Have questions mail the team at ops@canerealestate.com or call us at 858-923-4882.

Senate Bill 326 (SB 326)

Overview: SB 326, enacted on August 30, 2019, and effective January 1, 2020, mandates regular inspections of exterior elevated elements (EEEs) in multi-family housing, such as balconies, decks, and stairways. This law aims to enhance the safety of residents by identifying and addressing structural issues before they pose significant risks.

Key Provisions:

1. Inspection Requirements: Condo associations must conduct visual inspections every nine years. The first inspection deadline is January 1, 2025.
2. Inspector Qualifications: Inspections must be performed by a licensed structural engineer or architect.
3. Inspection Scope: The law requires a statistically significant sample of EEEs to be inspected. The inspector will assess load-bearing components and waterproofing systems for damage and safety concerns.
4. Reporting and Compliance: Inspection reports must detail the condition of the components, potential threats, and necessary repairs. If immediate dangers are found, the report must be submitted to the local code enforcement agency within 15 days.
5. Maintenance: The HOA board is responsible for budgeting and completing necessary repairs based on the inspection report​ ( CA Legislative Information).​​

Senate Bill 721 (SB 721)

Overview: SB 721, enacted on September 17, 2018, specifically targets the safety of exterior elevated elements in buildings with three or more multifamily units. This law came into effect following several incidents of balcony collapses, aiming to prevent such tragedies by enforcing rigorous inspection protocols.

Key Provisions:

1. Inspection Requirements: Similar to SB 326, SB 721 mandates inspections of EEEs every six years. The first round of inspections was required by January 1, 2025.
2. Inspector Qualifications: Inspections must be carried out by a qualified inspector, which includes licensed architects, engineers, or contractors with relevant experience.
3. Inspection Scope: Inspections focus on the structural integrity and safety of balconies, decks, and stairways, particularly those that extend beyond the building and are supported by wood or wood-based products.
4. Reporting and Compliance: Inspectors must provide a detailed report on the condition of the elements, any observed damage, and recommendations for repairs. Immediate threats must be reported to local building authorities​ (CA Legislative Information).

Implications for San Diego Condo Associations

For condo associations in San Diego, compliance with SB 326 and SB 721 is crucial. The coastal climate can exacerbate the wear and tear on exterior elements, making regular inspections even more vital. Associations must ensure they hire qualified inspectors and promptly address any issues identified to avoid legal liabilities and ensure resident safety.

Action Steps:

1. Schedule Inspections: Arrange for initial inspections before the 2025 deadline.
2. Hire Qualified Professionals: Engage licensed structural engineers or architects familiar with local conditions.
3. Budget for Repairs: Plan and allocate funds for necessary maintenance and repairs based on inspection reports.
4. Maintain Records: Keep detailed records of inspections and repairs as required by law.

By understanding and adhering to these regulations, San Diego condo associations can help prevent accidents and maintain the structural integrity of their buildings, ensuring a safe living environment for all residents. If you have questions or need to get in touch with a licensed architect, engineer, or contractor with relevant experience, feel free to email the team at ops@canerealestate.com or call us at 858-923-4882.