Co-ownership in Morocco: The Syndic, General Meetings and Unpaid Service Charges

Gated residences, apartment buildings and seaside complexes have multiplied in Agadir, Inezgane and along the coast. With them come the questions of co-ownership: who runs the lift, the pool, the security? How are decisions taken? What can be done when a neighbour does not pay service charges or alters a terrace without permission? The law on the co-ownership of buildings, reformed in 2016, provides precise answers.

Private parts and common parts

A co-owned building is divided into lots. Each lot comprises a private part (the flat, shop or parking space) and a share of the common parts: the land, structure, façades, roof, stairs, lifts, gardens, pool and shared pipes. This share determines in particular each owner’s contribution to charges and voting weight.

The co-ownership rules

Co-ownership rules (règlement de copropriété) are mandatory. They describe the private and common parts, set the building’s purpose, how charges are divided and the rules of communal living. Before buying in a residence, read them carefully: they may prohibit certain uses (commercial activity, holiday lets) or restrict changes to the exterior. See buying property in Agadir.

The owners’ association and the syndic

All the co-owners together form the owners’ association (syndicat des copropriétaires), which has legal personality. It is responsible for preserving the building and managing the common parts. Its decisions are taken at the general meeting and carried out by the syndic, who may be a co-owner or a professional, elected by the meeting.

The syndic keeps the accounts, collects charges, arranges maintenance, takes out the necessary insurance and represents the association in court. The syndic must account to the general meeting.

The general meeting

The general meeting is held at least once a year, in particular to approve the accounts and budget. Decisions are taken by majorities that vary with their importance: day-to-day management, works, amending the rules. A decision taken irregularly can be challenged in court within the period set by law. Absent or dissenting owners should act quickly.

Works

• Works on the common parts are decided by the general meeting.
• Private works that affect the common parts or the exterior (enclosing a balcony, building on a terrace, opening a load-bearing wall) require authorisation. Otherwise, the association can demand that things be put back as they were.

Unpaid service charges

Unpaid charges are the leading cause of disputes in residences. They penalise all owners: a lift out of service, security cut, the pool closed. The law gives the association means of recovery:

1. reminders and formal notice from the syndic;
2. a payment order or a claim for payment before the court;
3. security attached to the defaulting owner’s lot, under the conditions set by law, and enforcement.

For debt recovery techniques in general, see how to recover a debt in Morocco.

Disputes between neighbours

Noise, leaks, parking, use of common areas, disruptive holiday lets: many disputes can be settled by the co-ownership rules and mediation by the syndic. When that is not enough, the Court of First Instance has jurisdiction, for example in Agadir or Inezgane.

A worked example

In a residence in Agadir, several owners living abroad have not paid their charges for two years, and the pool is at risk of closing. The syndic, with a lawyer’s help, has the accounts approved at the general meeting, sends formal notices to the debtors and then starts recovery proceedings. Most settle by means of a payment plan; for the others, the judgment obtained allows enforcement against their lots. The residence gets back to a balanced budget. This simplified example shows the importance of rigorous management and regular general meetings.

Key takeaways

• Each lot comprises a private part and a share of the common parts, which determines charges and votes.
• Co-ownership rules are mandatory: read them before buying in a residence.
• Decisions are taken at the general meeting, at least once a year, and carried out by the syndic.
• Works affecting the common parts or the façade require authorisation.
• Against unpaid charges, the association has formal notices, payment orders and security over the lot.
• An irregular general meeting decision can be challenged in court, within a short time limit.

Frequently asked questions

Does a tenant have to pay the service charges?

As far as the association is concerned, the owner is liable. The lease may provide for certain charges to be passed on to the tenant.

Can the syndic be replaced?

Yes, the general meeting can appoint a new syndic under the conditions set by law and the rules.

A lawyer for your co-ownership

The office of Maître Said Laachili advises syndics, owners’ associations and co-owners in Agadir, Inezgane and Ait Melloul: co-ownership rules, general meetings, recovery of charges, unauthorised works and disputes, as part of its real estate law practice. If you let your flat, also read unpaid rent and eviction. A co-ownership dispute? Contact the office.