Taking over from a syndic who won't hand anything over: your rights and what to do
Updated
You've just been designated syndic, and the previous one is dragging his feet, or flatly refusing to hand anything over. Start here: your authority begins the day the general assembly designates you (Article 19), provided the designation was validly held and recorded in the minutes. Not the day the old syndic hands you the files. His refusal to cooperate is his breach. On its own, that refusal does not weaken your mandate.
Quick answer
- ✓Your authority begins at your AG designation (Article 19), not at the handover of documents.
- ✓The outgoing syndic must hand everything over within 15 days of your appointment (Article 28).
- ✓If he refuses, ask the summary-proceedings judge (juge des référés): he orders the handover under astreinte (Article 28).
Printable handover memo (free PDF)
One page: what the outgoing syndic must hand over (with the articles), and what to do if he refuses.
What must be handed over to you
This list isn't about goodwill. It's what Articles 26ter and 28 require. Ask for all of it, item by item:
- Documents and registers: AG minutes (procès-verbaux), the co-ownership register, the co-ownership rules, active contracts.
- Accounting records and their original supporting documents (Décret 2.23.700, Annexe 1, Article 11).
- The up-to-date treasury situation.
- All of the syndicate's funds, including cash on hand and bank balances.
- Transfer of access to the bank account held in the syndicate's name (Article 26).
- Active service contracts: water, electricity, elevator, maintenance, insurance.
- A signed receipt. Get a signed handover receipt.
The deadline
All of it within 15 days of the new syndic's appointment (Article 28). This clock runs from your designation, not from a letter. The signed receipt is your proof the handover happened, and his proof that he met his obligations.
If the outgoing syndic refuses to hand over the documents
The 15-day clock runs from your designation by the AG (Article 28). In practice, these three steps build a solid case.
1The formal notice (mise en demeure)
Send a mise en demeure by registered mail with acknowledgment of receipt, or through a huissier (judicial commissioner). It dates your demand, proves you asked for the handover, and is often the last practical step before court.
2The summary proceeding (référé)
Once the Article 28 deadline has passed without handover, bring the matter before the president of the court of first instance, acting as juge des référés. This is an urgent summary procedure, not a full trial.
3The judicial penalty (astreinte)
The judge orders the documents and funds handed over under astreinte: a financial penalty, usually per day of delay, that accumulates for as long as the former syndic fails to comply.
Worth knowing
Article 28 provides a direct référé route; unlike the general Article 13 action, it does not itself mention prior conciliation.
What about the bounced check?
If the outgoing syndic left a bounced check (chèque sans provision) behind, that's a separate matter. It doesn't fall under Law 18-00 but under the Moroccan Code de Commerce, as reformed by Law no. 71.24 (Dahir no. 1.26.03 of 22 January 2026, published in Bulletin Officiel no. 7478 on 29 January 2026).
One question is decisive before anything else: who holds the check? The syndicate, or a third-party supplier the old syndic paid? The answer changes who can act. The process may begin with a certificate of non-payment (certificat de non-paiement) issued by the bank, then, where applicable, a payment order (injonction de payer) or a complaint to the public prosecutor (procureur).
We won't walk through the criminal procedure here: for that part, talk to a lawyer. That's the right move, and the safest one.
The texts that apply
The outgoing syndic's obligations are spelled out in the law. Here are the articles that matter in your situation (English translation; the official texts are in French for Law 18-00 and in Arabic).
“The general assembly designates, from among the present or represented owners, a syndic and a deputy syndic, by a three-quarters majority of the co-owners' votes. [...] The syndic and the deputy are appointed for a renewable two-year term.”
Law 18-00, Article 19
“On expiry of his mission, the syndic or his deputy must, within a maximum of 15 days from the appointment of the new syndic, hand over to the latter all the documents, archives, registers of the syndicate and the building, the treasury situation and all the syndicate's assets including cash. After this period expires without the handover being carried out, the new syndic asks the president of the court of first instance, in his capacity as summary-proceedings judge, to order the former syndic to comply under astreinte.”
Law 18-00, Article 28
“The deputy syndic provisionally exercises the same powers where the syndic refuses to perform his role [...]”
Law 18-00, Article 27
In the event of a change of syndic, the accounting documents and the original supporting records are handed over to his successor. (translation from the Arabic)
Décret 2.23.700, Annexe 1, Article 11
Sources: Law 18-00 on co-ownership, SGG consolidated version; amendments from Law 106-12, published in Arabic in Bulletin Officiel no. 6465 and in the official French translation in Bulletin Officiel no. 6514; Décret no. 2.23.700 published in Bulletin Officiel no. 7391.
How to avoid this next time
A co-ownership run on a documented platform leaves a complete archive that transfers in a few clicks. “I don't have the documents” stops being possible. See our syndic software for Morocco, free during the beta.
Go further
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The general pillar: role, obligations, Law 18-00 and Décret 2.23.700.
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Late penalties, formal notice, 5-year prescription, payment order.
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Frequently asked questions about the syndic handover
When exactly does my mandate as syndic begin?
The day the general assembly designates you by a three-quarters majority of the co-owners' votes (Article 19 of Law 18-00), provided that AG was validly held and the designation is recorded in the minutes. You don't need to wait for the physical handover of the files by the outgoing syndic to act. The material handover is an obligation on the outgoing syndic, not a condition of your authority.
Who can bring the summary proceeding, the new syndic or the deputy?
It depends on the moment. If a new syndic has already been designated, it's the new syndic who brings the matter before the summary-proceedings judge to obtain the handover under astreinte (Article 28). During a resignation phase where no replacement has been elected yet, it's the deputy syndic who can ask the president of the court, ruling in summary proceedings, to order the former syndic to comply under astreinte (Article 26ter). Separately, the deputy exercises the syndic's powers in the event of death, removal, resignation, or the syndic's refusal to perform his role (Article 27).
Does the Article 28 référé require a prior conciliation attempt?
Article 28 provides a direct référé route: it sends the new syndic before the president of the court of first instance, acting as summary-proceedings judge, without itself mentioning prior conciliation. That's different from the syndicate's general right to sue, which Article 13 of Law 18-00 conditions on a conciliation attempt (failing conciliation, the syndicate has the right to go to court). For your specific case, check the procedure with a lawyer or a huissier.
How long should I keep the handover receipt?
Keep the signed handover receipt, along with the accounting documents and supporting records, for at least 5 years. Décret 2.23.700 (Annexe 1, Article 11) requires the syndic to keep the original supporting documents for five years. This signed receipt is your proof that the handover happened, and the outgoing syndic's proof that he met his obligations. In practice, many syndics keep these records longer to be safe.
A clean handover, at every change of syndic
Kassaba keeps a complete, verifiable archive of the co-ownership. Create a free account, no credit card, and transfer the whole file in a few clicks when the time comes.
Questions? [email protected]
This guide is provided for informational purposes by the Kassaba team. It does not constitute legal advice. For your specific situation, and the bounced-check matter in particular, consult a lawyer or a huissier authorized in Morocco.