1. The principle: occupancy vs. conservation
Before any list, you need to understand the logic. Condominium charges serve two very different purposes. Some finance the day-to-day use of the lot and the building — the tenant benefits directly, so the tenant bears them: this is the block of day-to-day service charges. Others finance the conservation, improvement and value of the asset over time — they benefit the landlord, who keeps them for their own account: this is the block of major works and conservation charges.
This distinction is not a contractual creation: it flows from the common-sense legal logic of the lease. The tenant pays for what corresponds to their enjoyment; they do not have to finance the investment that enhances an asset they do not own. This is exactly the line that governs the tenant's position in a condominium in Morocco.
2. What law 18-00 does (and does not) say
An important point to avoid mistakes: law 18-00 on condominiums (amended by law 106-12) governs relations between co-owners and the union — not the recovery of the landlord-owner's charges from their tenant. The managing agent calls the charges from the co-owner, who is the sole debtor towards the union.
The split between landlord and tenant therefore falls under the lease contract, within the limits set by the lease law: law 67-12 for residential and professional, and law 49-16 for commercial. Hence the importance of drafting the lease carefully: it is the lease, and not a general text on condominiums, that sets what the tenant will have to reimburse.
3. The reasoned allocation grid
Here is the usual split between landlord and tenant. It is indicative and modelled on practice: the lease may provide for other allocations, within the legal limits, and contractual freedom is broader for the 49-16 commercial lease.
| Charge item | Landlord | Tenant (recoverable) |
|---|---|---|
| Routine upkeep and cleaning of common areas | — | ✓ |
| Electricity of common areas (hall, stairs, parking) | — | ✓ |
| Cold water consumed in the common areas | — | ✓ |
| Security / concierge (day-to-day service portion) | — | ✓ |
| Routine lift maintenance (service contract) | — | ✓ |
| Professional managing agent's fees | ✓ | — |
| Major works (facade, waterproofing, new lift) | ✓ | — |
| Works fund / reserve, exceptional calls | ✓ | — |
| Building all-risks insurance | ✓ | — |
4. The grey zone: mixed charges
Most disputes do not concern the clear-cut cases, but the mixed charges — those that have both an « operation » portion (recoverable) and an « investment / major upkeep » portion (landlord). A typical example: a new piece of equipment voted at the assembly — say an access-control system or a visitor car park. The creation of the equipment is an investment borne by the landlord; its day-to-day operation (electricity, minor maintenance) then shifts towards the recoverable charges.
- Lift: the routine maintenance contract is recoverable; replacing the cabin or machinery is not.
- Caretaker: the salary and charges of the security service fall under the day-to-day service; fitting out a new lodge is an investment.
- Green spaces / pool: regular upkeep is recoverable; heavy refurbishment or creation is not.
The sorting rule: an expense that recurs each year and serves the use is generally recoverable; a one-off, durableexpense that enhances the asset remains with the landlord. In case of doubt, the right reflex is to go back to the managing agent's statement, item by item.
5. The lease clauses to plan
Since everything hinges on the lease, it is worth drafting it to avoid disputes. Four clauses make the difference:
- List of recoverable charges item by item. Do not settle for a vague formula (« the tenant bears the charges »). Enumerate: upkeep, common areas, security, lift maintenance, etc. What is not listed is not recoverable.
- Calculation method. Monthly flat fee or provision with annual reconciliation based on the managing agent's accounts. The provision is fairer; the flat fee is simpler but may diverge from reality (see section 6).
- Delivery of the condominium bylaws. The landlord must give a copy to the tenant — this is also a legal obligation in a condominium. Also annex the latest charges statement from the managing agent.
- Warranty of no unpaid charges. A classic clause in a commercial lease: the landlord warrants that they are up to date on their charges. Useful because, in the event of the landlord's default, the managing agent may have a seizure enforced directly on the tenant's rents.
6. Flat fee or provision: the annual reconciliation
This is the point that generates the most tension at year-end. Two models:
- The flat fee: a fixed amount per month, definitively acquired. Simple, but neither landlord nor tenant can claim an adjustment if reality differs. To be reserved for stable, low-stakes situations.
- The provision + reconciliation: the tenant pays a monthly advance, then the landlord draws up each year a reconciliation statement from the managing agent's accounts — overpayment refunded, balance claimed. This is the fairest and most defensible method, because every unit is justified by a supporting document.
For the reconciliation to hold, the landlord must keep and producethe managing agent's statements and the corresponding invoices. Without this traceability, the tenant is entitled to challenge the amount — and will often be right.
7. Handling a disputed re-invoicing
When the tenant disputes, the worst reaction is the tug-of-war. The right method is documentary:
- Ask for the detail. The tenant requests the managing agent's charges statement from the landlord, and the landlord produces it. This is the basis of any serious discussion.
- Sort item by item. On each line, apply the grid: day-to-day service (recoverable) or conservation / investment (landlord). Mixed charges are split between the two portions.
- Quantify any overpayment and reconcile it. Most disputes are settled here, amicably, as soon as the figures are clearly laid out.
- Rely on an independent opinion if the disagreement persists. An adversarial analysis of the lease and the statement, by a neutral third party, documents the correct allocation and quantifies the dispute. This opinion supports the amicable negotiation between the parties — it is not a substitute for a court-ordered expert appraisal, where the judge appoints the expert.
In this work of allocation and quantification, the eye of RICS-certified expertsbrings method: reading the lease, matching it with the managing agent's statement, a clear distinction between recoverable charges and landlord charges, quantification of the overpayment. All in support of a calm discussion, to support your position with third parties, from 3,500 MAD excl. tax, report in 5 to 8 days.
8. FAQ
Does the tenant have to pay the managing agent's fees?
No. The professional managing agent's fees fall under the management of the condominium and remain borne by the landlord-owner. They are not among the day-to-day service charges recoverable from the tenant.
Is an exceptional capital call voted at the general assembly re-invoiceable to the tenant?
No. An exceptional capital call finances an investment or major works that enhance the building over time: it falls to the landlord. The tenant is subject to the assembly's decision without voting, but does not bear the cost. Only the future day-to-day operating charges of the created equipment then become recoverable.
Can the landlord re-invoice charges not provided for in the lease?
With difficulty. What is not listed as recoverable in the lease cannot, in principle, be claimed from the tenant. Hence the value of a clause enumerating precisely the recoverable charges and their calculation method, rather than a general formula.
Can the tenant ask for the supporting documents for the charges?
Yes, vis-a-vis their landlord. The tenant has no direct access to the managing agent's archives (reserved for co-owners), but can require from their landlord the charges statement and the supporting documents allowing the reconciliation to be checked. Without supporting documents, the re-invoicing is challengeable.
How can ReaConsult help with a charges dispute?
Through an adversarial analysis of the lease and the charges statement: item-by-item allocation between recoverable and landlord, treatment of mixed charges, quantification of any overpayment. An opinion by RICS-certified experts, in support of an amicable negotiation, from 3,500 MAD excl. tax, report in 5 to 8 days (48-72 h express), firm quote within 24 h.
A disagreement over charges? Lay out the figures before the conflict.
RICS-certified experts — adversarial analysis of the lease and the charges statement, recoverable / landlord allocation, quantification of the overpayment in support of your negotiation. Reports compliant with RICS (Red Book) standards, everywhere in Morocco, in 5 to 8 days (48-72 h express).
Note: The allocation of charges between landlord and tenant falls under the lease contract, within the limits of the lease law (67-12 for residential and professional, 49-16 for commercial) and the condominium statute (law 18-00 amended). The allocations presented are indicative and modelled on practice: confirm your situation in light of your lease and your managing agent's statement, and where appropriate with a legal adviser. To document a disputed allocation or quantify an overpayment, book our independent RICS appraisal service or browse the ReaConsult blog.