Skateboards & Bicycles
Associations may not prohibit children from playing, skateboarding, or riding bikes or scooters in driveways or other areas. Federal and California courts have applied anti-discrimination laws to community associations prohibiting them from discriminating against families with children unless there is a legitimate health, safety, or business reason for doing so. Any rule that singles out children may be considered discriminatory. A rule prohibiting children from roller skating or riding bikes in the complex would be considered discriminatory. (See U.S. v. Plaza Mobile Estates.)
A rule that prohibits everyone (of all ages) from roller skating or rollerblading in the complex has a better chance of surviving scrutiny--but not necessarily. In a 2003 case entitled Housing Rights Center v. Rivera Town Homes #CV 02-5163PA (C.D. Cal. Feb. 2003), seven families sued their condominium association, alleging discrimination based on familial status because the association prohibited children from playing in the common areas. The Federal Court ordered the association to pay $130,000 in damages and to repeal its rules against children. In addition, the association agreed to a two-year anti-discrimination training program for its staff, management company, and board members. Examples of discriminatory rules include the following:
- Children cannot loiter or play in the lobbies, hallways, stairways, atrium, or elevators. (Presumably, adults can loiter and play in these areas.)
- While in front of the building, children must be well-behaved and not disturb other homeowners. (But it's okay for adults to misbehave and disturb other owners.)
Rules restricting skateboarding, rollerblading, and bicycle riding may be applied to specific areas that represent a threat of injury or damage, such as (i) indoor hallways due to damage to carpet and potential injury to owners exiting their front doors (provided it applies to everyone), (ii) parking structures (potential injury from traffic and potential damage to parked vehicles), (iii) around swimming pools, and (iv) blind intersections.
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 regular bicycles. 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 speed 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. Your board can institute a test period with appropriate rules to see if e-bike riders create hazardous trail conditions. If there are no complaints, e-bikes could be allowed. If most riders are safe but one is reckless, the one could be suspended from using his/her e-bike on trails.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.
