Overview of Law 18-00
Law 18-00, enacted by Dahir No. 1-02-298 of 25 Rajab 1423 (October 3, 2002), constitutes the main legal framework governing co-ownership of built property in Morocco. It was supplemented by Law 106-12 enacted in 2016.
This law defines the operating rules for co-ownerships, the rights and obligations of co-owners, and management procedures by the property manager.
Fundamental Principles
Common and Private Areas
The law clearly distinguishes common areas (corridors, stairs, roof, garden) from private areas (apartments, commercial premises). Common areas are collectively managed by the co-owner syndicate.
The Co-owner Syndicate
All co-owners form the syndicate, which has legal personality. The syndicate is represented by the manager elected at the general meeting.
The Manager's Role
The manager is the executive body of the syndicate. Main duties:
- Execute general meeting decisions
- Administer and maintain the building
- Manage co-ownership finances
- Represent the syndicate in court
- Maintain the co-owner registry
The General Meeting
Notice
The GM must be called at least once a year. The notice must include the agenda, date, time, and location, sent at least 15 days before.
Quorum and Majority
Quorum is set at half the co-owners' votes (50%). If quorum isn't reached, a second GM can be held without quorum. Decisions are made by majority of votes present or represented.
Qualified Majority
Some decisions require a 3/4 majority: major works, regulation changes, manager changes.
Co-ownership Charges
Charges are distributed among co-owners according to their shares as defined in the co-ownership regulation. They cover:
- Regular maintenance of common areas
- Building insurance
- Services (security, cleaning, elevator)
- Reserve fund for major works
Compliance with Syndy
Syndy is designed to meet all Law 18-00 requirements: co-owner registry, compliant accounting, GM management with automatic quorum calculation, and document archiving.