Overview of Law 18-00
Law No. 18-00 of November 7, 2002, published in Official Bulletin No. 5054, is the main legal framework governing co-ownership of built properties in Morocco. It has been amended and supplemented by Law No. 19-08.
📋 Key points of Law 18-00:
- • Scope of application : Built properties divided into private and common areas.
- • Co-ownership regulations : Mandatory document defining the rights and obligations of each co-owner.
- • Syndicate of co-owners : Legal entity grouping all co-owners.
- • General assembly : Supreme deliberative body of the co-ownership.
- • Property manager : Agent responsible for managing the building.
- • Share quotas : Basis for distributing charges and voting rights.
The property manager: role and obligations
The property manager is the executive body of the co-ownership. They can be a volunteer co-owner or a professional. They are appointed by the general assembly for a fixed term.
Appointment conditions:
- • Appointed by the general assembly
- • Term of office set by the GA (usually 1 to 3 years)
- • Can be a co-owner or a professional
- • Can be dismissed by the GA at any time
- • Compensation is set by the GA
Property manager obligations:
- • Execute the decisions of the general assembly
- • Manage finances: budget, accounting, charge collection
- • Maintain common areas and ensure their preservation
- • Represent the syndicate in court and in civil acts
- • Call the general assembly at least once a year
🏠 Volunteer property manager
In Morocco, the majority of co-ownerships are managed by a volunteer property manager (elected co-owner). Law 19-08 strengthens financial transparency obligations, even for volunteer property managers.
Management bodies
Law 18-00 provides for three main bodies for co-ownership management:
🏛️ Co-ownership bodies:
- • Syndicate of co-owners : Legal entity grouping all co-owners. It acquires legal personality upon establishment of the co-ownership regulations.
- • General assembly : Supreme deliberative body. Meets at least once a year. Makes important decisions by vote according to the majorities provided by law.
- • Property manager : Executive body appointed by the GA. Ensures daily management of the building and execution of GA decisions.
- • Advisory board (optional) : Advisory body elected by the GA to assist and oversee the property manager. Recommended for large co-ownerships.
Each body has distinct prerogatives defined by law. The property manager cannot make decisions alone that fall under the GA's authority.
Private areas and common areas
The distinction between private areas and common areas is fundamental in co-ownership:
Common areas include in particular:
- Land, courtyards, gardens and access routes
- Structural work: foundations, load-bearing walls, roof
- Entrance halls, corridors, staircases and elevators
- Main pipes (water, electricity, sanitation)
- Common service premises (caretaker's lodge, waste room)
⚠️ Warning
Any transformation of common areas requires authorization from the general assembly. Unauthorized works may be sanctioned.
General assembly and votes
The general assembly is the supreme decision-making body. Each co-owner has a number of votes proportional to their share quotas.
Voting majorities:
- • Simple majority (50%+1 of those present): routine decisions
- • Absolute majority (50%+1 of all co-owners): improvement works
- • Two-thirds majority: major works, change of property manager
- • Unanimity: modification of share quotas, change of purpose
Deadlines to respect:
- • Notice: minimum 15 days before the GA
- • Second notice (if no quorum): within 30 days
- • Sending of minutes: 30 days after the GA
- • Challenging decisions: 60 days after notification of the minutes
Charges and share quotas
Co-ownership charges are distributed according to the share quotas of each co-owner, as defined in the co-ownership regulations.
| Type of charges | Distribution | Examples |
|---|---|---|
| General charges | According to general share quotas | Security, cleaning, insurance, common area electricity |
| Special charges | According to objective usefulness for each lot | Elevator (by floor), collective heating |
| Voted works | According to share quotas, unless GA decides otherwise | Facade renovation, waterproofing, compliance upgrade |
| Reserve fund | According to general share quotas | Provision for future works (5-10% of budget recommended) |
Co-ownership regulations
The co-ownership regulations are a mandatory document defining the operating rules of the co-ownership. They must be drafted by a professional and registered with the Land Registry.
⚠️ Mandatory document
The absence of co-ownership regulations is a violation of Law 18-00. Every co-owned building must have registered regulations.
- Description of private and common areas
- Share quotas for each lot
- Rules for using common areas
- Operating rules for the syndicate and the GA
- Methods for distributing charges
- Provisions relating to works and modifications
💡 Good to know
Modifying the co-ownership regulations requires a two-thirds majority vote or unanimity depending on the provisions concerned.
Sanctions and disputes
Law 18-00, reinforced by Law 19-08, provides for sanctions in case of non-compliance with obligations:
⚖️ Violations and sanctions:
- • Non-payment of charges: legal action for recovery, possible late penalties.
- • Unauthorized works on common areas: restoration at the offender's expense.
- • Failure to hold the annual GA: any co-owner can petition the court to appoint a temporary administrator.
- • Absence of co-ownership regulations: fine and mandatory regularization.
- • Non-compliance with GA decisions: forced execution by judicial means.