Co-ownership bylaws template for Morocco

Co-ownership bylaws (reglement de copropriete) are the founding document that governs life in a co-owned building. They spell out which parts of the building belong to everyone (the lobby, stairs, roof) and which are private (apartments, cellars, parking spaces).

In Morocco, this document carries serious legal weight. It's mandatory under Loi 18-00 (as amended by Loi 106-12) and must be filed at the land registry (conservation fonciere). Once registered, it binds everyone: current owners, future buyers, and in some cases even tenants.

In practical terms, the bylaws answer three questions every co-owner has. Who owns what? How much does each person pay? How do we make collective decisions?

Co-ownership bylaws that comply with Loi 18-00 must cover several specific topics.This isn't a document you draft freely. Certain provisions are required by law, and others are strongly recommended to avoid disputes.

Here are the elements that must be included:

• Purpose of the co-ownership: description of the building, its address, its intended use (residential, mixed, commercial).
• Common areas: lobby, stairs, roof, facade, plumbing, elevator, green spaces, and everything for collective use.
• Private areas: each unit must be identified with its surface area, floor, and unit number.
• Tantiemes: each unit's share, calculated based on surface area and location (floor, orientation). It determines voting weight at the general assembly and the share of common charges.
• Charge distribution: general charges (distributed by tantiemes) and special charges (elevator, pool, etc.).
• General assembly rules: notice requirements (15 days, Article 16quinquies), quorum (half of co-owners by headcount, Article 18), voting majorities.
• Syndic provisions: election by 3/4 majority and 2-year renewable term (Article 19), management obligations.
• Amendment procedures: how to amend the bylaws, what majorities are required, and registration formalities.

Amending co-ownership bylaws isn't a casual matter. Loi 18-00 provides two levels of voting depending on the type of amendment.

Any approved amendment must then be registered at the land registry to be enforceable against third parties, a step many co-ownerships forget. Skipping it can create real problems when reselling a unit.

Yes, without question.Loi 18-00 makes co-ownership bylaws mandatory for any building divided into units belonging to multiple owners. It's not optional; it's a legal prerequisite.

Without bylaws registered at the land registry, the co-ownership can't function legally. The consequences are real: general assembly decisions lack a solid legal basis, the syndic has no official mandate, and collecting unpaid charges becomes much harder in court.

These two documents have neither the same legal scope nor the same content. Confusing them is a common mistake.

The house rules are often an appendix to the co-ownership bylaws. They set the practical day-to-day rules: quiet hours, parking use, pets, conditions for accessing common areas. They can be amended much more simply than the bylaws themselves.

Loi 18-00 (as amended by Loi 106-12, published in Official Bulletin no. 6514 of November 3, 2016) is Morocco's reference text for co-ownership. It establishes the foundations of co-ownership bylaws and makes them an essential document.

Here is what the law requires regarding the bylaws:

• Mandatory and registered: the bylaws must be filed at the land registry (conservation fonciere) to have legal force enforceable against third parties.
• Three majority levels: majority of votes of co-owners present or represented (Article 20) for routine decisions, 3/4 of all co-owners (Article 21) for important decisions, unanimous (Article 22) for structural changes.
• Mandatory annual assembly: at least one assembly per year, within 30 days of the fiscal year end (Article 16ter). Notices must be sent 15 days in advance (Article 16quinquies).
• Quorum by headcount: quorum requires half of co-owners by headcount (people present or represented), not by tantiemes (Article 18). The difference matters more than you'd think.
• Proxy limits: a proxy holder can represent a maximum of 3 co-owners, and their combined tantiemes must not exceed 10% of the total (Article 16decies).

Co-ownership bylaws aren't just a few generic pages. To comply with Loi 18-00 and be truly useful, they must cover each of these points in detail.

1. Identification of the co-ownership

Full address of the building, physical description (number of floors, number of units), intended use (residential, commercial, mixed), and cadastral references. Think of it as the building's identity card.

2. Description of common and private areas

Exhaustive list of what is common (load-bearing structure, roof, stairs, corridors, technical shafts, gardens) and what is private (apartment interiors, cellars, garages). The more precise this description, the less room for disputes.

3. Tantiemes table

Each unit must have a clearly defined share, usually expressed in thousandths or tantiemes. The share serves two purposes: determining voting weight at the general assembly and calculating each co-owner's share of common charges.

4. Charge distribution

General charges (cleaning, common area lighting, security) are distributed by tantiemes. Special charges (elevator, pool, collective heating) may follow a different distribution based on actual usage. The bylaws must specify both.

5. General assembly rules

Minimum frequency (at least once per year), notice requirements (15 days, by registered mail or legal notification), quorum (half of co-owners by headcount), and the three voting levels: simple majority (Article 20), 3/4 (Article 21), unanimous (Article 22).

6. Syndic provisions

Method of election (3/4 majority), term length (2 years, Article 19), legal obligations (separate accounting, dedicated bank account, calling assemblies, maintaining archives), and conditions for removal or resignation.

7. Amendment procedures

How to propose an amendment, which voting threshold is required, and the obligation to register any changes at the land registry. Many bylaws neglect this section, which creates deadlocks when something actually needs to be changed.

Here is the structure we recommend for co-ownership bylaws that comply with Loi 18-00. The outline follows a logical progression from general to specific.

This outline is a framework. Each co-ownership has its specifics: a building with a pool will need specific clauses, a commercial complex will add provisions about signage and operating hours. The key is to cover all mandatory points, then adapt the rest to your building's reality.

You've identified a clause that no longer works, or the law has changed and the bylaws need updating. Here's the process, step by step.

We've prepared a co-ownership bylaws template based on the structure above and compliant with Loi 18-00 requirements. This document is a starting point you'll need to adapt to your co-ownership's reality.

The template covers all 10 main sections: general provisions, common and private areas, tantiemes, charges, general assembly, syndic, usage rules, bylaws amendment, disputes, and appendices. It includes annotations to guide you through customizing each clause.

Having good co-ownership bylaws is one thing. Enforcing them daily is another. The bylaws set the tantiemes, define charge distribution, and establish operating rules. But without the right tool, the syndic spends their time doing manual calculations and sending WhatsApp messages to remind people about deadlines.

Kassaba makes it easier to apply the bylaws in practice:

• Charge distribution by tantiemes: the tantiemes from the bylaws are set up once. Every charge call is automatically calculated in proportion.
• Payment tracking and reminders: each co-owner sees their balance in real time. The syndic no longer has to explain who owes what: the information is directly accessible.
• Accounting transparency: Decret 2.23.700 requires accounting annexes based on annual charges called. Kassaba structures financial data to make compliance easier.