Question: Can a Queensland body corporate restrict storage and charging of e-bikes and e-scooters based on whether they are legal and compliant?
Our body corporate is looking to strengthen our by-law on e-bikes and e-scooters. The by-laws were prepared by solicitors.
Occupiers currently wanting to charge an e-bike or e-scooter must:
- apply in writing
- have an F500 fire extinguisher and a lithium-ion blanket in the apartment
- agree to indemnify the Body Corporate
- the e-bike or e-scooter charger must be to the Australian Standard
We have three designated areas for e-bikes, e-scooters, etc., which makes it easy to know of e-bikes and e-scooters.
The body corporate would like the bylaw also to include:
- the e-bike or e-scooter must be legal in Queensland and meet the Australian Standard.
There are two types of e-bikes allowed in Queensland:
- EPACs (Electrically Power Assisted Cycles)
- 200-watt e-bikes.
The body corporate believes that an e-bike or e-scooter should meet the definition of an EAPC (Electric Power Assisted Cycle).
If an owner’s e-bike exceeds the definition, for example, a 1000 watt e-bike, could the body corporate be within its rights to not approve the device to be stored on the lot and or common property and / or not allow the device to be charged in a lot or on the common property?
Answer: Regardless of who drafts the by-law and whether it has majority support of owners, it can be challenged (and overturned) in the Commissioner’s Office.
Frank Higginson, Redchip Strata Law:
I think a few bodies corporate are getting ahead of themselves here with respect to these sorts of conditions. Leaving aside whether the types of conditions are reasonable, there is a real question over enforcement. How does a body corporate even know someone has an e-bike or e-scooter in their apartment? Is someone sitting there watching CCTV? How does the body corporate get access to confirm it? By-laws cannot impose monetary liabilities, either, which is what I think an indemnity is. This is not simple territory.
Chris Irons, Strata Solve:
We’re not sure how relevant the Queensland Government’s forthcoming legislative changes are to your query. Here’s a summary of the changes: Kids to be banned from riding e-mobility devices in Qld under proposed laws. We’re not aware of any proposed, consequential changes to strata legislation which are included as part of this announcement.
Putting that to one side, the fact remains that for a by-law to be valid, it must be consistent with section 180 of the Body Corporate and Community Management Act 1997. Frank has raised some (we think) very valid points about the potential problems you may run into in this regard with your proposed by-law: you must always keep in mind that, regardless of who drafts the by-law and whether it has majority support of owners, it can be challenged (and overturned) in the Commissioner’s Office.
By-laws are an essential tool by which a body corporate regulates activity at the scheme, yet they become effectively meaningless if they are impractical to enforce. Re-read Frank’s comments above, and then consider further the practicality of what you are suggesting.
This is general information only and not legal advice.
This post appears in Strata News #787.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
In our BC, We have a Tennant in an apartment that is assembling e-bikes in his garage for selling on-line, and in his shop down the road!!