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 Buy Off Plan Property in Morocco?
Off plan property in Morocco requires a formal preliminary contract, staged payments tied to construction, and a bank or insurance guarantee. Law 107-12 sets strict rules.
+−What Documents Do You Need to Buy an Apartment in Morocco?
Get co-ownership regulations, architectural & topographical plans, and a debt discharge receipt from the syndic before signing the apartment purchase deed.
+−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.