What does SB 326 require of my condo HOA for balconies and decks?
Short answer
SB 326, now Civil Code Section 5551, requires condominium associations in buildings with three or more units to have a licensed structural engineer or architect inspect a statistically significant sample of the wood-supported balconies, decks, stairs and walkways more than six feet above grade, on a recurring cycle, and to fold the findings into the reserve study. If the inspector finds an immediate safety threat, the association must act right away. This is consumer information. The statute and your association documents are the authority.
Who it applies to
SB 326 covers common interest developments, meaning condominium projects governed by an association, where a building contains three or more multifamily dwelling units. Rental apartment buildings are governed instead by SB 721. If you own a condo in a two-story or three-story wood-framed building in Carlsbad or elsewhere in North County with private balconies or shared exterior walkways, this is very likely the law that applies to your association.
The elements covered are the same family as in the other law: balconies, decks, porches, stairways, walkways and entry structures that extend past the exterior walls, sit more than six feet above the ground, are meant for people to use, and depend substantially on wood for support. The law treats the load-bearing components and the waterproofing that protects them as one system.
What the inspection involves
The inspector must be a licensed structural engineer or a licensed architect. That is a narrower list than SB 721 allows. The inspector selects a random sample of the elements large enough to be statistically significant, with the confidence level and margin of error written into the statute, and examines them by visual inspection and whatever further methods are needed to assess the condition of the load-bearing wood and the waterproofing. In practice that often means moisture readings and borescope probes through small openings in the soffit.
The report is signed and stamped by the inspector and must describe the current condition of the elements, the expected future performance and remaining useful life, and recommendations for repair or replacement. The association incorporates the report into its reserve study, which is how the cost of future balcony work gets planned for rather than discovered.
- Licensed structural engineer or architect only
- Statistically significant random sample
- Visual plus further methods as needed
- Stamped report with condition and remaining life
- Report folded into the reserve study
Deadlines and what happens with findings
The statute set a date for the first inspection and then requires reinspection on a recurring cycle, every nine years as written. Buildings permitted after the law took effect have their own first-inspection timing tied to the certificate of occupancy. The first deadline has passed, so an association without a completed inspection is behind. Check the current text on the state's legislative information site, since dates can be amended.
If the inspector finds that an element poses an immediate threat to safety, the statute requires the inspector to give the report to the association right away and to the local code enforcement agency within a short window, and requires the association to take immediate preventive measures, including keeping people off the element, until repairs are made. For non-emergency findings, the association is responsible for making the repairs and the local agency can require them. The association keeps reports for two inspection cycles.
What this means for a condo owner
As an owner you are entitled to ask the board whether the inspection has been done, who did it, and what the report found. The report is an association record. If your own balcony was not in the sample, the report still tells you about the building, since the sampled balconies were built the same way yours was. If you see any of the warning signs on your balcony, such as a railing post that moves, soft joist ends visible from below, or staining on the wall under the balcony, tell the board in writing. A problem on one unit is a data point for all of them.
Who pays for the repairs depends on your governing documents. Balconies are often exclusive-use common area, which can split responsibility between the owner and the association in ways that vary from one project to the next. That is a question for the board and, where it matters, an attorney.
Where Levi fits
Levi does not perform the SB 326 inspection, which the law reserves for structural engineers and architects. He does the repair side for associations and individual owners: opening the structure, replacing rotted framing and ledgers, correcting flashing and waterproofing, and rebuilding railings to current requirements, working from the inspector's report and coordinating with the engineer where the city requires it. Having spent years as a project architect on multifamily buildings, he is comfortable reading an engineer's report and building to it.
Related questions
Does SB 326 apply to a small HOA with detached homes?
No. It applies to buildings that contain three or more dwelling units, so a planned development of detached houses is outside it even if there is an association. Townhome or stacked-flat buildings with three or more units are inside it.
Can the HOA inspect only the balconies that look bad?
No. The statute requires a random, statistically significant sample so the result reflects the whole building, not just the obvious problems. The inspector can of course add elements to the sample when something looks wrong.
What if the board has not done the inspection?
Ask in writing, and point to Civil Code Section 5551. The local building department enforces the law. For anything beyond asking, an attorney who works with associations is the right resource.
Sources and further reading
- California Civil Code Section 5551 (SB 326) (leginfo.legislature.ca.gov)
- SB 326 (2019) bill text, California Legislative Information (leginfo.legislature.ca.gov)
- City of Carlsbad Building Division (www.carlsbadca.gov)