New change in the trustee law in joint ownership: The trustee does not have the right to sue you wit

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Appartement meknes kamilia

Published on Sep 1, 2024
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We discuss the new amendment to the condominium law for buildings in Morocco for the year 2024. The amendment stipulates that the union’s agent cannot take legal action against anyone without first resorting to mediation procedures in the syndicate. We will learn about the details of this amendment, how it enhances the chances of reconciliation, and reduces legal disputes between the residents of the buildings and the syndicate. In Morocco, the syndicate is considered an essential part of the condominium system, as it plays a pivotal role in managing the common property and balancing the rights of the joint owners, and mediation in the syndicate is an important step to ensure justice and equality among all owners in the building. The syndicate is the person appointed by the owners’ association to manage the daily affairs of the building or residential complex. The syndic is responsible for several duties, including organizing meetings, establishing the syndicate, calling for the general assembly and communicating with the owners, collecting dues, and managing maintenance. According to Moroccan law, the syndicate is considered the agent of the owners’ association, and must act in the best interests of all. The syndicate’s duties include many important tasks, such as: Managing the syndicate’s budget: The syndic must prepare the annual budget for the building and collect contributions from the owners. Maintenance and repairs: It is the duty of the trustee to coordinate maintenance work and repair any faults in the common property. Organizing meetings: The trustee must organize regular meetings with the owners to discuss financial and administrative matters such as the ordinary general meeting and the extraordinary meeting. Communicating with owners: The trustee must be available to communicate with the owners regarding any inquiries or problems. Despite the importance of the trustee’s role, there are several problems that he may face. Among these problems are: Poor management: Some trustees may lack the skills necessary to manage the property effectively, which leads to financial and administrative problems. Lack of transparency: Owners may suffer from a lack of transparency regarding the performance of the trustee’s duties, which leads to a loss of trust. Legal issues: Owners may file lawsuits against the trustee in cases of non-compliance with duties or in cases of mismanagement. The establishment of the trustee requires following certain legal steps. The trustee must be appointed during a meeting of the owners’ association, i.e. during the general meeting of the trustee where he is voted on by the members. It is essential that his duties and powers are clearly stated in the minutes of the meeting. The trustee must perform his duties professionally and transparently. In the event of non-compliance, the owners can file a lawsuit against the trustee to claim compensation or to remove him from his position, meaning the dismissal of the trustee. According to the new trustee law 2024, the trustee must submit periodic reports on financial and administrative performance. The new amendments to the Condominium Law 2024 in Article 13 of the Condominium Law of Built Real Estate have introduced several important changes, such as enhancing transparency in the management of funds and providing detailed performance reports. Stricter mechanisms have also been put in place to hold the trustee accountable in the event of errors. Article 13 has been amended to read: In the event that reconciliation and mediation are not possible, the owners’ association has the right to litigate, even against one of the joint owners. Since the condominium system relies on cooperation between owners to ensure effective management of the property, it is important to have a strong owners’ association that guarantees everyone’s rights and works to resolve any problems that may arise with the trustee. In the event of problems with the trustee or a problem with the trustee, it is possible to resort to the judiciary. Owners can file a lawsuit against the trustee in cases such as the trustee’s embezzlement, mismanagement, or failure to comply with the stipulated duties. Evidence and testimony must be presented to support the case, which sometimes requires legal advice. In some cases, a trustee may be illegal if it is not properly appointed by a general meeting attended by a majority of owners or if it does not comply with applicable laws. Owners should be aware of their rights and take action if they encounter an illegal trustee. The bottom line is that understanding the role of the trustee and the rights of owners in a condominium system is vital to ensuring effective and transparent property management. Owners should communicate and cooperate with each other to resolve any issues that may arise with the trustee, and resort to mediation or legal channels when necessary. By adhering to applicable laws and regulations, owners can foster a healthy and p

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