Contesting a condominium GA decision in Morocco
An absent, dissenting, or opposed co-owner has an annulment action before court. Grounds are numerous but deadlines strict. Law 18-00 modified by Law 106-12, Cassation doctrine, step-by-step procedure.
Annulment action open to co-owners who voted against, were absent without representation, abstained, or weren't regularly convened.
Seven principal nullity grounds
(1) Irregular convocation — notice delay, sending mode, content. (2) Insufficient quorum — GA can validly deliberate only if quorum required by law or bylaws is reached. (3) Majority not respected — each decision category requires precise majority. (4) Ultra vires agenda — GA can deliberate only on points listed in agenda. (5) Decision contrary to bylaws — bylaws are the law between co-owners. (6) Abuse of majority — majority cannot impose on minorities a decision contrary to collective interest and taken in sole interest of majority. (7) Vote contrary to law — decision contrary to public order text is null.
Annulment action deadlines
Deadlines vary by vice nature: Procedural vice (convocation, quorum, agenda, majority) — action must be brought within relatively short delay from PV notification or co-owner's knowledge. Practice advises acting within 2 months. Substance vice (bylaws contrariety, abuse, law contrariety) — common-law prescription delays (often 5 years, case-by-case verification).
Court procedure
Competent court: first instance court of property location. Petition by lawyer, vice exposition, total or partial annulment request. Evidence: convocation received, GA minutes, condominium bylaws, statutes, vote photocopies. Suspension summary proceedings possible — to suspend contested decision during substance instruction. Decision: total, partial annulment, or rejection. Recourse: appeal before Court of Appeal, then cassation.
Practical advice
Keep convocation received (mode, date) and minutes. Immediately request minutes and attendance register copy if absent. Vote against in advance when unable to attend — written mandate. Have your opposition noted in PV. Engage specialised lawyer quickly.
- Convocation regularity verified
- Quorum at decision time documented
- Required majority for decision category checked
- Decision within agenda scope
- Bylaws compliance verified
- Action filed within deadline
- Suspension summary proceedings considered
- Convocation not registered
- Quorum not properly counted
- Decision on point not in agenda
- Majority insufficient for decision nature
- Bylaws unilaterally interpreted
FAQ
What's the deadline to contest?
For procedural vices, practice is to act within 2 months. For substance vices, 5-year prescription applies. To avoid prescription issues, act immediately upon receiving the PV.
Can I obtain decision suspension while waiting for substance judgment?
Yes, via suspension summary proceedings before the substance court. Judge will weigh urgency and seriousness of grounds. Suspension is rare but possible.
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