Can our board ban e-bikes because of the risks posed by lithium-ion batteries?
“All the indications are that lithium-ion batteries can cause fires if they are not handled correctly and a board has the right to impose restrictions on their use by amending the building’s house rules,” says New York City real estate attorney Steven Wagner, a partner at Adam Leitman Bailey, P.C. who represents tenants and apartment owners, as well as co-op and condo boards.
Depending on how the e-bikes or e-scooters are being handled by residents, restrictions may already be in place to curtail their use. For example, if a resident is bringing in e-bikes for repairs or offering charging services in their apartment, both activities would typically be prohibited by zoning resolutions and can be confirmed by the building’s certificate of occupancy.
The NYC Council is also currently considering further regulations on this issue.
However, your board can make a prohibition more explicit with house rule amendments, going as far as banning electric mini-vehicles, or prohibiting the use and charging of lithium-ion batteries.