Information and Proposed Changes to the Syndic at AP1

For talk that is specifically about AP1

Information and Proposed Changes to the Syndic at AP1

Postby Sandra » Sun Aug 19, 2012 10:33 pm

Hello All,
The below letter is about to be distributed to as many owners as possible via email and a copy will be placed under your apartment door in Alcudia Smir.

You can reply to this post with the information requested in point 1 of this note that is your email address etc. This note is also available in Arabic, French and Spanish.

Dear Owner AP1,

This e-mail contains important information regarding your rights as owner in Alcudia Smir.

If the syndic refuses to convene an extraordinary general meeting, a formal complaint and a summons to appear before the presiding judge will be held against the syndic for the current illegal practises.

Please provide me with the following information:

a) Confirm that you are an owner of AP1 and your first and last name
b) Confirm your block and apartment number on AP1
c) Confirm your preferred e-mail address
d) Confirm your preferred telephone number
e) Confirm home address
f) Confirm your preferred language of communication. Choose from
i. Arabic
ii. French
iii. Spanish
iv. English

It was determined that approximately 80% of homeowners were never notified of general meetings and related documents given for both 2011 and 2012. The remaining 20% were given only 3 to 5 days notice. This is contrary to Moroccan law 18.00 for Condominiums.

Moroccan law 18.00 for Condominiums is designed to enable a complex such as Alcudia Smir to operate smoothly, fairly and within the law. The owners have the right to call a special meeting if they are not satisfied, and certainly if they feel that the law 18.00 has been violated. Alcudia Smir complex rules are a guideline, but must be based on important aspects of Moroccan law 18.00.

Many owners have complained orally or in writing of the status of our complex, and it is confirmed that 23% of owners have not paid their dues to the syndic. There are no concrete follow-up accounts; no communication and some owners have had problems with the syndic. The maintenance of the gardens and filling the pool is not enough. The key issues are listed below: -

1. House painting and repairs
2. Illegal blacklist of suppliers for private work (this is the subject of a formal complaint)
3. Waste collection, cleaning bins and receipt of private deliveries
4. Dogs and cats roaming the complex
5. The effective use of security
6. The effective use of cleaners
7. Pool safety - especially at night
8. TV satellite problems
9. Parking Administration (summer)
10. General rules for tenants and efficient administration. There are reports of tenants with security problems on arrival. Also access issues for private visitors
11. Use of the pool and administration (summer)
12. Maintenance of drains (smell)
13. General effective communication about life in our complex for example meetings, purchases, events etc.

An extraordinary general meeting intends to remedy this situation by organizing free and fair elections with the relevant documents sent to all owners. In addition, we develop and encourage ideas for how our complex should be organized such as using a professional syndic that can work with our elected officials and the appointment of an external auditor. It also gives owners the opportunity to discuss and vote on these important topics.

The syndic has said repeatedly that there are only three people to run AP1 and that is not enough. This is certainly true. There are challenges with AP1, as it is usually a holiday complex. Most people do not live there all year. We invite you to attend this meeting so that we can start from a fresh sheet. Whoever is elected, our new syndic needs to operate within the Moroccan law 18.00 and use the most efficient way to operate AP1. This is perhaps through a professional company covering all aspects of security and accounts. Two quotes were received, and they are up to 40% cheaper than our current annual payment. These estimates are based on all services to run a complex such as AP1 including an estimate of 300,000 dhs for capital investment. Page 1 of 2

You will soon receive the following documents listed below: -
a) A complete agenda, including the election of a new syndic
b) Think about committee member positions. Open positions are as follows: -
i. President
ii. Vice-president
iii. Treasurer
iv. Vice-Treasurer
v. Secretary
vi. Deputy Secretary
vii Up to three advisors
c) Proxies
You can appoint someone to represent you at this meeting if you cannot attend. Only one person may represent only one owner. You must verify that the proxy you choose is not acting for another owner. If you own more than one apartment, this allows you to have multiple votes.

Key points on how to apply the law 18.00 for an extraordinary general meeting are listed below: -
• All owners must be officially notified by mail with notices
• The first meeting must have a quorum of 50% of AP1 owners
• A proxy is included as an owner in the quorum. Owners with multiple apartments must be added
• If a quorum of 50% of the owners is not reached, the first meeting is void and a second meeting must be convened. This second meeting must be held within 30 days after the first meeting notification is 15 days.
• A quorum is not required for the second meeting. All points can be discussed and any votes implemented. Homeowners must always be informed
• All the above points are Moroccan law 18.00

A) What is the difference between a "syndic" and "syndicate"?
A "syndicate" is a collection of owners. A "syndic" is an elected group or a professional company that is instructed by the "syndicate" (owners) to organize all the work and related applications in the interest of all.

B) What is the difference between "direct" and "indirect" management?
"Direct" management allows the elected "syndicate" to act as a "syndic" and select the suppliers of materials and services as they wish.

"Indirect" management means that only a professional trustee must be used to provide materials and services in a complex. This means that the chosen professional supplier becomes the "syndic". This professional syndic works with and is instructed by the elected "syndicate" (owners).

As owners, we have a choice to select between "direct" or "indirect" management. This is decided by vote at a general meeting.

It takes hard work and serious on-going management for a site to be successful. There must be a permanent presence on the part of the syndic. We all know that there are people that do not care, others are too busy, others that live far from Tetouan. We hope that the current owners and the syndic see this as an opportunity to engage more homeowners and improve the way we operate. We need to protect our investment.

If you have any questions, do not hesitate to contact We also have a professional syndic advisor that can assist us with this transition to more open communication and in accordance with Moroccan law 18.00.

Notice of the extraordinary general assembly with the date, place and time will be sent within a few weeks.

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