The Full Story

California Senate Bill 326 (SB 326) is a law focused on the safety and inspection of exterior elevated elements (EEEs) such as balconies, decks, walkways, and stairways in condominium buildings and other buildings governed by homeowner associations (HOAs). It was introduced in response to the same concerns about structural safety that prompted SB 721, particularly after the 2015 Berkeley balcony collapse. SB 326 was signed into law in 2019 and complements SB 721 by addressing condominium buildings, while SB 721 covers rental buildings.

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Key provisions of SB 326 include:

1. Mandatory Inspections: HOAs must ensure that all exterior elevated elements that rely on wood for structural support, like balconies and walkways, are inspected every nine years. Inspections are to be carried out by licensed professionals such as architects or structural engineers.

2. Inspection Scope: The law requires checking for issues such as water damage, decay, corrosion, and any condition that may affect the load-bearing capacity of these structures.

3. Report and Repairs: After the inspection, the findings must be documented, and if repairs are needed, they must be completed. If the professional identifies immediate safety risks, prompt action is required.

4. Board Responsibility: The HOA board is responsible for keeping records of the inspection reports and any repairs made. If the board fails to comply, homeowners can take legal action against the association.

5. Timing: The first inspections under SB 326 must be completed by January 1, 2025, after which the nine-year inspection cycle begins.

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SB 326 is part of California’s broader effort to improve building safety standards and prevent future tragedies through regular oversight and maintenance of key structural components in residential buildings.