Quick answer: in a Quebec phased co-ownership, each building forms a concomitant syndicate and an initial syndicate administers the shared common portions (land, parking, pool). Every co-owner is a member of both syndicates. In the most common model, they receive a single contribution notice from their building's syndicate, which then remits the phase's share to the initial syndicate according to relative value.
What is a phased co-ownership?
The Code civil du Québec does not formally define "phased" co-ownership. The structure is built through declarations of co-ownership - notarial acts (art. 1059 CCQ) - using a method practice has refined: concomitant declarations.
The developer first publishes an initial declaration that creates the initial syndicate and divides the site into fractions. Then, as each building goes up, the phase receives its own declaration of co-ownership and becomes a concomitant syndicate, subject to the initial declaration. The result: a four-phase complex has five syndicates - one initial and four concomitants - each a full syndicate under art. 1039 CCQ.
An alternative method exists (successive amendments to a single declaration, known as the Landry method), but it is far less common. This article covers the initial + concomitant structure, the one you will almost always encounter.
Initial and concomitant syndicates: who manages what?
| Layer | Legal term | Common jargon | What it administers |
|---|---|---|---|
| Umbrella | Initial syndicate | "horizontal syndicate" | The land, access roads, shared parking, pool, gym - everything shared across phases |
| Per building | Concomitant syndicate | "vertical syndicate" | The building's private portions and its own common areas: hallways, façade, roof, elevators |
Beware the "horizontal / vertical" jargon: here it describes the organizational structure, not the cadastral meaning of horizontal co-ownership (units side by side at ground level). In any official document, stick to the legal terms: initial and concomitant.
Am I a member of two syndicates?
Yes, automatically. Buying a unit in a phased co-ownership makes the co-owner a member of their building's concomitant syndicate and a member of the initial syndicate. Both memberships flow from ownership of the fraction - neither is optional.
Concretely, that means two annual general meetings, two budgets that affect you, and two relative values: your fraction's share within your building, and your phase's share within the whole complex.
How are my charges calculated?
Each syndicate has its own relative-value table, set by the notary based on the nature, destination, dimensions and location of each private portion (art. 1041 CCQ). Within each syndicate, relative values total 100%.
Your effective share of the initial syndicate's charges is calculated in two steps:
share in the initial = phase relative value × your share in the building
Example: four equal phases (25% each) and a 10% share in your building give you 2.5% of the initial syndicate's charges. That is also the weight of your vote in the initial syndicate's decisions.
Who sends me the contribution notice?
Two models exist, and your initial declaration decides which applies:
The mandatary model (most common). The initial syndicate adopts its budget and sends each concomitant syndicate its share, calculated from the phase's relative value. Each concomitant includes that contribution in its own budget as an expense line. The co-owner receives one contribution notice, from their building's syndicate, covering both the building's charges and their share of the shared charges. The concomitant collects, then remits the contribution to the initial.
Direct billing (rarer). The initial syndicate bills each co-owner directly. Two contribution notices per period, one per syndicate.
In both cases, the concomitant's budget depends on the initial's: until the initial adopts its budget and issues its notices, the concomitants do not know their contribution. Hence the practical rule: the initial budgets first.
What happens when the initial syndicate imposes a special assessment?
The shared parking roof, the pool that needs redoing: when an unexpected expense hits the shared portions, the initial syndicate's board of directors decides on a special assessment, after consulting the meeting of co-owners (art. 1072.1 CCQ).
The mechanics then follow the same cascade as the budget: each concomitant syndicate receives its share according to its phase's relative value, then splits it among its co-owners according to their shares. A $100,000 special assessment at the initial becomes $25,000 for a 25% phase, then $2,500 for the co-owner holding 10% of that phase.
Bill 16: does each syndicate carry its own obligations?
Yes - there is no "umbrella exemption". The initial syndicate and every concomitant are full syndicates, each with its own obligations:
| Obligation | Initial syndicate | Each concomitant |
|---|---|---|
| Register (art. 1070 CCQ) | Its own register | Its own register |
| Contingency fund (art. 1071 CCQ) | Its own fund | Its own fund |
| Budget (art. 1072 CCQ) | Its budget, adopted by its board | Its budget, adopted by its board |
| Maintenance logbook and contingency fund study (Bill 16, in force August 14, 2028) | For shared infrastructure | For the building's systems |
| Annual general meeting | Its own | Its own |
A complex with one initial and six concomitants will therefore keep seven registers, seven contingency funds and, from 2028, seven maintenance logbooks and seven contingency fund studies - each study prepared by a member of a recognized professional order (OIQ, OAQ, OEAQ, OTPQ, CPA).
On a sale, the syndicate certificate is issued by the concomitant where the unit sits, but it must reflect both layers: funds, insurance, losses and unpaid contributions of the building and of the initial.
Managing a phased co-ownership without getting lost
The number-one risk in these structures is contribution drift: a phase budget adopted before the initial's, a share computed on the wrong relative value, an initial special assessment never rebilled to co-owners.
CondoAide handles the cascade natively:
- Each syndicate gets its full workspace - register, budget, contributions, meetings - and phases are linked to their initial syndicate.
- The "Contribution to the initial syndicate" line in a concomitant's budget is computed automatically from the initial's adopted budget and the phase's relative value; it cannot be edited by hand.
- Adoption order is enforced: until the initial adopts its budget and issues its notice, the concomitant's budget stays on hold.
- Contribution notices split by phase according to relative values, and an initial special assessment is mirrored automatically into each phase, where the concomitant's board approves it before anything is billed.
CondoAide is a management tool: your co-ownership's structure, relative values and collection model remain defined by your notarial declarations.
Frequently asked questions
Does a phased co-ownership pay two sets of condo fees? In the mandatary model, the most common, no: the co-owner receives a single contribution notice from their building's syndicate, which includes the contribution to the initial syndicate. If your declaration provides for direct billing, you will receive two notices, one per syndicate.
Who manages the pool and the parking in a phased co-ownership? The initial syndicate, which administers the common portions shared across phases: land, access roads, shared parking, pool, gym. Each building remains administered by its concomitant syndicate.
Does each phase need its own contingency fund? Yes. The initial syndicate and every concomitant syndicate are full syndicates: each builds its own contingency fund (art. 1071 CCQ) and, from August 14, 2028, commissions its own contingency fund study from a professional of a recognized order.
What happens to the syndicate certificate on a sale? It is issued by the concomitant syndicate where the unit sits, but it must aggregate data from both layers: funds, insurance, losses, work and unpaid charges of the building and of the initial syndicate.
Going further
- Code civil du Québec, art. 1041 - relative value of fractions
- Code civil du Québec, art. 1072.1 - special assessments
- RGCQ - Phased co-ownerships (guide, November 2021)
- Condolegal - Phased co-ownerships (practical guide)
- Managing multiple condo syndicates
- Special assessments in a condominium
- PCUR and relative charges: who pays what?
This article provides general information and is not legal advice. The exact structure of your phased co-ownership is defined by your declarations of co-ownership: for any question of interpretation, consult your notary. CondoAide is a management platform - we do not prepare contingency fund studies. For those services, retain a member of a recognized professional order (OIQ, OAQ, OEAQ, OTPQ, CPA).