Modifying condominium bylaws in Morocco
Condominium bylaws aren't set in stone — they can be modified, but per strict rules depending on modification nature. Law 18-00 modified by Law 106-12, required majorities, GA procedure, null clauses, enforceability.
The bylaws are the founding contract governing relations between co-owners. Published at land registry (ANCFCC) with first sale act, enforceable on all successive co-owners.
Four modification categories, four majorities
Minor modifications (editorial precisions, error corrections) — simple majority. Functioning modifications (access hours, GA frequency) — simple to qualified majority per existing bylaws. Charges distribution modifications (millièmes, distribution grid) — qualified majority typically three quarters of votes; practice often requires express agreement of co-owner whose charges significantly increase. Modifications affecting private rights or destination — unanimity (residential to mixed destination change, private part assignment change, exclusive enjoyment rights modification).
Modification procedure
(1) Initiative — syndic, syndical council, or co-owner representing at least one quarter of votes. (2) GA convocation with precise agenda indicating clauses to modify and proposed text. (3) GA deliberation per required majority. (4) Minutes detailed with vote mention and oppositions. (5) Modifying act drafted by notary or adoul. (6) Land registry publication — enforceability condition on subsequent acquirers.
Null clauses — what cannot appear in bylaws
Clauses contrary to public order text (security, salubrity, urbanism). Clauses infringing property right on private lot beyond what collective life justifies. Discriminatory clauses between co-owners. Clauses imposing excessive servitudes or disproportionate to building destination. Clauses of full-right nullity per Moroccan DOC (vitiated consent, illicit cause).
Contesting an irregular modification
A co-owner opposed to an irregularly adopted bylaws modification can: Contest the GA decision that voted the modification — annulment action within deadlines. Refuse application of modified clause if nullity demonstrated. Request judicial declaration of modified clause nullity and initial bylaws restoration. Compensation of prejudice suffered from irregular clause application.
- Modification nature identified (minor/functioning/charges/rights)
- Required majority confirmed
- Notary or adoul consulted
- GA convocation with precise agenda
- Vote properly conducted and documented
- Modifying act drafted
- Land registry publication completed
- Co-owners informed
- Unanimity-requiring modification voted by majority
- Bylaws modification without notary act
- Land registry publication skipped
- Discriminatory or excessive servitudes introduced
FAQ
Can I refuse to apply a bylaws modification I find irregular?
Only if you formally contest it before court. Without judicial declaration of nullity, the modification remains enforceable. Engage a lawyer specialised in condominium law promptly.
What majority is needed to change the destination of a building?
Unanimity. Changing the destination (e.g., from residential to mixed) affects all co-owners' rights and can substantially alter property values. The unanimity requirement protects each co-owner.
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