1. The condominium bylaws: a founding contract
The condominium bylaws are the document that governs relations between co-owners of the same built building. In Morocco, law 18-00 constitutes the founding framework of the condominium ownership of built buildings; it was amended and supplemented by law 106-12 in 2016. The bylaws translate these principles into the particular case of your building: they describe its substance, organise collective life and allocate rights and obligations.
Concretely, it is the bylaws that answer the everyday questions: is the top-floor terrace private or common? Who pays for the lift if the ground floor does not use it? How many votes does my lot carry in the assembly? Well-drafted bylaws prevent disputes; incomplete bylaws nourish them. That is also why their subsequent amendment obeys strict rules.
2. The purpose of the building
First structuring clause: the purpose of the building. The bylaws specify whether the building is for residential, mixed (residential + commercial) or exclusively professional use. This purpose is not a mere statement of principle: it frames the use that each co-owner can make of their lot.
A lot located in a strictly residential building cannot, for example, be freely converted into a noisy business premises without clashing with the bylaws. The change of use of a lot must always be read in the light of the purpose stated in the bylaws.
3. The division into lots and the descriptive statement
The bylaws describe the division of the building into lots. Each lot — apartment, shop, office, parking space, cellar — is identified, located and attached to an ownership share in the common areas. This descriptive inventory is the foundation of everything else: one cannot allocate charges or count votes without knowing, precisely, what each co-owner owns.
A good descriptive statement avoids grey areas: it indicates the areas, the levels, the annexes (numbered parking space, box, cellar) and the elements attached to each lot. It is this document that a buyer must confront with the physical reality of the property before signing — a discrepancy between the bylaws and the ground is a warning signal.
4. Common areas / private areas: the key boundary
This is the distinction with the heaviest consequences. The bylaws must list precisely what falls into each category:
- Private areas: exclusive property of a co-owner — the interior of their lot, which they use and enjoy freely within the limits of the bylaws.
- Common areas: allocated to the use of all — the ground, structural works, foundations, stairwell, lift, roof terrace, networks, technical premises, green spaces.
- Common areas with exclusive enjoyment: common elements whose use is reserved for one lot (a terrace accessible from a single apartment, for example). Ownership remains collective, but enjoyment is private — a hybrid status.
This boundary governs two things: who decides (works on a common area fall to the assembly, not the co-owner) and who pays. A poorly qualified common area is an assured dispute the day of a roof repair or a facade renovation.
5. Ownership shares: proportional to relative value
The bylaws allocate to each lot an ownership share (thousandths) in the common areas. Under law 18-00, this share is set proportionally to the relative value of each lot compared to the whole — and not only pro rata to gross area. The usable area, the floor, the orientation, the particular equipment and the use of the lot are taken into account.
The stake is twofold: the ownership share determines both the weight of votes in the assembly and the share of charges borne. A botched allocation — often originally set at the simple pro rata of area — under-weights premium lots and over-weights standard floors, and lastingly distorts the balance of the condominium.
💡 Quantify the impact of an allocation on the value of a lot
An ownership-share or charge allocation that is unfavourable to your lot weighs directly on its value. Our condominium advisory and our independent appraisal document the impact of an allocation on the value of a lot in a report compliant with RICS (Red Book) standards. From MAD 3,500 excl. tax, report within 5 to 8 days (48-72 h express), firm quote within 24 h.
6. The allocation of charges and their recovery
The bylaws organise the allocation of charges between co-owners and the arrangements for their recovery. In practice, charges generally follow the ownership shares, but the bylaws may provide specific keys for services that do not benefit everyone (a ground-floor co-owner and the lift, for example).
The bylaws also specify the rhythm of fund calls, the fate of unpaid amounts and the articulation between owner and tenant for recoverable charges. On the recovery side, the syndicate has tools provided by law (syndicate's lien, forced mortgage, five-year prescription). For a buyer, neglecting the history of charges is a classic hidden cost.
7. The organs of the syndicate: general assembly, syndic, syndical council
Finally, the bylaws organise the governance of the condominium, within the framework set by law 18-00 and law 106-12:
- The general assembly — the sovereign organ that votes decisions according to majority rules that vary with the nature of the decision.
- The syndic — executes the assembly's decisions, manages the building day to day and represents the syndicate.
- The syndical council (article 29 of law 18-00) — assists and supervises the syndic, in particular in housing complexes and gated residences.
The bylaws may specify the composition, term and powers of these organs, within the limits of the law. For the detailed arrangements of convocation, notice and notification of decisions — points on which law 30-24, adopted unanimously on 9 July 2024, brought clarifications — consult a syndic or a specialised lawyer.
8. Enforceability: publication at the ANCFCC
Bylaws have force vis-à-vis successive buyers only if they are enforceable. Under law 18-00, the bylaws are enforceable against all successive co-owners once they have been duly published at the land registry (ANCFCC), in principle with the first sale deed. Any subsequent amending deed must also be published to take effect with regard to future buyers.
Practical consequence for a buyer: you take the building with its bylaws in force. Request a copy, read the purpose, the list of common areas, your ownership share and the charges schedule before signing. Bylaws that are absent, untraceable or divergent from the reality of the property justify an in-depth check.
9. FAQ
What is the mandatory content of condominium bylaws in Morocco?
The bylaws, framed by law 18-00 (amended and supplemented by law 106-12), set the purpose of the building, the distinction between common and private areas, the division into lots and the ownership shares, the rules of use, the allocation of charges and the operation of the syndicate (general assembly, syndic, syndical council). For the detail specific to your building, have it validated by a notary, an adoul or a specialised lawyer.
What is the difference between common and private areas?
Private areas are the exclusive property of a co-owner (the interior of the lot); common areas are allocated to the use of all (the ground, structural works, stairs, lift, roof, networks, green spaces). The bylaws must list them precisely, because this boundary governs who decides and who pays for each element.
How are ownership shares set in the bylaws?
Under law 18-00, the share of each lot is set proportionally to its relative value compared to the whole — not only pro rata to area. Usable area, floor, orientation, equipment and use are taken into account. A poorly calculated allocation lastingly distorts the weight of votes and the share of charges.
Are the condominium bylaws enforceable against a new buyer?
Yes: under law 18-00, the bylaws are enforceable against successive co-owners once they have been duly published at the land registry (ANCFCC). A buyer takes the building with its bylaws in force — hence the importance of requesting a copy and reading it before signing.
What if the bylaws are incomplete, old or ambiguous?
Incomplete bylaws are a source of disputes. They can be amended in assembly according to majority rules that depend on the nature of the clause, the amending deed then being published at the ANCFCC. Have the project framed by a professional; to quantify the impact of an allocation on the value of a lot, an independent appraisal compliant with RICS (Red Book) standards provides a documented basis.
Bylaws, an ownership share or charges to clarify?
RICS-certified experts — an independent report to quantify the impact of an allocation of ownership shares or charges on the value of a lot, within 5 to 8 days (48-72 h express). From MAD 3,500 excl. tax, everywhere in Morocco.
Note: The condominium ownership of built buildings in Morocco is governed by law 18-00, amended and supplemented by law 106-12 (2016) and then by law 30-24 (adopted unanimously on 9 July 2024). The exact content of bylaws and the applicable majorities depend on each building and on the law in force: have your situation validated by a notary, an adoul, a professional syndic or a specialised lawyer. To document the value of a lot or the impact of a charge allocation, see our real estate appraisal page or the blog.