Electric bikes (“e-bikes”) and electric scooters (“e-scooters”) are becoming increasingly popular in condominium and HOA communities. These types of bikes and scooters are fueled in part by a battery which provides convenience, eco-friendliness, and a fun way to get around. For condominium and HOA boards, however, the rise in use of these recreational devices also brings new challenges—especially when it comes to safety, liability, and the wellbeing of residents within the community. If your board is considering restrictions or outright bans on e-bikes or e-scooters, below is information to consider before making any decisions.

1. Understanding the Legal Landscape in Ohio for e-bikes and e-scooters.

           Ohio Revised Code §4511.01 defines an e-bike as a bicycle equipped with fully operable pedals and an electric motor with a maximum of 750 watts which meets all Class 1, 2, and 3 performance standards. In Ohio, e-bikes are classified into three categories based on speed and motor assistance. Class 1 e-bikes are pedal assist only, with assistance stopping at 20 mph. Class 2 e-bikes are throttle and pedal assist, with assistance stopping at 20 mph. Class 3 e-bikes operate with pedal and throttle, with assistance stopping at 28 mph. Only Class 3 e-bikes are required to be operated by those individuals 16 years of age or over while wearing a helmet. No insurance or license is required for any of the e-bikes in Class 1, 2, or 3.  Altering the speed limiter or battery on an e-bike to allow for higher speeds may subject that e-bike to statutory requirements for a motorized vehicle (license and insurance required, roadway use only, etc.). Class 1 and 2 e-bikes, unless restricted by local ordinances, are generally allowed on bike paths and shared use paths. Class 3 e-bikes are generally restricted to use only on paths adjacent to roadways where permitted.

            Ohio Revised Code §4511.01(WWW) defines an e-scooter as a low-speed micromobility device and as a device weighing less than one hundred pounds that has handlebars, is propelled by an electric motor or human power, and has an attainable speed on a paved level surface of not more than twenty miles per hour when propelled by the electric motor. The operational statute Ohio Revised Code §4511.514 provides e-scooters with broad access to public streets, highways, sidewalks, bike lanes or bike paths, and shared use paths. 

            Because of concerns related to safety, liability, and the overall wellbeing of the residents in the community, private communities—like condominiums and HOAs—can adopt rules and regulations or amend the governing documents for use restrictions related to e-bikes or e-scooters within the common areas. Boards have the authority, under most governing documents, to regulate or restrict the use of e-bikes and e-scooters in shared spaces such as: parking areas, roadways (if roadways are owned by the association), sidewalks, shared use paths within the common areas, and if within a high rise building, hallways, lobbies, and the parking garages.

2. Municipalities and Associations- Common Concerns.

           Many Ohio condominium associations and HOA’s are considering limits or bans on the operation of e-bikes and e-scooters within the community due to safety risks potentially caused by high speeds within pedestrian areas resulting in a greater risk of injury to residents in the community. Another concern is because of the lithium-ion batteries that fuel these e-bikes and e-scooters, there is a risk of fire if the battery is not properly stored and managed while charging. Many municipalities are experiencing the same issues related to the increasing popularity of these recreational devices for the same reasons and have placed restrictions on where these devices can be used, maximum speed limits, age of the rider, and other restrictions appropriate for their communities. 

3. Options for Boards

           Ohio condominium associations are permitted to restrict or ban e-bikes and e-scooters based on the provisions within the governing documents and Ohio Revised Code §5311.081(B)(4) an (5).  HOA’s are permitted only to adopt rules which are consistent with the restrictions in the declaration. Ohio Revised Code §5312.06(D)(5) allows the Board to adopt and enforce rules that regulate the maintenance, replacement, modification, and appearance of the common areas, and other rules as the declaration provides. If necessary, associations can amend the declaration to provide for limitations or bans on e-bikes or e-scooters within the community. Specific and detailed language must be written into the rules or amendments to be sure they are objective and enforceable.

           Rather than an outright ban of e-bikes or e-scooters, associations may adopt controlled use policies that balance the convenience and popularity of these devices with community safety and liability. For instance, associations may look at parking and charging areas designed for e-bikes and e-scooters, limiting the areas where e-bikes and e-scooters can be used, prohibit any use indoors, and provide for rules related to safe storage and charging of the batteries. As with all rules, however, boards should consider issues of enforceability when drafting and adopting restrictions on these matters.

           Whether a board chooses to entirely restrict or chooses to regulate and accommodate the use of e-bikes and e-scooters, the goal should be to keep your community safe, harmonious, and forward-thinking. Please reach out to the attorneys at Williams & Strohm, LLC to discuss options related to e-bikes and e-scooters in your community at (614) 228-0207.