On June 16, 2015, a fifth-floor balcony at a Berkeley apartment building collapsed, killing seven people, allegedly due to weakening by severe dry rot.
Three years later, the state of California adopted Senate Bill 721, requiring owners of multi-unit residential buildings to obtain architect or structural engineer inspections of above-ground “exterior elevated elements” by 2025 and every six years thereafter. The passage of SB 326 in 2019 imposed essentially the same requirements on HOAs with a deadline of 2025 except with a repetition requirement of every nine years instead of six.
Here are tips to help understand your HOA’s inspection contract to ensure your HOA is not paying for unnecessary costs.The statute applies only to areas under HOA responsibility for maintenance or repair . If it’s not the HOA’s responsibility, it does not fall under the inspection requirement. Many planned developments do not fall under the requirement, since they typically do not maintain or repair residence balconies, elevated walkways, or stairs.
An “exterior elevated element” is a component extending beyond the exterior building walls that has a walking surface over six feet above ground level. A deck on top of the building, garage, or part of the main residence may be excluded, as only parts extending beyond the exterior building walls are included per 5551.
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