New Balcony Inspection Requirements for Associations Under Newly Passed SB326

Governor Newsom has signed the 2019 version of the “Balcony Bill,” Senate Bill 326, creating additional maintenance responsibilities for associations with respect to elevated walkways, balconies, and decks.

The new law adds language to the Davis-Stirling Act requiring an association to retain a qualified expert to perform a competent and diligent visual inspection of a percentage of the load-bearing components and associated waterproofing systems of these elevated components at least once every nine (9) years, beginning in 2025.
An inspector would then need to submit a report to the board of the association providing specific information about the current physical condition of the component, the remaining useful life of the load-bearing components and waterproofing systems, and whether further testing should be done to assess any hazardous conditions suspected by the inspector.

The law will also now require the developer of a condominium project to submit a complete set of architectural and structural plans and specifications to an association for any buildings containing exterior elevated elements. Finally, the civil code will now, with certain exceptions, prohibit an association’s governing documents from limiting a board’s authority to initiate legal proceedings against a declarant, developer, or builder of a common interest development.

It should be noted that the new law will not, however, affect the association’s obligations under Title 7 (the Right to Repair Law), Civil Code 6150 notice requirements, or alternative dispute resolution clauses within the CC&Rs as they pertain to potential claims against the developer.

Property managers are encouraged to advise their boards of these new requirements so that proper planning for these inspections can be discussed and calendared in the future. C ontact our firm to schedule a lunch and learn regarding association obligations under the new balcony bill.

Prepare Your Office for New Laws Affecting Construction Defect in 2020

The end of the year is coming up fast! Set your office up for success in the New Year by scheduling a Lunch & Learn with our firm where we'll discuss the balcony bill and association requirements in detail.

Firm Event Wrap Up: Summer 2019
CAI Bay Area & Central Chapter Golf Tournament

We had a blast at the carnival-themed CAI Bay Area & Central Chapter Golf Tournament at Hiddenbrooke Golf Club.
CAI San Diego Trade Show

Our team was all smiles at the CAI San Diego  Trade Show. We always have a good time seeing new and familiar faces!
JDRF Summer Classic

We had a great time on the Wente Vineyards Golf Course at the Juvenile Diabetes Research Foundation (JDRF) Summer Classic! Our firm has been a long time supporter of JDRF and its mission to find a cure for type 1 diabetes, and we were a proud sponsor of this event.
Meeting of the Minds

Partner Rob Ward met with Rob Knudsen from Assemblyman Brian Maienschein’s office to discuss SB 323 and its impact on community associations on district 77 on behalf of CAI-CLAC.

Save the Date: CAI Legal Forum SoCal

Mark your calendar for the CAI Legal Forum Southern California on October 18. Come find our firm at our booth to say hi and enter a raffle for a fun prize! Click below for more information.

Cozy Up With a Delicious Mug of Cider

Nothing says Fall like hot apple cider. Get the recipe here .