EV Charging Station Agreement in Quebec Condos

Demand for electric vehicles (EVs) is increasing in the Greater Montreal area. In divided co-ownership, installing a charging station in a garage or parking area requires close coordination among the board of directors, the syndicate and the requesting co-owner. A clear agreement governs the use of common portions, responsibilities and cost-sharing. This article guides you in developing an EV charging station agreement for a Quebec divided co-ownership, in compliance with your declaration of co-ownership and applicable regulations.

When is an agreement required for a charging station?

A formal agreement is recommended as soon as a project affects common portions (e.g., the building’s electrical supply, cable routes, garage walls or slabs) or common portions for restricted use (e.g., your designated parking space). In Quebec, the use and modification of common portions are governed by the Civil Code of Quebec (see arts. 1063, 1072 and 1102 C.C.Q.; paraphrased). Approval may fall to the board of directors or the meeting of co-owners, depending on the scope of the work and what your declaration of co-ownership provides.

Before voting, the board of directors should check:

• Compliance with the declaration of co-ownership and the by-laws of the immovable (technical, aesthetic and safety rules).
• Available electrical capacity and the impact on common expenses.
• Whether the maintenance logbook needs updating and, if necessary, the contingency fund study if the common infrastructure changes.

Useful resources:

• Civil Code of Quebec (divided co-ownership) – LégisQuébec
• RBQ – Electrical work and compliance
• RGCQ – Best practices in divided co-ownership

Roles and responsibilities: syndicate, board of directors, co-owner and contractor

• Syndicate and board of directors: assess the request, impose safety conditions, approve plans, sign the agreement and ensure compliance with the declaration of co-ownership and the by-laws. They update the records and maintenance logbook and retain all documentation (plans, warranties and certificates).
• Requesting co-owner: submits a written request detailing the location, power, charging station model and proposed contractor. The co-owner agrees to pay the costs for which they are responsible and to comply with the agreement.
• Electrical contractor: must hold an appropriate RBQ licence. The contractor prepares the plans, performs the work, provides certificates of compliance and explains the maintenance requirements.

Management tip: centralize requests through an internal form and keep a register of authorized charging stations, their serial numbers and their power supply points. To structure this process, see our administrative management services.

Key clauses to include in the agreement

Here are the elements your agreement should cover to avoid grey areas and protect the interests of both the syndicate and the co-owner.

• Purpose, scope and references: name the parking space, specify whether it is a common portion for restricted use, and cite the relevant declaration of co-ownership and by-laws of the immovable.
• Technical description: charging station model, power (e.g., 208/240 V, 30–40 A), wiring, protection devices, load management and the exact location of the cable route.
• Ownership and access: who owns the charging station and wiring; the syndicate’s access rights for inspection, maintenance or emergencies.
• Authorizations and compliance: obligation to use an RBQ-licensed contractor and comply with electrical standards and the requirements of the municipality and insurers.
• Energy metering and billing: method used (sub-meter, smart charging station or estimate based on readings), reading frequency and payment terms.
• Cost allocation: who pays for the purchase, installation, electrical upgrades, maintenance, repairs and future replacement.
• Maintenance, warranties and end of life: preventive maintenance responsibilities; delivery of warranties; removal or restoration terms when moving or when the agreement ends.
• Insurance and liability: proof of the co-owner’s liability insurance, if required; prioritization of fire safety and compliance with the building’s instructions.
• Modifications and upgrades: procedure if common power management is introduced later; equipment compatibility.
• Sale of the condo and transfer: obligations to inform the buyer; transfer of the agreement and costs; a syndicate certificate provided to the notary. See also OACIQ – co-ownership resources.
• Sanctions and defaults: reasonable administrative fees, suspension of access or removal in the event of non-compliance after written notice and a correction period.

Summary example of the clauses

Cost-sharing and billing models

Every building is different. Adopt a simple, traceable and equitable model, set out in the agreement and harmonized with common expenses.

Common models:

• Full user-pays model: the co-owner assumes 100% of the costs of purchase, installation, maintenance, repairs, replacement and measured energy. Advantage: no direct impact on condo fees.
• Hybrid model with common infrastructure: the syndicate invests in a “backbone” (dedicated panel, load management and cable routes) for everyone; each user pays for their branch circuit and charging station. Advantage: scalable and orderly; provide for an initial infrastructure contribution.
• Shared common charging station: charging station(s) accessible to several users, with a schedule and internalized pricing. This requires access, reservation and “idle” fee rules if a vehicle remains unnecessarily connected.

Energy billing:

• Individual sub-meter or smart charging station with a consumption report.
• Periodic rebilling by the syndicate (e.g., quarterly), in addition to regular assessments.
• Tax rules may apply when rebilling; consult Revenu Quebec regarding the applicable GST/QST based on the circumstances: https://www.revenuquebec.ca/

Be careful with the contingency fund: it is generally intended for repairs and replacements of common portions. Using the fund for new installations must be assessed carefully under the declaration of co-ownership and the law; where appropriate, consider a special assessment approved at a meeting instead.

Approval and implementation process (step by step)

1. Written request from the co-owner: include a site plan, technical data sheet, required power and proposed RBQ contractor.
2. Technical analysis by the board of directors: verify the electrical system, panel capacity, impact on common portions and future compatibility (load management).
3. Decision under the declaration of co-ownership: resolution of the board of directors or meeting of co-owners, with specific conditions and, if necessary, an amendment to the by-laws of the immovable.
4. Signing the agreement: the syndicate and co-owner sign before the work begins; security deposit if appropriate.
5. Work and compliance: performed by a licensed contractor; certificates and photographs added to the records.
6. Updating documents: maintenance logbook, contingency fund study if necessary, intervention plan and records.
7. Follow-up and billing: periodic readings, issuance of rebilling notices and accounting updates. To support these steps, see our operations management services.

For more practical content, visit our blog.

Frequently asked questions (FAQ)

Q1. Can a co-owner install a charging station without authorization?
No. Any work affecting common portions or common portions for restricted use requires the authorization provided for in the declaration of co-ownership and the C.C.Q. A written agreement sets out responsibilities and prevents disputes.

Q2. Who pays for common electrical upgrades?
It depends on the option selected. Under a user-pays model, the requesting co-owner assumes the costs required for their connection. If the syndicate decides to install common infrastructure, the financing and contribution terms must be approved and documented.

Q3. What happens when the condo is sold?
Set out in the agreement the transfer to the buyer, the documents to be provided (manuals, warranties and signed agreement) and the removal options if the buyer refuses. The syndicate certificate provided to the notary must accurately reflect the charging station’s situation.

Q4. Are periodic inspections required?
Yes. Periodic visual inspections and electrical testing are recommended for safety and insurance reasons. Document them in the syndicate’s records.

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

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