- Article 31 law 18-00 as amended: the landlord co-owner must give a copy of the condominium bylaws to the tenant, who undertakes to comply with them and with the syndicate's decisions
- The tenant is not a member of the syndicate — they have neither a vote at the GA nor access to the archives, but must abide by the decisions
- Works in the let lot decided by the GA on the common areas: they cannot prevent them but have a right to compensation for harm (art. 33 and 34)
- Recoverable charges: determined by the lease (67-12 residential, 49-16 commercial) and practice — generally current upkeep and services, never major works or syndic fees
- Conflict with the syndic: the landlord is the official interlocutor, but the tenant has their own right of action for the preservation of the leased thing
- Seizure of rent: if the landlord co-owner is in arrears of charges, the syndic can have the rent seized at the tenant's hands
1. The tenant is bound by the condominium bylaws (art. 31)
Article 31 of law 18-00 as amended by law 106-12 is explicit: the co-owner who has let their divided fraction must give the tenant a copy of the condominium bylaws, and the tenant undertakes to comply with their content as well as with the decisions taken by the syndicate of co-owners. It is a legal obligation of public order — which binds the tenant even if the lease is silent on the point.
Practical consequences: the tenant must respect any noise hours, the rules of use of the common areas (parking, lift, hall, terrace), restrictions on animals, the hall notice board, the prohibition on carrying out certain professional activities in a strictly residential lot. Non-compliance can lead the syndicate to act directly against the tenant (action for cessation), while also putting the landlord co-owner in question for failure of supervision.
2. What the tenant cannot do
Three major limits on the tenant's status in a condominium:
- No vote at the GA — article 14 reserves membership of the syndicate and the right to vote to the co-owner. The tenant is not convened and has no access to the deliberations
- No direct access to the archives (art. 32) — only co-owners can ask the syndic to disclose the accounts, invoices and contracts. The tenant goes through their landlord if they need information
- No right to challenge GA decisions — the action for annulment (art. 59 duodecies) is open to the opposing or defaulting co-owner, not to the tenant
This imbalance is offset by the landlord's obligation to protect the tenant (peaceful enjoyment owed under the general law of leases and laws 67-12 / 49-16). If a GA decision seriously disturbs the enjoyment of the let lot (lengthy works, use restriction), the tenant has their recourse against the landlord, who in turn can challenge it at the GA or in court.
3. Recoverable charges: what the landlord can re-bill
Law 18-00 does not directly govern the recovery of the landlord co-owner's charges from the tenant — it is the lease contract that sets the recoverable charges, within the limits laid down by the lease law (67-12 for residential/professional, 49-16 for commercial). In practice, here is the usual dividing line:
| Charge item | Owner | Tenant (recoverable) |
|---|---|---|
| Professional syndic fees | ✓ | — |
| Major works (renovation, new lift, waterproofing) | ✓ | — |
| Works fund / reserve | ✓ | — |
| Building multi-risk insurance | ✓ | — |
| Cold water consumed in common areas | — | ✓ |
| Common electricity (hall, stairs, parking) | — | ✓ |
| Current upkeep (housekeeping, cleaning) | — | ✓ |
| Caretaker (salary and charges) | — | ✓ |
| Lift maintenance / annual inspection | — | ✓ |
A dispute over lease charges or the condominium bylaws? Our experts audit the recoverable-charge clauses and their articulation with the bylaws. See our condominium advisory service or contact us.
4. Works decided at the GA in the let lot (art. 33 and 34)
Article 33 deals with a frequent situation: the GA votes works on the common areas that require intervention inside the let lot (running pipes, refurbishing a riser, work on the waterproofing of a private terrace). The tenant cannot refuse these works, but they have two protections:
- Eight days' prior notice of the nature of the works by the syndic — except in a justified emergency for the safety of the building or its occupants
- Compensation by the syndicate of co-owners for any harm suffered (art. 34) — the syndicate then turning against the party causing the harm (a contractor that performed poorly, defective material, etc.)
If the tenant or their landlord refuses access, the syndic refers the matter to the president of the court of first instance in summary proceedings, who can order performance under penalty (art. 33 para. 3 and art. 59 terdecies 4).
5. The syndic's lever: seizure of rent
When a landlord co-owner does not pay their charges, the syndic has a particularly effective weapon: the seizure of rent. Once the enforceable title is in hand (a final payment order or a judgment), the syndic can serve on the tenant the order to pay the rent directly to the syndicate — up to the amount due. A tenant who continued paying the landlord after this service would be obliged to pay a second time to the syndic.
That is why a tenant should always check the charges situation of the lot they are letting, and keep the proof of payment. A classic clause of 49-16 commercial leases moreover provides that the landlord guarantees the absence of charge arrears at the time the lease is concluded.
6. Case study — an apartment in Hay Riad, Rabat
A tenant signs a 67-12 lease for a 110 m² apartment in a new residence in Hay Riad. Monthly rent 11,000 MAD, fixed charges 1,200 MAD per month (upkeep, security, common cold water, common electricity, lift, caretaker). Six months into the lease, the GA votes to create an underground visitors' car park — significant works, an exceptional fund call of 35,000 MAD per apartment.
Legal position: the fund call is an improvement charge (creation of a new facility), paid in full by the landlord owner. The tenant is not made to contribute, except by an express clause of the lease — but such a clause would be contestable under law 67-12. The future running charges related to operating the visitors' car park (lighting, ventilation, access control) will, on the other hand, be split under the usual regime: recoverable from the tenant for their "operation" part, borne by the owner for their "investment / major upkeep" part.
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Review of recoverable-charge clauses · Articulation with the condominium bylaws · Diagnosis of landlord / tenant / syndic disputes
Note: This article presents the framework of laws 18-00 / 106-12, 67-12 and 49-16 for information. The clauses and the regime applicable to your situation must be confirmed with your lawyer, syndic or notary. To document a value or audit your lease and condominium charges, see our condominium advisory page or the ReaConsult blog.