California Senate Bill SB 326

A Brief History

SB326, a California law, was implemented primarily as a direct response to the tragic balcony collapse in Berkeley, California in 2015, which resulted in multiple fatalities, prompting the need for stricter regulations to ensure the safety of exterior elevated elements (EEEs) like balconies, decks, and stairs in multi-family dwellings by mandating regular inspections and maintenance protocols to prevent future incidents like this from occurring.

1. What is Required?

• Inspections of balconies, decks, stairways, and similar structures on buildings with 3 or more units.

• The inspections ensure these elements are safe and free from hazards like decay or structural issues.

2. Who Can Perform Inspections?

• Only licensed professionals like architects or engineers can sign off on the final report, but our qualified and certified inspectors will work hand-in-hand to peformed the necessary inspections with the state-licensed architect or engineer. 

3. When Must Inspections Be Done?

• The first inspection is due by January 1, 2025.

• After that, inspections are required every 9 years.

• The inspection of buildings for which a building permit application has been submitted on or after January 1, 2020, shall occur no later than 6 years following the issuance of a certificate of occupancy. The inspection shall otherwise comply with the provisions of this section.

4. What Happens After Inspections?

• A detailed report is prepared and given to the HOA Board of Directors. 

• If urgent repairs are needed, the report must be submitted within 15 days, and emergency repairs must be done immediately.

• Non-urgent repairs need to be completed within 120 days unless extended by the city or county.

• The continued and ongoing maintenance and repair of the load-bearing components and associated waterproofing systems in a safe, functional, and sanitary condition shall be the responsibility of the association as required by the association’s governing documents.

5. What If Repairs Aren’t Made?

• Boards are empowered to initiate legal actions against developers or builders without restrictions in governing documents, except under specific conditions.

• These rules apply retroactively to claims initiated before the bill’s effective date unless resolved through settlement or final judgment.

6. What About Selling Properties?

• Inspections must be done before selling buildings or condominium(s).

7. Why Does This Matter?

• These rules are in place to keep tenants safe and ensure property owners maintain their buildings’ structural integrity.

8. Member Notifications?

• Before or shortly after filing certain legal actions, boards must notify association members and hold meetings to discuss the issues and potential financial impacts of litigation.

This law protects your tenants and ensures your building complies with safety standards, avoiding potential liabilities and penalties.