Co-ownership in Morocco: the syndic, the general assembly and charges (Law 18-00)
If you own an apartment, a commercial unit or a villa in a shared building in Morocco, you are covered by Law 18-00 on the status of co-ownership. This law applies to buildings divided into lots, each lot comprising a private portion and a share of the common areas (art. premier). It applies to both registered and unregistered buildings (art. premier). This guide explains the essentials: who decides, who manages, and how your charges are calculated.
Private portions and common areas
Your private portions are those you occupy and use alone, in full and exclusive ownership (art. 2). The common areas, by contrast, serve all the co-owners: foundations, load-bearing walls, the facade, stairways, elevators, entrances and waste-disposal rooms, for example (art. 4).
Your share of the common areas is in principle set according to the surface of your lot relative to all the lots in the building, unless the title deeds provide otherwise or the general assembly decides differently (art. 6). Importantly, you may not sell, mortgage or rent your divided portion independently of your undivided share (art. 7).
The co-ownership regulations: your reference document
Every building under co-ownership is governed by co-ownership regulations (art. 8). This document sets out, in particular, the use of the common areas, the rules for appointing the syndic, and the allocation of charges among co-owners (art. 9). In the absence of regulations, standard regulations apply (art. 8).
If you buy a lot, the seller must give you a copy of the regulations, the "ne varietur" architectural plans and the topographical plans; the deed of sale must state that you have read them (art. 11). On pain of nullity, any deed transferring ownership must be drawn up as an authenticated deed or as a deed of certain date prepared by an accredited professional (art. 12).
The syndicate of co-owners
From the registration of the first transfer, all co-owners are automatically grouped into a syndicate that has legal personality (art. 13). You are automatically a member of it and required to take part in votes (art. 14). The syndicate's mission is to preserve, maintain and administer the common areas (art. 13). It is administered by a general assembly and managed by a syndic and a deputy syndic (art. 13).
The general assembly: where decisions are made
The ordinary general assembly meets at least once a year, within thirty days of the end of the year (art. 16 ter). You must be summoned by registered letter with acknowledgement of receipt, by bailiff, or by any lawful means, at least fifteen days before the meeting (art. 16 quinquies). If the syndic does not convene the assembly, one third of the co-owners may request that it do so (art. 16 quater).
You have a number of votes corresponding to your share (art. 16 decies). You may give a written mandate to a third party, who may not, however, represent more than three co-owners (art. 16 decies). Note: if you have not paid your charges, your attendance at the meeting may be refused (art. 16 quinquies).
The meeting is valid if at least half of the co-owners are present or represented; otherwise, a second meeting is held within thirty days and decides regardless of the number of those present (art. 18).
The majorities to know
Not all decisions are taken by the same majority:
- Relative majority of those present or represented: routine maintenance of the building, appointment of the caretaker, installation of shared antennas (art. 20).
- Three-quarters majority: amendment of the regulations, appointment or removal of the syndic, approval of the budget and setting of charges, major maintenance works, collective insurance (art. 21).
- Unanimity: adding a storey, erecting a new building, converting common areas into private portions, total demolition (art. 22).
The assembly can never compel you to change the purpose or use of your private portion (art. 23).
The syndic and the deputy syndic
The syndic is appointed by the general assembly by a three-quarters majority of votes, for a renewable two-year term (art. 19). The syndic may be a co-owner, a third party or a property-management professional (art. 19).
Its main duties: enforcing the co-ownership regulations, collecting charges against receipt, keeping accounts, opening a bank account in the syndicate's name, and representing the syndicate in court (art. 26). The syndic must inform you of the cash position at least every six months (art. 26). In the event of the syndic's death, removal or resignation, the deputy syndic exercises the same powers (art. 27).
Charges: what you have to pay
You are required to contribute to the charges for preserving, maintaining and managing the common areas, as well as to collective services according to their usefulness for your lot (art. 36). Each year, the assembly votes on a provisional budget and a provision for major works; you pay instalments due, in principle, on the first day of each quarter (art. 24).
A reserve account may be created for unusual or urgent expenses, funded by additional contributions (art. 37 bis). In an emergency, the syndic may use this account provided it informs you in writing (art. 37 bis).
If you do not pay
The syndic recovers charges without prior authorization from the assembly and may take legal action (art. 25). After a formal notice that goes unanswered for more than thirty days, the instalments not yet due become immediately payable (art. 25) and the syndic may initiate an order-to-pay procedure (art. 25 bis). The syndicate's claims even benefit from a forced mortgage on your lot (art. 40). Conversely, these claims are time-barred after five years from their approval by the assembly (art. 43).
Challenging a decision
If you believe you are paying more than your due, you may bring the matter before the competent court to request a review (art. 38). More broadly, the court of first instance of the building's location has jurisdiction over any dispute relating to the law (art. 59 undecies). Appeals against a decision of the general assembly must be brought within two months from their notification, on pain of being time-barred (art. 59 duodecies).