This article examines the legal ambiguity in Article 10 of the 1946 Dahir on apartment ownership. It questions whether the union manager's duty to preserve, maintain, clean, and repair common areas creates an overlap between the general assembly's decision-making authority and the manager's executive functions. While the assembly typically manages both routine and non-routine matters, the author argues that in exceptional cases, the manager may exercise both decision-making and executive powers under the initiative authority granted by the third paragraph of Article 10. This dual role raises two specific legal problems regarding the proper allocation of responsibilities.
Abdelkader Azkri (Sat,) studied this question.