen (15) day notice period before the meeting and indicate the place, date, time, and agenda (art. 16 quinquies). By following these steps, you can break the deadlock without waiting for the syndic's goodwill.
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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.
+−Can a neighbor convert hallway to private space?
No. Converting a shared hallway to private space requires unanimous agreement from all co-owners and is prohibited for common areas like corridors and stairs.
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.
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