Concomitant co-ownership declarations method

With the concomitant declarations method, the developer can first opt to register a single declaration of co-ownership for the entire parcel of land.

This constitutes the initial co-ownership. Then, each building erected on the private portions of this parcel – which is then divided into lots – is subject to its own declaration of co-ownership.

With the concomitant ownership declarations method, the concept of horizontal co-ownership is used as a synonym for the initial co-ownership. This co-ownership governs the facilities and land common to the different phases, including the land surrounding the towers and driveways.

Concomitant co-ownership properties, also referred to as vertical co-ownerships, refer to the declarations of co-ownership governing each immovable that is part of the overall project. These declarations of co-ownership are called “concomitant declarations.” At each phase of the project, a new concomitant declaration will be registered for each new lot number that has undergone a cadastral operation. Each time, a new syndicate of co-owners, called vertical, will be created.

Horizontal co-ownership

A horizontal co-ownership property is a divided co-ownership made up of townhouses, semi-detached, or detached dwelling units.

In the case of residential towers (phased project) the term horizontal refers to the common areas governed by the original declaration, i.e., the facilities and grounds common to the various phases.

Horizontal cadastral plan

In order to create a vertical co-ownership, a land surveyor must prepare a horizontal cadastral plan, which will allow the allocation of separate lot numbers to each private and common portion. The land so divided in lots includes:

• private portions: the houses and sometimes their balconies and the land surrounding them (which can sometimes be common spaces for restricted use);
• common portions: the land on which the common equipment is situated (such as roadways, swimming pool, tennis court).

Source: condolegal.com — Horizontal co-ownership

Vertical co-ownership

Co-ownership made up of stacked private portions (e.g. a residential tower).

Its private and common portions are stacked one above the other or side by side.

In the case of co-ownerships in residential towers built as a phased project, each tower will be governed by a vertical declaration of co-ownership.

The equipment and land common to the various phases, including the land surrounding the towers, the roadways and swimming pool, will be governed by an initial or horizontal declaration of co-ownership.