Probably not.

However, that does not mean an owners corporation is powerless. A carefully drafted by-law can help improve safety by regulating how e-bikes and lithium batteries are charged, stored and used within the building.

As e-bikes and e-scooters become increasingly popular across New South Wales, many owners corporations and strata managers are reviewing their by-laws to ensure they address these emerging issues in a way that is practical, reasonable and enforceable.

If We Can’t Ban E-Bikes, What Can We Do?

There is no standard by-law that will suit every building. The appropriate provisions will depend on the characteristics of the scheme, its residents and the available facilities.

However, there are a number of issues every owners corporation should consider when reviewing its by-laws.

What Should an E-Bike and Lithium Battery By-Law Cover?

There is no standard by-law that will suit every building. The appropriate provisions will depend on the characteristics of the scheme, its residents and the available facilities.

Unless a building has a dedicated charging area designed for e-bikes and e-scooters, charging on common property should generally be prohibited. A by-law may also regulate the use of any dedicated charging facilities provided by the owners corporation.

A well-drafted by-law should promote safe charging and storage practices. This may include requiring residents to use only the manufacturer’s approved charger, prohibiting the charging or storage of damaged or modified batteries, restricting unattended or overnight charging, and preventing e-bikes or lithium batteries from being stored in fire exits, hallways or other evacuation routes.

Finally, any by-law should be practical, reasonable, and capable of being enforced consistently. The objective is not to prohibit e-bikes, but to reduce risk by encouraging their safe charging, storage and use.

Every Building Is Different

There is rarely a “one size fits all” solution.

A six-lot building with open parking may require a very different approach to a high-rise apartment building with basement bicycle storage, dedicated charging facilities and hundreds of residents.

Before adopting a new by-law, owners corporations should consider:

the design of the building;
existing fire safety systems;
insurer requirements;
available charging facilities;
the use of common property;
the needs of residents; and
whether the proposed by-law will be practical and enforceable.

The most effective by-laws are those that are tailored to the particular building and strike an appropriate balance between improving safety and allowing residents to reasonably enjoy their own lot and the common property.