1. The shared ownership principle
Law 18-00 (2002) defines condominium as a building divided into private units (apartments, shops, offices) held exclusively by each owner, and common areas (roof, facades, corridors, lifts, garden) held in proportional shares (tantièmes) by all owners together. The legal structure rests on the condominium rules (règlement de copropriété) registered at ANCFCC with the title.
2. The syndic role
The syndic is the elected or appointed representative of the condominium association (syndicat des copropriétaires). Duties include:
- Maintaining common areas — cleaning, security, gardens, lifts
- Collecting charges from owners
- Paying suppliers (utilities, insurance, maintenance)
- Calling the general assembly at least once a year
- Executing decisions voted by the assembly
- Representing the syndicate in legal matters
3. Charges & provisions
Condominium charges are split between:
- Ordinary charges — proportional to tantièmes (cleaning, lift, security, syndic fees)
- Special charges — tied to specific uses (ground floor retail pays no lift fee, etc.)
- Exceptional charges — voted for major works (roof replacement, facade renovation)
- Provision fund — reserves for future major works, voted by the assembly
4. Voting rules
General assembly decisions vary in quorum and majority:
- Simple majority — ordinary decisions (syndic appointment, annual budget)
- Absolute majority — routine works, security policies
- Qualified majority (3/4) — major works, facade alteration
- Unanimity — sale of common areas, change of building purpose
5. Valuation impact
For RICS valuers assessing an apartment:
- Condominium rules check — any restrictions on short-term rental, use, alterations
- Financial health of the syndic — outstanding charges, reserve fund, planned works
- Building condition — visible maintenance, recent assembly minutes, facade state
- Disputes — open litigation between owners
- Private vs. common areas — verify what's included in the title (private garden, parking, cellar)
A poorly managed condominium (no reserve fund, overdue major works, unpaid charges by multiple owners) can discount apartment values by 10-20% vs. a well-managed equivalent.
FAQ
Can I refuse to pay condominium charges?
No — charges voted by the assembly are enforceable. Non-payment leads to debt recovery proceedings by the syndic, and can result in priority lien on your apartment.
Who elects the syndic?
The general assembly of owners elects the syndic by simple majority. Mandate is typically 1-3 years, renewable.
What about short-term rentals (Airbnb)?
The condominium rules may restrict or prohibit short-term rentals. Check before buying if you plan to Airbnb. Some Marrakech and coastal condominiums explicitly allow tourism use; others prohibit it.
How to challenge an assembly decision?
Any owner opposed to a decision can file a challenge before the competent tribunal within 60 days. Grounds: procedural defects, violation of the condominium rules, abuse of majority.