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March 27, 2024

Understanding The HOA Balcony Law (SB 326) And Its Implications For Property Owners And Homeowner Associations

UPDATED December 6, 2024

Governor Newsom signed Senate Bill No. 326 (SB 326) into law on August 30, 2019, adding two new sections to the Civil Code. This law, also known as the Balcony Law, was designed to prevent future collapses by ensuring the structural stability of condominium decks, balconies, and walkways. The law applies to all HOAs or condominium complexes with at least three attached units.

Requirements Of SB 326 Balcony Law In California

Some of the requirements of the SB 326 law include the following:

  • Covered HOAs must complete initial SB 326 inspections no later than December 31, 2025.
  • Subsequent inspections must be completed at least once every nine years.
  • Inspections must be completed by licensed structural engineers, architects, licensed general contractors, or certified building inspectors.
  • All exterior elevated elements (EEEs) “supported in whole or in substantial part by wood or wood-based products” that are 6 feet or more above ground level must be inspected.
  • The waterproofing systems for each EEE must also be inspected.
  • Inspectors are required to visually inspect a “statistically significant sample” of a building’s EEEs.
  • After a visual inspection, the inspector determines whether further testing is warranted and is required to report any imminent dangers to life and safety.
  • The inspector must prepare a signed, detailed report and present it to the HOA board with the repair recommendations.
  • The HOA board must then budget for the repairs and complete them.
  • A minimum of 15% of each balcony design must be inspected. For instance, in a complex with 80 balconies—50 units with 8×10 balconies and 30 units with 6×12 balconies—8 of the 8×10 balconies and 5 of the 6×12 balconies would need to be inspected to satisfy the requirement. This helps to significantly lower the overall inspection costs for the property owner.

Implications Of Non-Compliance

If you don’t comply with the new law, the code enforcement arm of your local building department can assess fees, recover enforcement costs, and enforce liens against non-compliant properties. Additionally, failing to complete the required SB 326 inspections and repairs could expose you to liability. If the inspections are not completed, condo owners could lose their liability protection extended by their insurance companies for personal injury claims.

Who Can Perform SB 326 Inspections

All SB 326 inspection findings must be visually observed and confirmed by a licensed architect or engineer. If repairs are needed, the person completing the inspection cannot also be the party performing the repairs.

Methods Used During SB 326 Inspections

Here are some of the common methods and tools used when performing SB 326 inspections:

  1. Visual Inspection: The visual inspection is the first and most important component of an SB 326 inspection. The inspector will visually inspect the exposed surfaces of all of the load-bearing elements, their attachment points, guardrails, and how the various components integrate.
  2. Endoscopic Testing: This is a less invasive inspection method that involves drilling a small hole in the underside of the soffit and using borescopes (endoscopic cameras) to inspect the interior of the structure.
  3. Moisture Sensors: These are used to check for moisture intrusion, which can lead to dry rot.

Essential Balcony Inspection Checklist For Safety And Compliance

A balcony inspection checklist is a detailed guide used to assess the structural integrity and safety of balconies. It typically includes visual inspections for signs of damage, such as cracks, rot, or rust, checking the condition of waterproofing, fasteners, and connectors, and ensuring guardrails and handrails are secure. It also evaluates load-bearing capacity to ensure the balcony meets safety standards. Regular inspections and proper documentation are essential for compliance with local regulations like SB 721 and SB 326.

Preliminary Information For Balcony Inspection

The streamlined format below captures all essential details needed for a comprehensive balcony inspection while reducing unnecessary complexity. It organizes the key information, such as property details, inspection logistics, building specifications, and orientation, into a clear and concise structure. This approach helps ensure that all relevant data is easily accessible and ready for the inspection process without overwhelming property managers or inspectors with excessive details. By focusing on clarity and efficiency, it makes the inspection preparation smoother and more manageable.
  1. Property Details: Address, City
  2. Owner/Manager Information: Property Owner/Operator, Management Contact
  3. Inspection Details: Date, Time, Inspector
  4. Building Specifications: Type of Building, Approximate Age, Number of Stories, Units with Elevated Features
  5. Building Orientation: Notable exposure to west and south sides

Now, here’s a summary of a balcony compliance checklist:

  1. Visual Inspection: Look for signs of wear, rot, or structural damage.
  2. Waterproofing: Check for proper sealing and water damage.
  3. Guardrails and Handrails: Ensure they are secure and meet safety standards.
  4. Fasteners and Connectors: Inspect screws, bolts, and other attachments for rust or corrosion.
  5. Load Capacity: Confirm the balcony can support required weight limits.
  6. Documentation: Keep records of inspections and repairs.
For exterior elevated elements (EEE) that are 6 feet or more above ground, be sure to take note of:
  1. Walkways: Total number of elevated walkways
  2. Decks: Number of decks exceeding 6 feet above ground
  3. Stairways: Count of stairways
  4. Stairway Landings: Number of landings connected to stairways
  5. Balconies: Total number of balconies elevated over 6 feet

At the end of the balcony inspection, you’ll be able to assess the overall condition of the project and clearly understand the necessary next steps for repairs or maintenance with labeling as:

  1. Urgent Attention: An immediate hazard has been detected and requires swift action.
  2. Repairs Needed: The inspected element is faulty and should be repaired promptly.
  3. Maintenance Required: Some maintenance is necessary, though there is no current safety threat.
  4. Good Condition: The element is functioning properly, with only typical wear and tear observed.

How Pasquini Engineering, Inc. Can Help

The HOA Balcony Law (SB 326) is a crucial piece of legislation that aims to protect property owners from building defects and keep residents safe from hazards due to construction flaws. It is essential for all HOAs to understand and comply with this law to avoid fines, fees, and potential liabilities.

If you need more information about SB 326 or assistance with compliance, please contact Pasquini Engineering, Inc. Our team of experts is here to help you navigate the complexities of this law and ensure the safety and integrity of your property.

 

DISCLAIMER: Pasquini Engineering, Inc. is licensed to work in the following states: California, Oregon, Florida, Arizona, Nevada, and Texas. All the information on Pasquini Engineering, Inc. is published for general information purposes only, and will not be liable for any losses and/or damages in connection with the use of our website. By using our website, you hereby consent to our disclaimer and agree to its terms. 

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