In sun-kissed California, where the weather always seems to smile upon us, few residential features offer quite the same sense of leisure as a balcony. We can survey the scene from on high, refreshment of choice in hand, communing with the natural world just feet from our coziest comforts. But in just a few short months, these beloved balconies could cost condo and townhouse owners, one way or another. It’s the byproduct of SB326, the new California balcony inspection law. And the only thing more costly than ensuring compliance… is not ensuring compliance.
How the California Balcony Inspection Law Became Tragically Imperative
For some time, California balconies were shockingly unregulated. Then, in 2015, a balcony in the college town of Berkeley collapsed, tragically taking the lives of six people and injuring an additional seven. Hearing the public outrage, lawmakers sprang into action, drafting Senate Bill 721 (SB721), which sought to instate mandatory inspections for balconies, decks, porches, and even stairways of multi-family buildings of three or more units.
But SB721 only applied to commercial properties. What about privately owned condos and townhomes? In 2019, Senate Bill 326 (SB326) followed, applying similar regulations to multi-family residential buildings with three or more units. Under SB326, which took effect on January 1, 2020, exterior elevated elements (EEEs) would require professional inspections for condominiums and, if part of a Homeowner’s Association (HOA), townhomes and duplexes.
The Responsibilities of HOAs Under SB326
HOAs own quite a bit of the responsibility under SB326. For one, they need to find a licensed engineer or architect to serve as the qualified inspector. Then, perhaps most painfully for the HOA, they have to pay the inspection fee, which could set them back anywhere between $200 and $1,000 for a single EEE.
Once the inspection comes back, the HOA will need to ensure repairs are completed to the letter of the law. Finally, records will need to be meticulously maintained for potential future reference. So why does the condo or townhouse owner need to sweat this? Because, whether from confusion or blatant non-compliance, HOAs aren’t always keeping up their end of the bargain. And even when they are, they can attempt to cover the costs of EEE repairs by issuing special assessments to condo and townhome owners.
What Counts as an EEE?
Obviously, a balcony constitutes an EEE. What else could be inspected under the California balcony inspection law? SB326 classifies an EEE as an exterior walkable, wood-based structure that extends at least six feet above the ground. This could include:
- Balconies
- Decks
- Entryways
- Exterior Staircases
- Railings
- Walkways
What to Expect from an SB326 Balcony Inspection
Inspectors will pay particular attention to structural integrity, scrutinizing EEEs for signs of water damage, dry rot, corrosion, rust, cracking, general structural compromise, and other potential hazards. In the name of thoroughness, moisture meters and other specialized equipment may be employed if deemed necessary.
Once the inspector completes their assessment, they will provide detailed reports to the HOA and property owner and, if any safety hazards were identified, will legally be bound to inform the local building authority. If the EEE failed the inspection, the HOA will have anywhere from 15 to 120 days to correct the violation and bring the EEE up to code. The leniency of repair times depends heavily on the severity of the infraction. Even if repairs are costly, neglect is costlier. Physical dangers aside, exceeding the permitted repair window could pile on daily fines and, in some cases, even property liens.
Preparing for the Quickly Approaching SB326 Deadline
Some of these repairs may be extensive enough to require permits. In these cases, the HOA will need to apply for the permit within 120 days of receiving the inspection report. Upon approval of the permit, the HOA will typically be granted 120 days to complete repairs. Note that the inspector cannot be the professional who makes the repairs identified in the inspection.
This all comes back to the looming inspection deadline. Qualifying properties need to have undergone inspection of their EEEs by January 1, 2026. And if that seems tight, it’s worth noting that this is the pushed-back deadline. Initially, the inspection deadline was January 1, 2025, but Governor Gavin Newsom signed AB2579, granting a reprieve to property owners with the 2026 deadline extension. But if your HOA is waiting for another extension, they’re likely going to be facing significant fines. Missing the deadline or flat-out refusing to comply with SB326 could see HOAs accruing regulatory fines. In addition, the increased liability could drive insurance premiums higher.
How to Stay Compliant with SB326
To summarize, the best way to stay compliant with the SB326 guidelines if you have a qualifying EEE is to reach out to your HOA in hopes of getting your inspection completed before January 1, 2026. Your HOA will need to:
- (1.) Hire a licensed inspector – either a qualified engineer or architect.
- (2.) Schedule the inspection with enough time allotted to meet the deadline of January 1, 2026.
- (3.) Budget to accommodate inspections as well as any necessary repairs.
- (4.) Keep detailed documentation of inspections, reports, and repair logs.
And, if you’re HOA is refusing to take responsibility, don’t hesitate to reach out to your trusted real estate agent for a referral to a lawyer who specializes in situations just like this!
With a brand that says as much as JohnHart’s, Senior Copywriter Seth Styles never finds himself at a loss for words. Responsible for maintaining the voice of the company, he spends each day drafting marketing materials, blogs, bios, and agent resources that speak from the company’s collective mind and Hart… errr, heart.
Having spent over a decade in creative roles across a variety of industries, Seth brings with him vast experience in SEO practices, digital marketing, and all manner of professional writing with particular strength in blogging, content creation, and brand building. Gratitude, passion, and sincerity remain core tenets of his unwavering work ethic. The landscape of the industry changes daily, paralleling JohnHart’s efforts to {re}define real estate, but Seth works to maintain the company’s consistent message while offering both agents and clients a new echelon of service.
When not preserving the JohnHart essence in stirring copy, Seth puts his efforts into writing and illustrating an ongoing series entitled The Death of Romance. In addition, he adores spending quality time with his girlfriend and Romeo (his long-haired chihuahua mix), watching ‘70s and ‘80s horror movies, and reading (with a particular penchant for Victorian horror novels and authors Yukio Mishima and Bret Easton Ellis). He also occasionally records music as the vocalist and songwriter for his glam rock band, Peppermint Pumpkin.
