How are e-bikes, e-scooters and similar devices charged?

Devices, such as e-bikes, use electricity to charge their special batteries to power their motors, which assists in peddling. Unlike electric automobiles that require a significant electrical infrastructure installed by a qualified electrician, e-bikes generally need only their charger and a standard 120-volt electrical outlet to recharge their batteries.

What are the risks of charging these devices?

In this case, “risk” refers to the chance an electronic device – or its battery and/or charger – will fail in some way, possibly causing building damages. For example, some lithium-ion batteries when over-charged can present a fire risk.

When used properly, these batteries are not a significant risk or concern for strata or condominium corporations. However, following proper charging protocol is imperative. Safety tips include:

  • Only use the charging equipment supplied by the manufacturer for that device.
  • If replacement parts are needed, source them from reputable suppliers that can provide new manufacturer’s replacement parts.
  • Ensure charging is done in accordance with all manufacturer’s instructions.
  • It may be prudent to partially charge the battery (e.g., 30% -50%) instead of fully charging it.
  • If any electrical or wiring changes are required to use the device’s charger, make sure the work is done by a professional electrician in accordance with the manufacturer’s instructions and / or the Canadian Electrical Code.
  • Charge the device or battery in a dry, sheltered location that is free from clutter or materials easily ignited by heat.

Has charging these devices contributed to any significant fires?

Yes. Charging batteries for e-bikes, e-scooters, and other battery-powered devices (e.g., power tools) have been implicated in several significant fires known to HUB. While pinpointing an exact cause of a fire can be difficult, incidents that included electronic equipment proved to be either a contributing factor or the main cause of the fire.

Fires resulting from improper e-equipment usage include:

  • Overloading a power outlet with chargers / plugs for various devices at the same time.
  • Using after-market, second-hand, jury-rigged, or makeshift charging equipment that failed.
  • Keeping combustible materials (e.g., clothing, towels, papers, etc.) in close contact with a charging device and / or battery.

If the charging, use or presence of an e-bike or other electronic device owned by an owner / tenant causes a loss, can the corporation hold that owner responsible?

It is possible, but not for any amounts otherwise recoverable under the corporation’s insurance policy. Under most strata and condominium property insurance policies – and more importantly under relevant legislation – owner, tenants and occupants are considered named insureds under the policy. The corporation cannot make an owner or tenant responsible for costs recoverable under the corporation’s policy – whether the corporation wants to make a claim or not. Likewise, the corporation’s insurers would have no recourse to recover from an owner or tenant even if their actions contributed to a loss.

Regarding the corporation’s deductible, its bylaws may allow for recovery of that amount from an owner. Likewise, if the corporation incurs costs to repair property that it is responsible for repairing, and those costs are below the policy deductible, its bylaws may allow them to recover from an owner.

Note: If the loss was caused by a deficiency or failure of the device itself, the corporation or its insurers may be able to recover the costs of the loss from the manufacturer. Make sure that all material evidence is preserved for examination. However, it is unlikely a successful argument for recovery can be made if a device is used in a way contrary to the manufacturer’s instructions.

Should a corporation or other building owners provide occupants with a safe space to charge and store their e-bikes to minimize risk?

Some corporations may want to offer charging or storage solutions to their residents, such as a dedicated space. (For example, allocating or assigning common property or limited common property within a parkade to an owner, owners or all.) While this may minimize the risk of charging in an unsafe area or reckless manner (e.g., around combustibles, inside a closet, outside on a deck, etc.), it introduces new challenges and risks to corporations such as:

  • Difficulty making sure charging is done with the correct equipment and in accordance with manufacturers’ varying protocols.
  • Providing and maintaining a safe and secure area for the storage of potentially expensive equipment.
    • Remember, corporations typically do not directly insure this equipment.
    • A corporation’s liability policy may respond should it be alleged responsible for equipment loss or damage.

If a corporation or building owner is thinking about providing storage or charging space for e-bikes, legal counsel should be consulted to review its bylaws and draft any usage agreement language. Such agreements should be written in clear language and include indemnification and waiver of liability language to protect the corporation in the case of damage, injury, theft, etc.

Disclaimer: This bulletin is intended to provide readers with general information only. Readers are urged not to rely solely on the content of the bulletin, but to consult with appropriate professionals on a case-by-case basis.