Problems with the syndic in Morocco
co-owner rights and remedies under law 106-12

1. Pinpoint the failure precisely

Before turning to litigation, the breach must be named precisely. The most frequent syndic failures in Morocco:

• No annual general meeting — none called for 18 or 24 months
• No accounts — no annual balance sheet, no closing of accounts, no management report
• Refusal to communicate — does not respond to the syndic council's requests, refuses access to accounting records
• Voted works not carried out — a general meeting decision taken 6 or 12 months ago with no follow-up
• Poor financial management — erratic calls for funds, unpaid invoices, suppliers threatening to cut services
• Conflicts of interest — firms billing the co-ownership owned by a relative of the syndic, hidden margins
• Misappropriation — sums collected not paid into the union account, falsified accounting records

The escalation of remedies must be proportionate. A simple delay in calling a general meeting does not call for the same response as proven misappropriation.

2. Level 1 remedy — the syndic council

The syndic council is the organic interface between the co-owners and the syndic. Since law 106-12, it has a broad right of access to documents (account statements, invoices, contracts, correspondence) and a power to issue warnings. First action: a letter from the chair of the syndic council to the syndic, recalling the obligations, setting a deadline, and warning of what follows.

If the syndic responds and corrects, the matter is closed. If it ignores the request or responds evasively, you must move to the formal notice. Many problems are settled at this level because the syndic understands that the co-owners are organised.

3. Level 2 remedy — the formal notice

The formal notice is mandatory before any legal action — it is the evidence that the syndic was warned and did not put things right. Form: registered letter with acknowledgment of receipt, or bailiff's deed. Content:

• A precise, itemised list of the breaches (references to general meeting minutes, dates, articles of law 106-12)
• A reasonable deadline to put things right (15 to 30 days)
• A list of the contemplated next steps in case of non-compliance (extraordinary general meeting of revocation, summary proceedings, criminal complaint where appropriate)
• Signed by the chair of the syndic council or a sufficient number of co-owners

4. Level 3 remedy — the extraordinary general meeting of revocation

If the syndic persists, the most direct and least costly route is to call an extraordinary general meeting to revoke it and appoint a replacement. Law 106-12 allows a quarter of the co-owners representing a quarter of the shares to call the general meeting themselves if the syndic refuses to do so.

The agenda then carries two resolutions: (1) revocation of the syndic in office for fault (with reasons detailed in the minutes), (2) appointment of a new syndic (presentation of candidates, proposed contract). A simple majority vote suffices. The revocation minutes are notified to the revoked syndic and are enforceable against third parties (banks, suppliers, tenants).

5. Level 4 remedy — the ad hoc agent

When the general meeting cannot be held (the syndic prevents it, the co-owners are divided, the quorum is not met), any co-owner can apply to the president of the court of first instance through summary proceedings to request the appointment of an ad hoc agent. The agent — often a chartered accountant or a judicial administrator — has a precise and limited mission: to call the general meeting, chair the session, verify the accounts.

It is an intermediate measure: the syndic is not removed, a trusted third party is added to it to unblock a situation. Time to obtain the order: 4 to 8 weeks. Cost: 5,000 to 15,000 MAD depending on the mission.

6. Level 5 remedy — the provisional court-appointed syndic

The ultimate route: requesting, through summary proceedings, the appointment of a provisional court-appointed syndic that fully replaces the failing one. This procedure applies when:

• The syndic has resigned, died, or disappeared leaving no successor
• The syndic is the subject of criminal proceedings
• The co-ownership is paralysed — no general meeting possible, no management possible
• There is an imminent financial or structural peril

The court-appointed syndic takes on all management duties until a regular general meeting can appoint a definitive syndic (generally 6 to 12 months). Cost: high (15,000 to 50,000 MAD for the procedure and the initial mission), but it is often the only way to save a co-ownership in distress.

7. Engaging the syndic's liability

Beyond replacement, the failing syndic can be pursued in liability. Three routes:

• Civil liability (Code of Obligations and Contracts, mandate) — repair of the loss caused by its management fault (late-payment interest paid to a supplier, the extra cost of poorly negotiated works). Action before the court of first instance, 5-year limitation period
• Criminal liability in case of breach of trust or misappropriation (articles 547 et seq. of the Penal Code) — complaint to the public prosecutor, investigation, criminal hearing
• Action on the professional liability insurance for professional syndics — if the professional liability insurer is put on notice, it is additional pressure that accelerates regularisation

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