What does this research mean for the field?

Under Article 10 of the 1946 Dahir on apartment ownership, the union manager's exceptional ability to exercise both decision-making and executive powers creates a legal ambiguity that overlaps with the general assembly's authority and raises issues regarding the allocation of responsibilities. Novelty: ClaimNovelty.INCREMENTAL. Consensus alignment: ConsensusAlignment.NEUTRAL.

What question did this study set out to answer?

This article explores the ambiguities in article 10 of the 1946 Dahir regarding apartment ownership and management responsibilities.

June 17, 2026

Land System and Clandestine Housing: The Case of Tabriquet Nord in Salé

Key Points

This article explores the ambiguities in article 10 of the 1946 Dahir regarding apartment ownership and management responsibilities.
Examination of legal texts including the 1946 Dahir
Analysis of roles of union managers and general assemblies
Identification of legal overlaps and responsibilities
Identified overlap between general assembly's authority and manager's executive functions.
Highlighted two specific legal problems related to responsibility allocation.

Abstract

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.

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