The syndic has effective tools. The syndic recovers the contributions due and needs no prior authorization from the general meeting to claim them in court (art. 25).
Here is the mechanism:
- Formal notice: in case of non-payment when due, a formal notice is sent by registered letter with acknowledgment of receipt. If it remains unsuccessful for more than thirty days, the other installments not yet due become immediately payable (art. 25).
- Order for payment: if the co-owner does not respond, the syndic initiates the order-for-payment procedure (art. 25 bis). The president of the court of first instance issues it on the basis of the minutes of the general meeting approving the charges, the debtor's account statement approved by the syndic, the certificate of ownership, and the proof of formal notice. This order carries provisional enforcement. The president must rule within a period not exceeding three (3) months (art. 36 bis).
- Guarantees: the association's claims benefit from a forced mortgage on the private area and the debtor's share (art. 40), as well as a lien on the movables and the rental value (art. 41).
Mind the time limit: these claims are time-barred after five (5) years from their approval by the general meeting (art. 43).
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Autres questions posées par les lecteurs
Sous-questions regroupées par notre recherche — chacune renvoie vers sa réponse complète de niveau B/C.
+−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.
+−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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