Recovering unpaid condominium charges in Morocco
the full recovery procedure under Law 106-12

1. Stage 1 — the amicable reminder (the step never to skip)

Many arrears stem from an oversight, a temporary difficulty, or an unspoken disagreement over a charge item. Before any procedure, the syndic should send a simple written reminder stating the amount due, the nature of the charges concerned, the due date, and proposing a payment schedule where appropriate. This reminder is sent 30 days after default, then again at 60 days if nothing moves.

In practice, one owner in three settles at this stage. Those who respond to neither the first nor the second reminder are the real cases to handle — you must then move to the contentious phase without waiting, because the longer the arrears accumulate, the more the debtor gets used to not paying and the longer the procedure becomes.

2. Stage 2 — the formal notice (mise en demeure)

The formal notice is a registered letter with acknowledgement of receipt (or a bailiff's writ) that starts default interest running and constitutes the formal starting point of the dispute. It must:

• Detail the precise breakdown of sums due (per financial year, per item, interest included)
• Recall the legal basis (general-assembly minute, condominium bylaws, Law 106-12)
• Set a reasonable payment deadline (15 to 30 days)
• Explicitly announce judicial proceedings in the event of non-payment
• Be signed by the acting syndic and sent to the debtor's address recorded in the register of co-owners

Indicative cost: 200 to 600 MAD (bailiff) or registered-mail charges. This is also the stage at which the syndic should register the syndicate's statutory mortgage on the debtor's lot (point 5 below) — it is free or very inexpensive and highly protective.

3. Stage 3 — the payment injunction (the fast track)

For liquid, due and uncontested debts, the Moroccan Code of Civil Procedure opens the route of the payment injunction — a simplified procedure, non-adversarial at the outset, that allows you to obtain an enforcement title quickly. The syndic, through its lawyer, files a petition with the competent court of first instance, together with the general-assembly minute approving the accounts, the itemised statement, and the formal notice that went unanswered.

The judge issues an order, served on the debtor by a bailiff. The debtor then has a period within which to file an opposition. If they do not oppose it, the order becomes final and enforceable — seizures become possible. If they oppose it, the matter switches to ordinary adversarial proceedings before the same court. Common timeline: 3 to 6 months to obtain the order, plus 6 to 12 months more if an opposition is lodged.

4. Stage 4 — protective seizure and forced enforcement

Once the enforcement title is in hand (a final injunction order or a judgment on the merits), the syndicate can launch:

• Bank-account seizure against the debtor (if the account is known, served on the bank)
• Wage garnishment if the debtor is an employee (served on the employer, within the limit of the attachable portion)
• Seizure of rents if the unpaid lot is let — the tenant then pays the syndicate directly
• Seizure of the lot itself as a last resort, with a public auction under judicial supervision

A protective seizure can be obtained as soon as the injunction is served, without waiting for the debtor's remedies to be exhausted, in order to freeze their assets and prevent organised insolvency. It is a very useful preventive measure, particularly for the seizure of rents on a let lot.

5. The silent weapon: the syndicate's statutory mortgage

Law 106-12 confirms and strengthens the syndicate's statutory mortgage over the lot of an owner in arrears. In practice, from the formal notice onward, the syndic can register at the land registry (Conservation Foncière) a statutory mortgage securing the sums due. This registration has two powerful effects:

• Immediate psychological effect — the defaulting owner can no longer sell their lot without clearing the arrears, and their mortgage lender is alerted; this is often enough to unlock a payment
• Legal effect: if the lot is sold (voluntarily or through seizure by another creditor), the syndicate is paid by preference, within the limit of the rank of its registration

It is the most under-used tool in Morocco — many syndics ignore it or do not know how to activate it. Yet its cost is marginal and its return excellent. Any competent syndic registers it as soon as an owner is more than two quarters in arrears.

To document the arrears and value the lots at stake, work with our condominium advisory service and our independent RICS appraisal service, then browse more analyses on the ReaConsult blog.