Can an HOA ban e-bikes? Given the upward trend of electric bicycles today, HOAs face many such vehicles within their communities. However, there is a real risk of fire associated with e-bikes, sparking concerns among homeowners. However, whether or not an HOA can ban these bikes isn’t always so cut and dry.
Can an HOA Ban E-Bikes?
It is not uncommon for homeowners associations to have vehicle restrictions written into their governing documents. Typically, these restrictions cover commercial vehicles, boats, trucks, and other unconventional modes of transportation in a residential community. However, given that most CC&Rs were written before e-bikes became popular, there are usually no restrictions that cover them.
Of course, that does not mean that there are no HOAs that regulate the use and storage of these vehicles. There have been many cases of an HOA banning e-bikes. A mixture of reactions from homeowners usually meets such a move. Some applaud the restriction, noting the fire risks involved. However, others, particularly those who own e-bikes or rely on them for work, fight back.
Whether or not an HOA can ban e-bikes depends on state or local laws and the association’s governing documents. Board members should review the laws in their state or local area, as there may be provisions that prevent them from prohibiting e-bikes within their community.
An HOA’s authority to ban e-bikes will likely come from its CC&Rs. Most CC&Rs prohibit nuisances, activities that endanger the health and safety of residents, or risks to common area property. An HOA board may be able to regulate e-bikes under these provisions, but it is still best to amend the CC&Rs to include e-bikes specifically.
Understanding the E-Bike Fire Risk
One major concern stems from allowing e-bikes in HOAs is the potential for fires. People feel apprehensive about having e-bikes in their neighborhoods because of the growing issue surrounding lithium-ion batteries, which many e-bikes run on. In fact, according to the Consumer Product Safety Commission, fire accidents involving lithium-ion batteries led to the deaths of 19 people in the United States from 2021 to 2022.
Experts recommend that HOAs safeguard their communities by banning e-bike use in all buildings. Condominiums, in particular, are more at risk, as e-bikes are usually charged and stored within the confines of individual units. Furthermore, fires can spread more easily and quickly in condominium setups.
Some property management companies have already banned e-bikes within their buildings. Colleges and universities nationwide have also started prohibiting their students from using or charging electric bikes on their campuses.
The New York City Housing Authority even proposed a ban on e-bikes recently. However, the move received widespread opposition from delivery workers, who used the bikes for their livelihoods. The NYCHA chose to limit e-bikes instead, placing restrictions as a compromise.
Ensuring E-Bike Safety in HOA Community
An HOA will understandably encounter pushback when considering an e-bike ban. Residents will argue that they use e-bikes as a source of income. Others will say that banning e-bikes discourages the use of eco-friendly transportation.
If a complete ban on e-bikes is not possible, an HOA can target the risks and enact reasonable restrictions instead. The fire risk associated with e-bikes largely boils down to flawed batteries or incorrect charging measures. While e-bike batteries will likely evolve soon enough to address this risk, HOAs can’t wait until then to take action.
Here are, at minimum, the restrictions that HOAs can place on e-bikes:
- Residents must only buy e-bikes that a qualified testing laboratory has certified and approved.
- Residents must use only the cord and power adapter designed to charge the e-bike. A qualified testing laboratory should have certified and approved this equipment, including the batteries and other charging items used.
- Residents must adhere to the manufacturer’s instructions for using, charging, and storing the e-bike and its equipment.
- Residents must store the batteries and devices away from direct sunlight and at room temperature.
- Never leave the electric bikes charging without supervision.
- Unplug the e-bike once it has fully charged. Never let it charge beyond that.
In addition to the above restrictions, HOAs should also enact the following rules:
E-bike owners must purchase and maintain insurance for their vehicles and sign a document indemnifying the HOA against any damages resulting from the use of the bikes.- Allow the use of e-bikes only in designated areas within the community and during certain hours of the day.
- E-bike riders must follow a specified speed limit to ensure their own safety and that of others.
- E-bike riders must always wear safety gear, including helmets and reflective clothing.
Modifying HOA Insurance to Cover E-Bikes
Homeowners’ associations face potential liability when they permit using and storing e-bikes. If an HOA board plans to advance with this decision, it must cover all its bases. In addition to enacting the above rules, an HOA should carry additional insurance coverage (if necessary).
Board members should ask their insurance provider or agent if they need extra coverage or additional riders. Due to the popularity of e-bikes, new insurance requirements and potential exclusions may already be in place. Furthermore, HOA boards should consult with their community manager and attorney for guidance.
Can an HOA Ban E-Bikes? Answered!
Homeowners want to enjoy their investments and live happy lives within their HOA communities. Sometimes, that involves buying and using e-bikes, whether in a recreational sense or as a way to make extra money. E-bikes, though, pose a serious threat to an HOA, not just in the way of safety from fires but also the potential liability that comes with it. As such, an HOA should consider prohibiting e-bikes or, at the very least, enacting restrictions surrounding them.
Cedar Management Group can help homeowners associations and condominiums navigate the ins and outs of e-bike restrictions. Call us today at (877) 252-3327 or contact us online to learn more!
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