Lithium Batteries in Divided Co-Ownership: E-Bikes in Quebec

The rise of electric bicycles and scooters has brought a new issue to divided co-ownership: the safe management of lithium batteries. Fire risks exist, but they can be reduced through clear rules, prevention and good communication between the syndicate, the board of directors and co-owners.

In Quebec, the legal framework allows the syndicate to regulate storage and charging in the common portions and private portions. Everything must align with the declaration of co-ownership and the by-laws of the immovable, then be approved at the annual general meeting if necessary. In Montreal and the greater metropolitan area, several syndicates are already implementing policies adapted to their building.

This article offers a practical approach to assessing risks, establishing by-laws, setting up a safe space and planning for incident management. You will also find useful references and tools for your prevention committee.

Why lithium batteries are a concern in divided co-ownership

Lithium-ion batteries offer high energy density, making them ideal for bicycles and scooters. Their drawback: in the event of an impact, overcharging or use of an inappropriate charger, a failure can lead to thermal runaway. Fire can spread quickly and generate toxic smoke, complicating evacuation.

Several risk factors commonly arise in condos:

• Charging inside a corridor or near an exit, which blocks evacuation.
• Counterfeit or non-CSA/UL-certified batteries, incompatible or improvised chargers.
• Prolonged charging without supervision, overloaded power bars and damaged wires.
• Storage in an unventilated space, near combustible materials.

The Regie du batiment du Quebec (RBQ) reiterates basic fire-prevention principles: use compliant chargers, avoid combustible surfaces, monitor charging and remove any damaged battery from service. Consult its notices and prevention sheets on the RBQ website to guide your safety committee.

Useful sources:

• RBQ – Fire prevention: lithium batteries and safety tips:
  rbq.gouv.qc.ca/prevention-incendie
• RGCQ – Best practices in divided co-ownership:
  rgcq.org

Legal framework in Quebec: what the syndicate and board can do

In divided co-ownership, the declaration of co-ownership and the by-laws of the immovable form the framework for community rules. The Civil Code of Quebec allows the syndicate to adopt by-laws governing the safety, use and maintenance of the common portions and private portions, provided these rules comply with the declaration of co-ownership and co-owners’ rights (see C.C.Q.).

In practice, the board of directors can:

• Propose by-laws of the immovable governing the storage and charging of electric bicycles and scooters.
• Restrict or prohibit charging in certain common portions for safety reasons.
• Set conditions for use in private portions when the building’s safety is at stake (e.g., require certified chargers and supervised charging).
• Establish a graduated enforcement process in the event of non-compliance (notice, formal demand, reasonable penalties if provided for in the by-laws), relying on the declaration of co-ownership.

When the by-laws substantially change the conditions of use, approval at a meeting may be required. The minutes of the annual general meeting must clearly reflect the resolution, quorum and voting results. For reference, consult the Civil Code of Quebec online: LégisQuébec – Civil Code of Quebec.

For implications during a sale or lease, the OACIQ emphasizes the importance of disclosing relevant rules to buyers and tenants. Clear by-laws on batteries and charging make life easier for everyone: oaciq.com.

Sample by-laws and best practices for bicycles and scooters

Good by-laws are precise, enforceable and communicate realistic expectations. Here are elements to include.

• Terminology: cover electric bicycles, scooters, electric unicycles and comparable personal devices equipped with lithium batteries.
• Storage: specify permitted locations (e.g., bicycle racks in common portions or in the private portion) and prohibited locations (e.g., stairwells, corridors and mechanical rooms).
• Charging: prohibit charging in corridors and exit spaces; regulate charging in units (non-combustible surfaces, functioning detector, co-owner present, no overloaded power bars); encourage charging in a properly equipped common room.
• Compliance: require CSA/UL-certified devices and chargers; prohibit modified or counterfeit batteries.
• Condition and recalls: require the immediate removal of damaged, swollen, abnormally hot or recalled batteries; require notice to the condominium manager.
• Capacity: limit the number of eligible devices per unit or common room based on the risk assessment.
• Insurance and liability: remind co-owners that damage caused by non-compliant use may result in their liability and that deductibles may apply.
• Enforcement: describe graduated notices and penalties, in accordance with the powers provided under the declaration of co-ownership and the C.C.Q.
• Communication: post instructions and send an annual reminder before cycling season.

Sample clauses to include

• “Charging is permitted only inside the unit under continuous supervision, on a non-combustible surface and with the manufacturer’s certified charger.”
• “Charging is prohibited in corridors, stairwells and garbage rooms.”
• “Any damaged or overheated battery must be removed immediately and disposed of in accordance with municipal instructions.”
• “The board of directors may remove, without notice, any device stored in an exit or prohibited room.”

These wordings must be adapted to your declaration of co-ownership. Avoid vague terms; specify what is permitted, prohibited and the procedure to follow.

Adoption and communication process

• Consultation: survey co-owners and tenants to understand actual needs (number of devices, hours of use and expectations).
• Drafting: align the new rules with the existing declaration of co-ownership and by-laws of the immovable; validate them with the syndicate’s legal counsel.
• Adoption: if required, place the item on the annual general meeting agenda; vote on the resolution and clearly record the result in the minutes.
• Distribution: send the adopted by-laws, post instructions near the racks and charging room, and publish them in your co-owner portal.

Need help structuring these steps? See our administrative management and operations management services.

Setting up a room and preventing fires

If your building has many users, a common room dedicated to storage and charging can reduce risks in units. The following features are recommended, subject to validation by your professionals (engineer, fire-prevention specialist) and the applicable standards.

• Building envelope and compartmentalization: ideally, a closed room with fire-resistant materials and a self-closing fire door.
• Detection and extinguishing: interconnected smoke detectors, suitable portable fire extinguishers, and an assessment of the need for sprinklers based on the layout and number of devices.
• Electrical system: dedicated circuits for charging zones, ground-fault circuit-interrupter outlets if required, charging on non-combustible surfaces, and no extension cords or overloaded power bars.
• Ventilation: limit smoke accumulation in the event of an incident; avoid charging in confined spaces without ventilation.
• Capacity and control: maximum number of devices, a space-assignment plan, labelling by unit and an incident log.
• Signage and instructions: clear signs outlining charging procedures, emergency numbers and the prohibition against leaving a device unsupervised for an extended period.
• Waste and end-of-life battery management: a dedicated fire-resistant container and procedures for taking these batteries to a municipal or specialized collection point.

The RBQ recommends prudent practices: do not charge near flammable materials, do not cover the battery, stop charging once it is complete, use only the original charger and remove any suspect battery from service. Refer to its guides: RBQ – Fire prevention.

Consider adding these assets to your maintenance logbook (EUC): periodic inspection of the room, testing of detectors, checking fire extinguishers and a seasonal reminder of the instructions. The board of directors can include a budget in common expenses for setting up and maintaining this room.

Insurance, liability and incident management

In the event of an incident, the primary concern remains people’s safety. Responsibilities and compensation come next. Generally, the syndicate’s insurance covers damage to the common portions and components covered by the policy, while the co-owner’s insurance covers their movable property and improvements to the private portion. Deductibles may apply and, depending on fault or non-compliance with the by-laws, the syndicate could claim certain costs from the co-owner.

The RGCQ offers useful guidance for organizing prevention and documenting your decisions: rgcq.org. Keep a record of communications, board decisions, inspections and incidents. If the uses are substantially changed, update the declaration of co-ownership and/or the by-laws of the immovable with the assistance of your legal counsel.

To avoid grey areas at the time of a sale, the OACIQ emphasizes the importance of transparency with buyers regarding the applicable rules and the building’s installations: oaciq.com.

Would you like a by-law template and a deployment plan with a schedule? Visit our blog for more practical guides or contact our team for assistance adapted to your divided co-ownership.

FAQ – E-Bikes, Scooters and Lithium Batteries in Condos

• Can electric bicycles be completely prohibited in a building?
  Under the C.C.Q., a by-law must be reasonable and related to safety and the proper enjoyment of the premises. A total prohibition may be difficult to justify if less restrictive measures (e.g., a secure room or charging rules) are sufficient. Obtain legal advice before imposing a general prohibition.
• Can the syndicate require certified chargers or batteries?
  Yes. Requiring compliance (CSA/UL) is an objective and reasonable measure to reduce risks. The by-laws of the immovable can also prohibit modified, counterfeit or recalled batteries.
• What should be done with a damaged or abnormally hot battery?
  Stop using it immediately, isolate it in a safe place away from combustible materials, do not try to cool it with water and follow municipal disposal instructions. Notify the condominium manager and, if necessary, emergency services.
• Can charging inside the unit be restricted?
  The syndicate may impose reasonable safety conditions (non-combustible surfaces, co-owner present and original charger) and prohibit charging in exits. For further protection, set up a common charging room.
• Who pays for setting up a secure room?
  Usually, this is an expense relating to the common portions, planned in the operating budget or, depending on its scope, as part of an investment project. Document the board’s decision and, if necessary, submit it to the annual general meeting.

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

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