Quebec Condo Key Fees: Deposits and Access

Between managing physical keys, access cards (fobs) and garage-door remotes, syndicates often have to navigate sensitive questions: what fees may be charged, are deposits permitted, and how can disputes be avoided? In divided co-ownership in Quebec, the answer lies in clear rules that comply with the Civil Code of Quebec, along with transparent communication with co-owners and occupants.

This article provides a simple framework for establishing a sound access policy: reasonable fee schedules, refundable deposit terms, procedures for lost devices and sound administrative practices. You will find legal guidelines, practical examples and a sample procedure to adapt to your building.

What the law allows: the legal basis for fees and deposits

The syndicate administers the building, controls access to the common portions and oversees security. In this capacity, it may regulate the issuance of keys, cards and remotes, notably through the by-laws of the immovable and decisions of the board of directors (board), ratified at the annual general meeting when required. The applicable rules must arise from the declaration of co-ownership (DCV) and comply with the Civil Code of Quebec.

In practice, fees related to the production, replacement, programming and management of access devices are permitted if they are reasonable, justified and set out in a written rule known to the co-owners. Fees must not be punitive; they must reflect actual costs and the necessary administrative work.

A refundable deposit is also permitted for temporary cards, additional remotes or “master” keys (if your building uses them), provided that:

• the existence of the deposit, its amount and its refund conditions are clearly defined;
• the deposit is recorded in the syndicate’s financial records and refunded without undue delay when the device is returned in good condition;
• the rule does not infringe on the rights of use of the private portions and common portions.

Important: denying a co-owner access to their private portion or to emergency exits because of an outstanding balance exposes the syndicate to legal proceedings. The collection of condo fees (common expenses) must be carried out through the mechanisms provided for in the Civil Code of Quebec and the declaration of co-ownership, not by blocking access.

For more information:

• The general framework for divided co-ownership under the Civil Code of Quebec (by-laws of the immovable, common expenses and the syndicate’s powers) is available on LégisQuébec.
• The RGCQ publishes practical resources on adopting and enforcing by-laws.

External resources:

• Civil Code of Quebec – divided co-ownership (LégisQuébec)
• Regroupement des gestionnaires et copropriétaires du Québec (RGCQ)

Setting fair, workable fee schedules

A good fee schedule is simple, predictable and documented. It should distinguish between:

• Initial issuance to new co-owners/occupants (e.g., 1 or 2 keys and 1 access card included for the building’s standard uses, depending on the declaration of co-ownership and the by-laws);
• Replacements (loss, theft or damage outside the warranty);
• Additional devices (e.g., a second remote for an authorized additional parking space);
• Temporary cards or keys (short-term loan with a refundable deposit).

Factors to consider when calculating a reasonable fee:

• Direct costs: purchasing blank keys, RFID cards and remotes, key cutting, encoding and delivery;
• Indirect costs: management time (request, verification of identity and authorization, programming/deactivation, issuance and recording in the register);
• Risks and security: systems requiring individual programming, audits and inventories.

Operational best practices:

• Maintain a device register: serial number, unit, occupant’s name, date issued and returned, deposit collected and status (active/deactivated). The board of directors’ minutes may approve the register template.
• Limit the number of active devices per unit based on actual use (units, parking spaces and rooms). Any exception must be approved by the board of directors.
• Provide a receipt for every payment or deposit and specify the refund method (e-transfer or cheque) and the expected timeframe.
• Establish an emergency procedure for quickly deactivating a lost or stolen fob after notice from a co-owner.

To adopt and distribute such a fee schedule, centralize your documents on a page or in a digital binder and communicate the information clearly through an official notice and the co-owner portal. Need help structuring your policies? See our administrative management services

Deposits, penalties and interest: avoiding pitfalls

Always distinguish between a deposit and a penalty:

• Deposit: a refundable amount returned when the device is returned in good condition. It secures the issuance and encourages the device’s return.
• Penalty: a non-refundable amount provided for in the event of a breach (failure to return a temporary card, failure to return a “master” key, etc.).

Penalties must be provided for in the by-laws of the immovable or in a duly adopted resolution, remain proportionate and pursue a legitimate objective (security or administration). The Civil Code of Quebec allows a court to reduce a penalty considered excessive; remain measured, therefore, and clearly justify your fee schedule.

Interest and administrative fees: if your policy provides for interest on unpaid amounts (e.g., an unpaid replacement fee after 30 days), specify the rate, calculation basis and start date. Ensure consistency with your general rules for collecting assessments. To standardize your notices and follow-ups, see our financial management services

Be careful with set-offs: avoid “applying” a deposit against condo fees without clear written authorization. Account for deposits separately and refund them promptly when the device is returned. These practices reduce disputes and protect co-owners’ trust.

For reference on penalty clauses and judicial moderation, consult the Civil Code of Quebec on LégisQuébec.

Tenants, brokers and contractors: who pays what?

• Tenants: the syndicate generally deals with the co-owner-landlord. The co-owner remains responsible for the fees, deposits and returns. A deposit requested from a tenant falls under the private lease; the syndicate should require the co-owner’s written authorization before issuing a device. Remind occupants of the obligation to provide notice of occupancy and keep their contact information up to date.
• Brokers and transactions: upon sale, keys and cards are usually given to the buyer upon taking possession. Professional practices are detailed by the OACIQ.
• Contractors: for approved work, favour temporary cards with a refundable deposit and a clear expiry date. When changing a lock, verify the contractor’s licence on the Regie du batiment du Quebec (RBQ) website.

Lastly, remember that security comes first: a lost device must be deactivated without delay, even if fees remain unpaid. Collection mechanisms exist; do not expose the building to increased risk over a collection issue.

Sample procedure and access policy template

Here is a simple framework to adapt to your declaration of co-ownership and your circumstances:

1. Purpose and scope
   • Define the devices covered (keys, fobs, remotes and temporary cards).
   • Restate the objectives: security, traceability and equitable access.
2. Basic fee schedule
   • Initial issuance (quantities per unit; mention of parking spaces and special cases).
   • Replacement (direct costs + reasonable administrative fees).
   • Authorized additional devices and per-unit limits.
3. Deposits and penalties
   • Deposit amount and the terms for holding and refunding it.
   • Penalty for non-return or improper damage (reasonable and justified).
4. Operational process
   • Request form (identity, co-owner’s authorization and proof of occupancy).
   • Verification by the condominium manager and approval by the board of directors if necessary.
   • Programming/deactivation and issuance against signature.
   • Updating the register and issuing the receipt.
5. Loss, theft or damage
   • Written notice required; immediate deactivation of the lost or stolen device.
   • Replacement upon request; reminder of applicable fees.
6. Controls and audit
   • Annual inventory of active devices.
   • Report to the board of directors and entry in the minutes.
7. Effective date
   • Effective date, communication to co-owners and publication on the portal.

Looking for form templates and turnkey implementation? Browse our blog for practical guides and case studies: https://www.multirent.ca/blogue/

Useful resources for developing your policy:

• Civil Code of Quebec – divided co-ownership (LégisQuébec)
• RGCQ – Resources for syndicates and boards of directors
• OACIQ – Brokerage oversight (transactions and key handovers)

Frequently asked questions

Q1. Can the syndicate require a refundable deposit for an access card?

Yes, if the rule is clear, reasonable and adopted in accordance with the declaration of co-ownership and the by-laws of the immovable. The deposit must be recorded, refunded promptly when the device is returned in good condition and not used to circumvent the mechanisms for collecting common expenses.

Q2. Can a garage-door remote be withheld from a co-owner who is behind on payments?

No, denying a co-owner access is not a collection tool. Instead, use the remedies provided for in the Civil Code of Quebec and the declaration of co-ownership (notice, interest, formal demand and court recovery if necessary). Access to the private portions and common portions must be maintained, as must security.

Q3. Who pays if the locks on the common-portion doors are changed for security reasons?

When a change is decided on for the building’s security, the syndicate generally covers the issuance of one equivalent initial device per unit (replacement key or card). Additional or replacement devices requested by a co-owner may be charged according to the adopted fee schedule. Overall security-related costs may form part of the common expenses, subject to your declaration of co-ownership and the applicable resolutions.

This article provides general information and does not constitute legal advice. For your situation, consult a lawyer or notary.

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