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.
