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Condominium · Law 30-24 · Co-owners' rights

Convene the general assembly without the syndic
the right Law 30-24 provides

How many condominiums stay paralysed because the syndic never calls the assembly? Law 30-24, passed unanimously on 9 July 2024 and awaiting promulgation, will change the game: one or more co-owners will be able to convene the general assembly themselves, by any legal means or via a bailiff, with 15 days' notice stating the date, time, place and agenda. For as long as the text is not published, it is not in force: as things stand, the applicable regime remains Law 18-00 as amended by Law 106-12.

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Bottom line:once Law 30-24 is promulgated, the building will no longer be hostage to a syndic who refuses to call the assembly. One or more co-owners will be able to convene the general assembly themselves, by any legal means or via a bailiff, with 15 days' notice stating date, time, place and agenda. A powerful right — provided it is exercised with the rigour of a professional syndic. Until promulgation, the applicable regime remains Law 18-00 as amended by Law 106-12.

1. The framework: 18-00, 106-12, then 30-24

Three statutes structure the condominium of built properties in Morocco. Law 18-00 is the founding framework. Law 106-12 (2016) amended and supplemented it, notably on the organisation of general assemblies and the bodies of the condominium (syndic, syndical council). Finally Law 30-24, passed unanimously on 9 July 2024 but not promulgated to date, will in turn amend Law 18-00 to streamline the collective life of the building and reinforce transparency. Until it is published, only the 18-00 / 106-12 bedrock applies.

Among its verified contributions is the one of interest here: the possibility, for one or more co-owners, to convene the general assembly. It is a discreet measure on paper, but decisive in practice: it unblocks condominiums held hostage by an inactive syndic.

2. What the new rule says

Concretely, Law 30-24 will open the convocation of the general assembly to the co-owners themselves. Three elements structure this right as the text writes it:

  • Who will be able to convene? One or more co-owners. Convocation will therefore no longer be the prerogative of the syndic alone.
  • By what means? By any legal means or via a bailiff. Using a bailiff is particularly valuable in conflictual condominiums, where proof of the convocation will be scrutinised.
  • With what notice and content? A notice period of 15 days, and a convocation stating the date, time, place and agenda of the assembly.

This is the classic requirement of a proper convocation: sufficient notice, a precise agenda, and a method of convocation whose sending can be proven. Law 30-24 will not change this grammar; it will simply widen the circle of those who can trigger it.

3. Why this right will change everything: escaping inertia

Today still, a co-owner facing a syndic who never calls the assembly is often left without a simple lever: impossible to vote urgent works, approve accounts, renew or remove the syndic itself. The building runs at half speed, decisions pile up, and so does the discontent.

By giving co-owners the power to convene the assembly, Law 30-24 will remove the syndic's monopoly over the agenda. A defaulting syndic will no longer be able to freeze the life of the condominium through inaction alone. It is a profound shift in balance: the community will regain control over its own functioning.

4. When to use this right

Convocation by co-owners will not be an everyday tool: it is a remedy, to be used when the normal channel is blocked. The typical cases the text has in view:

  • Syndic absent or unreachable, failing to call the annual assembly even though the financial year closed months ago.
  • Urgent decision blocked: necessary works on common areas, a loss to handle, a contract to renew — and no one to convene the session that would allow a vote.
  • Accounts never submitted for the assembly's approval, preventing any control over management.
  • Will to renew or remove the syndic, when the latter — precisely — has no interest in calling an assembly that could dismiss it.
  • Blocking conflict between co-owners, or between a group and the syndic, paralysing all collective decision-making.

5. How to exercise it properly, step by step

The strength of convocation by co-owners will lie in its regularity. A sloppy convocation weakens every decision that flows from it. The prudent method, once the text is in force:

  • Step 1 — Frame the agenda. Draft a precise agenda, point by point (approval of the accounts of a given year, vote on specific works with quotes, renewal or removal of the syndic, election of the syndical council). Method reminder: no decision can be validly taken on a point not listed on the agenda.
  • Step 2 — Gather the materials. Attach the documents useful to the decision (draft resolutions, quotes, statement of available accounts). The better documented the assembly, the harder its votes will be to challenge.
  • Step 3 — Convene in proper form. Send the convocation to all co-owners, by any legal means or via a bailiff, respecting the 15 days' notice and stating date, time, place and agenda. Keep proof of sending to each one.
  • Step 4 — Hold the session by the rules. Attendance sheet, calculation of majorities in shares according to the nature of the decisions, careful minutes. The applicable majority thresholds depend on the type of decision.
  • Step 5 — Notify the decisions. Do not forget the aftermath: Law 30-24 provides for notification of decisions within 8 days with delivery of the minutes, which will start the challenge deadline.

For the exact computation of the notice period, the conditions of proof and the majorities applicable to your specific situation, have the process validated by a lawyer or a professional syndic: these matters fall under the regulations in force and the condominium bylaws.

6. Pitfalls to avoid

  • Forgetting a co-owner. A convocation not sent to one of them is a classic source of weakness for the assembly. Convene everyone, without exception.
  • Notice too short. Below the 15 days the text provides, the convocation would be irregular. Build in a safety margin.
  • Vague agenda. An overly general wording ("financial matters", "miscellaneous works") exposes decisions to annulment. Be precise and quantified.
  • No proof of convocation. Without a trace of sending to each co-owner, regularity becomes impossible to demonstrate — hence the value of a bailiff in a conflictual context.
  • Neglecting the aftermath. Holding the assembly is not enough: without notification of decisions and delivery of the minutes on time, the benefit of the initiative is compromised.

7. A right that fits within a coherent whole

Convocation by co-owners will not stand alone. It will work alongside the other contributions of the text as passed, all oriented towards a more transparent condominium, less captive to an inert syndic:

  • Convocation of the assembly by co-owners — the subject of this article: regaining control over the holding of assemblies.
  • Prior conciliation. Law 30-24 will amend Article 13 of Law 18-00 to require an attempt at prior conciliation before any legal action by the syndic — unpaid charges, unauthorised works, abusive use of common areas, breaches of the bylaws — and that attempt will have to be documented. The text does not set deadlines or detailed terms on this point.
  • Notification of decisions within 8 days + delivery of the minutes, which will secure co-owners' information and fix the starting point of the challenge deadline.

Three levers, one philosophy: that decisions can be triggered, that information circulates quickly and in writing, and that conflicts first go through discussion. On the day of promulgation, the co-owner will cease to be a spectator of the management of their own building.

Where an independent appraisal helps

When a decision to be voted — or already taken — affects the value or use of a lot (heavy works, charge allocation, impairment of common areas), an independent valuation by our RICS-certified experts quantifies the stake to inform the vote or support an amicable negotiation. Report in 5 to 8 days (48-72 h express), from 3,500 MAD excl. tax, firm quote within 24 h.

To document the stake of an assembly decision on your lot, get a valuation from our independent RICS appraisal service, explore our condominium advisory service, or browse more analyses on the ReaConsult blog. This article is informative; have your situation validated by a lawyer or a professional syndic.

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