What’s up with the new balcony law for condos in California?
Understanding California's New Balcony Inspection Law (SB 326): What Condo Owners and HOAs Need to Know in 2025
In response to the tragic 2015 balcony collapse in Berkeley, California enacted Senate Bill 326 (SB 326), known as the "Balcony Inspection Law," to enhance the safety of exterior elevated elements (EEEs) in multifamily residential buildings. As the January 1, 2025, compliance deadline approaches, it's crucial for condominium owners and homeowners associations (HOAs) to understand the law's requirements and implications.
What Is SB 326?
SB 326 mandates regular inspections of EEEs—such as balconies, decks, stairways, and walkways—that are:
Elevated more than six feet above ground level
Designed for human occupancy or use
Supported in whole or in substantial part by wood or wood-based products
The law applies to condominium associations and other common interest developments with three or more attached units. It does not apply to detached single-family homes, duplexes, or buildings with fewer than three units. LinkedIn
Key Deadlines and Inspection Frequency
Initial Inspection: Must be completed by January 1, 2025.
Subsequent Inspections: Required every nine years thereafter.
For newly constructed buildings with a building permit application submitted after January 1, 2020, the first inspection is due within six years of receiving a Certificate of Occupancy.
Who Can Perform the Inspections?
Inspections must be conducted by a licensed structural engineer or architect. These professionals will assess a statistically significant sample of EEEs to ensure safety and structural integrity.
Inspection Process and Reporting
Scope: Visual inspections of load-bearing components and associated waterproofing elements.
Sampling: A statistically significant sample must be inspected to provide 95% confidence with a margin of error no greater than ±5%.
Reporting: Inspectors must prepare a report detailing the condition of EEEs, expected future performance, and any necessary repairs. This report should be incorporated into the association's reserve study.
Consequences of Non-Compliance
Failure to comply with SB 326 can lead to:
Increased Liability: HOAs may face legal liabilities for accidents resulting from neglected maintenance.
Financial Penalties: Local building departments can impose fines and recover enforcement costs.
Financing Challenges: Non-compliant properties may face difficulties obtaining financing or insurance.
Financial Implications for HOAs
Inspections and subsequent repairs can be costly. HOAs should plan accordingly to avoid unexpected special assessments. Regular reserve studies and proactive maintenance can help manage these expenses.
Steps for Compliance
Review Governing Documents: Determine responsibility for EEEs as outlined in your CC&Rs.
Hire Qualified Professionals: Engage a licensed structural engineer or architect to perform the inspection.
Conduct Inspections: Ensure inspections are completed by the January 1, 2025, deadline.
Incorporate Findings: Update your reserve study with the inspection report and plan for necessary repairs.
Maintain Records: Keep inspection reports and related documents for at least two inspection cycles.
By understanding and adhering to SB 326, condominium owners and HOAs can ensure the safety of their communities and maintain the structural integrity of their properties. Proactive compliance not only safeguards residents but also protects property values and minimizes legal and financial risks.