1. The framework: three stacked laws, one 2024 reform
The co-ownership of built buildings in Morocco rests on law 18-00, the founding text. It was amended and supplemented by law 106-12 in 2016. Then came law 30-24, which amends 18-00 again and was adopted unanimously on 9 July 2024. It is this last one that concerns us here, and more precisely its amendment of article 13.
Here, we focus on a single thing: the new obligation to attempt a conciliation before going to court.
2. What the amendment of article 13 (really) says
The contribution is simple to state and heavy in practical consequences: any legal action by the managing agent must be preceded by an attempt at conciliation. Until this attempt has taken place — and is documented — the action is inadmissible. The judge may dismiss the claim without even examining it on the merits.
Prior conciliation covers, according to the text, the main day-to-day disputes of a condominium:
- Unpaid charges — the most frequent ground of dispute.
- Unauthorised works carried out by a co-owner.
- Misuse of the common areas.
- Breaches of the condominium bylaws.
An essential point not to over-interpret: the text does not set deadlines or detailed terms of the conciliation. It lays down the principle, not the procedure. Be wary, therefore, of any source announcing a precise numeric deadline: on this point, prudence commands sticking to what the law says, and documenting a serious attempt rather than ticking a formal box.
3. Why this reform, and what it changes concretely
The spirit is clear: to relieve the courts and favour amicable settlement. Too many condominium disputes — often for modest amounts — ended up directly in court, where a framed discussion would have sufficed. By conditioning judicial action on an attempt at conciliation, the legislator forces a step of dialogue.
For the managing agent, the « unpaid charge → summons » reflex is over. There must now be a sequence: a traced attempt at conciliation, then — only if it fails — seizing the judge. For the debtor or conflicting co-owner, it is an additional window to regularise before litigation. For the syndical council, it is a point of vigilance: to verify that the managing agent respects this step before incurring procedural costs on behalf of the union.
The reflex to remember: document, do not improvise
Since the law does not set the terms, it is traceability that protects the managing agent. Keep the proof of the convocation to the conciliation (by any legal means, or even by bailiff), the precise subject of the dispute, and minutes recording the attempt and its outcome (agreement, failure, absence of the co-owner). It is this file that will make the action admissible if the conciliation fails. Conversely, an oral, untraced step exposes you to inadmissibility — that is, to having to start all over again after months lost.
4. Prior conciliation and the recovery of charges: the articulation
This is where practice plays out. The recovery of charges relies on solid guarantees arising from 18-00 and 106-12, which law 30-24 does not remove:
- The union privilege and the forced mortgage that secure the charges claim.
- The 5-year prescription for the recovery of charges.
- The formal notice and the recovery procedure.
What 30-24 changes is the order of the judicial operations: the claim and its guarantees still exist, but their implementation before the judge now passes through the conciliation stage. Concretely, the managing agent facing an unpaid charge must integrate this step into their sequence before activating litigation.
5. Conciliation in the ecosystem of the 30-24 reform
Prior conciliation does not live alone: law 30-24 has strengthened, in parallel, the place of the co-owners and the transparency of the union's life. Two verified contributions deserve to be known, because they feed the same logic of dialogue before conflict:
- The convocation of the general assembly by one or more co-owners, by any legal means or by bailiff, with a 15-day notice stating date, time, place and agenda. Co-owners no longer depend entirely on the managing agent's initiative to have a question decided at the assembly.
- The notification of assembly decisions within 8 days, together with the delivery of the minutes.
The overall coherence is clear: more levers are given to co-owners upstream (to convene, to be informed) and a chamber of dialogue is imposed downstream (conciliation) before the union turns to the judge.
6. And when the conciliation fails? The tools that remain
Conciliation is an attempt, not an obligation of result. If it fails — agreement refused, co-owner absent, irreconcilable position —, the judicial route reopens, with the conciliation file in support. The tools of 18-00 and 106-12 remain available, notably the provisional administrator (law 106-12, summary proceedings) in the event of a management deadlock.
Important: these steps fall under the judicial procedure, where it is the judge who decides and who, where relevant, appoints an expert. A technical note or a private valuation commissioned by the union serves to frame the file, quantify a loss or objectify a situation upstream — it helps you support your position with third parties. The distinction is exactly the same as in matters of recourse against a managing agent.
7. Expertise in the service of conciliation: objectify to reach agreement
A successful conciliation often rests on quantified and neutral facts that both parties can accept. This is precisely where an independent real estate valuation in Morocco brings value, in two typical cases:
- Unauthorised works or damage to common areas: quantifying the cost of reinstatement or the loss of value in a documented report, to turn a disagreement of appreciation into an amount that can be discussed around the table.
- Misuse or enjoyment of a common area: objectifying the scale and impact, rather than pitting two feelings against each other.
An independent valuation report compliant with RICS (Red Book) standards — condition observed, surfaces verified, explicit methodology, comparables documented — gives the conciliation a factual basis that few parties challenge in good faith. Carried out by RICS-certified experts, it is delivered in 5 to 8 days (48-72 h express), from 3,500 MAD excl. tax, firm quote within 24 h. At this amicable stage, the goal is not the court: it is to give the parties something on which to decide and negotiate.
8. FAQ
Does prior conciliation apply to all actions by the managing agent?
Law 30-24 requires the attempt at conciliation before the managing agent's legal action, targeting in particular unpaid charges, unauthorised works, misuse of common areas and breaches of the bylaws. The text does not detail each case: in practice, integrate conciliation by default and confirm with a lawyer or professional managing agent for your precise situation.
What proof of conciliation must be kept?
Since the law does not set the terms, keep everything that establishes a serious and traced attempt: convocation to the conciliation (by any legal means or by bailiff), subject of the dispute, and minutes recording the attempt and its outcome. It is this file that makes the action admissible if the conciliation fails.
Can a co-owner invoke the absence of conciliation to have the action dismissed?
Yes. If the managing agent seizes the court without a documented attempt at conciliation, the action is inadmissible: the co-owner may raise it and the judge may dismiss the claim without examining it on the merits. Hence the importance, for the managing agent and the syndical council, of verifying the step before incurring costs.
Did law 30-24 remove the union privilege or the forced mortgage?
No. The union privilege, the forced mortgage and the 5-year prescription for charges, arising from law 18-00 and the 106-12 reform, remain. Prior conciliation adds a mandatory step upstream of litigation; it does not remove the recovery guarantees.
Is an expert valuation mandatory to conduct the conciliation?
No, no text requires it. But where the dispute concerns an amount or a loss (works, damage, misuse), an independent valuation report objectifies the discussion and facilitates amicable agreement. It is a negotiation tool that helps you support your position with third parties; in judicial matters, it is the judge who appoints the expert. Report in 5 to 8 days, from 3,500 MAD excl. tax, quote within 24 h.
A condominium dispute to objectify before conciliation?
RICS-certified experts — neutral quantification of works, damage or losses to support a conciliation and facilitate amicable agreement. Report in 5 to 8 days (48-72 h express), everywhere in Morocco. To go further on the legal framework, see our condominium advisory.
Note: Mandatory prior conciliation results from the amendment of article 13 of law 18-00 by law 30-24 (adopted unanimously on 9 July 2024). The text lays down the principle but does not set deadlines or detailed terms: for the concrete implementation of an attempt at conciliation or an action, consult a lawyer or a professional managing agent. A private valuation serves to objectify a dispute with a view to an amicable negotiation; in judicial procedure, it is the judge who appoints the expert. To document the value or a loss, book our independent RICS appraisal service or browse the ReaConsult blog.