CURRENT LANDSCAPE

The impact of lithium-ion batteries and e-bikes on condominiums is becoming increasingly evident.

In 2023, the number of lithium-ion battery-related fires in Toronto increased by 90% compared to 2022. This year, there have already been 15 fires involving lithium-ion batteries; seven of which related to micromobility devices.^[1] In 2023, New York City reported 267 fires resulting in 18 deaths and 150 injuries.^[2] Vancouver also saw a significant increase in fire-related incidents, with a 500% rise in calls since 2016 and a 119% increase in fire deaths between 2021 and 2022.^[3]

These statistics underscore the need for safety measures to protect residents and property from the dangers posed by lithium-ion batteries.

IDENTIFYING CAUSES – THERMAL RUNAWAY

Lithium-ion batteries are the hidden heroes that power our everyday devices, from laptops to smartphones, and now, e-bikes. But just like any powerful tool, they require proper handling.

The devices that house these batteries are often subject to conditions such as vibration, water exposure, and impacts from bumps or falls during regular use, heightening the risk of damage to the batteries. If the batteries become impaired or defective, they can undergo a phenomenon known as “thermal runaway”.^[4]

Thermal runaway involves uncontrollable self-heating, potentially leading to smoke, fire, toxic emissions, or even explosions.^[5] Not exactly the picture of serenity we crave in our condominium havens.

However, there are ways to minimize the risk and keep those sparks at bay.

MANAGING THE RISK

Pursuant to Sections 26 and 117 of the Act, condominiums have a duty to ensure that no condition exists, and no activity is conducted on the common elements that is likely to damage the property or cause injury to an individual. Should an accident occur on the common elements, condominiums are deemed to be the “occupier” for liability purposes. This duty as the occupier of the common elements is also confirmed at Section 3 of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2, (the “OLA”).

Similar to the Act, Section 3 of the OLA imposes an affirmative duty on condominiums to ensure that the common elements are reasonably safe by taking reasonable care to protect all persons from foreseeable harm while on the common elements. The standard of care expected of condominiums as the occupier of the common elements is one of reasonableness, not perfection.^[6] Thus, condominiums do not have a duty to provide safety in all circumstances, but rather a duty to use reasonable care to prevent injury and damage from dangers that are known or ought to be known.

Therefore, Boards must be aware of these risks to decide on the most appropriate approach to address same. This includes balancing the desire of residents who depend on e-bikes as a method of transportation, with the safety of all residents.

Section 58(1) of the Act permits Boards to make or amend rules respecting the use of units, the common elements, or the assets of condominiums to promote the safety, security, or welfare of the owners and the property or assets.

IMPLEMENTING RULES SURROUNDING E-BIKES

Outright bans on e-bikes are unlikely to be legally feasible due to their integration into modern transportation systems and the definition of “electric vehicle” under the Act and regulations.

Therefore, condominiums should explore solutions to address the issue and manage the risk of charging e-bikes.

Such rules should:

1. Identify certified products: Ensure devices and batteries are certified under safety standards recommended by UL or another qualified testing laboratory.
2. Avoid damaged batteries: Ensuring that batteries are not swollen, dented, or otherwise damaged.
3. Provide safe storage and charging practices: Establish safe storage and charging practices, avoiding second-hand or recalled products.
4. Designate Charging Zones and Storage Solutions: Designate charging areas equipped with fire safety features to significantly reduce risks. Secure bike rooms with proper ventilation, located away from common areas or resident units.
5. Communicate and inform owners: Educating residents about safe e-bike practices and the importance of adhering to condominium rules goes a long way in preventing mishaps.

We also recommend that Boards review their condominium declaration’s indemnity provisions to ensure they are comprehensive and allow for chargebacks for compliance costs and damages caused by an owner’s failure to operate their e-bike in accordance with the rules. If you’re unsure if your indemnity provision is comprehensive – reach out to your condominium lawyer.

THE FUTURE IS ELECTRIC

E-bikes are here to stay, and condominium communities must adapt. By working together, Boards, property managers, and owners can create a safe and harmonious environment for everyone.