Management of built buildings in Morocco, whether in Casablanca, Rabat or Marrakech, requires in-depth knowledge of the legislation. Law 18-00 has revolutionized the sector by providing clarity and protection to residents.
1. The Pillars of Condominium: Syndicate and Regulations
As soon as a building is registered in lots in Morocco, two fundamental entities appear:
- The Co-owners Syndicate: A legal entity regrouping all owners. Its purpose is the conservation of the building and the administration of the common parts.
- The Condominium Regulations: A mandatory document that defines the destination of the private and common parts, as well as the rules of life and the distribution of charges between the shares.
2. The Role of the Syndic in Morocco (Article 26)
The syndic is the executive body designated by the General Meeting. Its legal missions according to Law 18-00 include:
- Legal representation: It acts on behalf of the syndicate in court and in all civil acts.
- Financial management: Opening a mandatory separate bank account in the name of the syndicate (Art. 26), avoiding any confusion with the manager's personal funds.
- Maintenance: Ensuring the maintenance, hygiene and safety of the building (elevators, fire safety, cleaning).
- Recovery: Collecting charges and initiating recovery procedures against defaulting co-owners.
3. The General Meeting (GM) and Majorities
The GM is the sovereign body. Law 106-12 has provided crucial details on quorums and required majorities:
- Simple majority: For current management decisions and regular maintenance.
- 3/4 majority: For the appointment or removal of the syndic, or for major improvement works.
- Unanimity: For any decision affecting the modification of the share of common parts or the destination of the building.
4. Rights and Obligations of Co-owners
Each resident has exclusive rights to their private part (Article 2) but must imperatively respect the collective obligations:
- Pay common charges in proportion to their shares (deadlines set in GM).
- Do not harm the strength or aesthetics of the building (facades, balconies).
- Scrupulously respect the tranquility of the neighborhood and the rules of the condominium regulations.
Frequently Asked Questions (FAQ)
It can be a resident co-owner (volunteer syndic) or an external professional (natural or legal person specialized in real estate management).
The syndic can obtain an injunction to pay from the Court of First Instance. Moroccan law also provides for a legal mortgage on the lot of the defaulting co-owner for the benefit of the syndicate.
Yes, Article 26 of the amended Law 18-00 requires the opening of a bank account in the name of the syndicate of co-owners to guarantee the security of funds.
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