Unanimity is required. Converting a common area into a private area for private use is not an ordinary decision: it requires the agreement of all the co-owners (art. 22), not just a majority. The law classifies this operation among the most significant decisions, on the same level as constructing a new building, adding a story, excavating, or completely demolishing the building.
There is an important limit: this conversion is prohibited when it concerns the common areas listed in article 4 (for example the major structural works, the foundations, the load-bearing walls, the façade, the stairs, entrances, and corridors intended for common use, the common elevators). A hallway intended for common use falls precisely within these areas, which makes the operation very difficult, if not impossible.
Also bear in mind: the common areas and their accessory rights cannot be subject to division, seizure, or transfer independently of the private areas (art. 7). In other words, no one may appropriate a common area for themselves alone. If your neighbor acts without this unanimity, you may bring the matter before the court of first instance of the place where the co-ownership is located, which has jurisdiction over any dispute relating to this law (art. 59 undecies).
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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?
Force your syndic to call a general meeting by submitting a 1/3 co-owner request, then formal notice. After 8 days, any co-owner can convene 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.
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