Scooter and Bike Parking
Some associations prohibit the storage of bicycles on balconies because it is unsightly. 
To encourage bike riding, associations provide secure storage, such as chain-link enclosures in the parking structure. Boards often charge rent to owners who want a storage room or a parking space for their exclusive use. However, open (unassigned) parking for bicycles and scooters in designated areas is usually provided without charge. A user fee for non-exclusive parking would probably fall under Civil Code § 5600(b). Such fees may not exceed the amount necessary to defray the costs for which they are levied, i.e., they may not be treated as profit centers for the association. The association can require decals on bicycles and scooters to contact owners if there are problems. However, the association can only charge a reasonable amount to cover the cost of the decals.
E-Bikes on Trails
Associations can regulate or prohibit e-bikes on trails. The average cyclist goes about 12 mph on a regular bicycle. E-bikes (electric-assisted bicycles) come in all shapes, sizes, and speeds--some can achieve speeds up to 28 miles per hour under motor assistance. Level-2 e-bikes are not limited to 20 mph. Instead, it's the speed at which the electric motor stops assisting the rider. The e-bike can still go as fast as the person can pedal. Because of the motor assist, e-bikes help cyclists maintain a higher average speed. One European study found that e-bike riders had much higher average speeds than regular cyclists. A study by Reuters Health News found that "powered bikes carry a higher risk of severe injuries than traditional bicycles." If an association decides e-bikes create unsafe conditions, it can restrict them from paths and trails.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.
