Court Rules Building Managers Cannot Block Elevator, Parking Access Over Unpaid Fees

Casablanca — A court in Nador has ruled that disputes over unpaid condominium fees do not give a building manager the right to deny residents access to shared facilities such as elevators and parking garages, in a decision that could have implications for property management practices across Morocco.

In an urgent ruling issued on April 21, the Nador First Instance Court ordered a manager representing a condominium owners’ association to provide an apartment owner with a valid access card for the building’s elevator and a key to the residents’ parking garage. The court attached a penalty of MAD 200 ($21.76)  for each day of non-compliance, ordered immediate enforcement of the ruling, and required the defendant to cover legal costs.

The case was brought by an apartment owner who said he had been deprived of access to both the elevator and the garage despite owning a unit in the residence. According to court documents, the restrictions caused ongoing inconvenience by preventing him from using the elevator to reach his apartment and forcing him to park outside the building after losing access to the garage.

The defendant argued that the measures were linked to disputes over condominium management and financial obligations within the residence. The court rejected that argument, finding that such disagreements do not justify preventing an owner from benefiting from common areas.

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Relying on Law 18.00 governing jointly owned buildings, the court said elevators and parking garages are shared facilities protected by law and available to all owners without discrimination. It added that normal use of a private apartment is closely tied to access to common facilities intended to serve all residents.

The court also found that the restriction created immediate and ongoing harm, making the matter suitable for urgent judicial intervention. Judges stressed that summary proceedings are intended to remove harm and restore the previous situation without deciding the underlying financial dispute.

The decision has also renewed debate among residents and property managers over how condominium managers should deal with owners who fail to pay monthly contributions. Some residents argue that blocking access to services unfairly penalizes people who have paid their dues when building budgets become strained. Others say unpaid fees can leave paying owners effectively financing services used by everyone in the residence.

The Nador ruling makes clear that any attempt to recover unpaid contributions must follow legal procedures rather than individual sanctions imposed by a building manager.

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