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Are the Penalties the Same for Both Balcony Inspection Laws?

Are the Penalties the Same for Both Balcony Inspection Laws?​

Table of Contents

What Happens If I Don’t Comply with SB 326 or SB 721?

Are the Penalties the Same for Both Laws?

Beyond Financial Penalties: The Broader Consequences

Proactive Balcony Inspection Compliance

California’s balcony inspection laws, SB 326 and SB 721, are designed to safeguard residents and prevent tragedies like the Berkeley balcony collapse. While both laws mandate regular inspections of exterior elevated elements (EEEs) like balconies and decks, do they carry the same penalties for non-compliance?

Let’s delve into the specifics and explore the potential consequences of failing to meet the requirements of these crucial regulations.

What Happens If I Don’t Comply with SB 326 or SB 721?

Non-compliance with either SB 326 or SB 721 can have serious consequences for property owners and HOAs in California. While the penalties share some similarities, there are subtle distinctions to be aware of.

Are the Penalties the Same for Both Laws?

The short answer is no, the penalties for non-compliance are not identical between SB 326 and SB 721.

  • SB 326: This law doesn’t explicitly specify fines for non-compliance. However, since the inspection report is a crucial component of the reserve study, failure to comply with SB 326 could trigger penalties under the Davis-Stirling Act. These penalties can include fines, the recovery of enforcement costs, and even the imposition of liens against the property.

  • SB 721: This law is more explicit about penalties, authorizing local enforcement agencies to impose fines of up to $100 per day for the first 30 days of non-compliance, and up to $500 per day for each subsequent day of non-compliance. Additionally, the local enforcement agency may recover any costs incurred in enforcing the law.

Contact DrBalcony for a professional inspection!

Ensure the safety of your balcony and living space with DrBalcony - We're a Tech Engineering firm that specializes in California SB326 & SB721 balcony inspections.  Over 300+ completed projects in California.

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Beyond Financial Penalties: The Broader Consequences

In addition to the immediate financial burden of fines, non-compliance with either law can have far-reaching consequences:

  • Legal Liability: If an accident occurs due to a neglected or unaddressed balcony issue, property owners and HOAs can be held liable for any resulting damages or injuries. This could lead to costly lawsuits and settlements.

  • Insurance Implications: Non-compliance may jeopardize your insurance coverage or result in increased premiums. Insurance companies are increasingly scrutinizing inspection reports and maintenance records when assessing risk and processing claims.

  • Property Value: A building known to have safety or compliance issues can suffer a decrease in market value, making it less attractive to potential buyers or renters.

Proactive Balcony Inspection Compliance

The best way to avoid these penalties and protect your property is to be proactive about compliance. Schedule inspections in advance, address any necessary repairs promptly, and maintain thorough documentation of your efforts.

At DrBalcony, we’re dedicated to helping property owners and HOAs navigate the complexities of SB 326 and SB 721. Our experienced inspectors conduct thorough assessments, provide detailed reports, and offer guidance on repairs and maintenance to ensure your property is safe and compliant.

Don’t wait until it’s too late. Contact DrBalcony today for a free consultation and let us help you achieve peace of mind, knowing your balconies are in top shape.

Contact DrBalcony for a professional inspection!

Ensure the safety of your balcony and living space with DrBalcony - We're a Tech Engineering firm that specializes in California SB326 & SB721 balcony inspections.  Over 300+ completed projects in California.

Request A Free EstimateClick To Call

FAQ Section: Top Questions & Answers

My property is well-maintained. Do I really need SB-326/SB-721 inspections?

YES! Even with excellent maintenance, hidden issues can develop due to construction errors, material flaws, or severe weather exposure. Inspections are about ensuring those don’t turn into major problems.

Our balconies were inspected a few years ago – isn't that enough?

Unfortunately, no. California laws mandate inspections on a set schedule, often every 6 years. Deterioration can happen quickly, making regular assessments essential.

Can I use my regular handyman for the balcony inspection?

It’s not recommended. Unless they hold specific licenses (architect, structural engineer, etc.) their inspection won’t be considered valid for SB-326/SB-721 compliance.

What if the inspection uncovers major issues?

First, don’t panic! Early detection often means less extensive (and expensive) repairs are needed. Work with your inspector to prioritize fixes, and explore if they offer repair services for a streamlined solution.

I'm worried about the cost of inspections. Are there any resources to help?

Start by getting detailed quotes from multiple companies. Factor in that proactive inspections help you avoid even bigger costs down the line due to neglected problems. Some property management associations offer guidance on budgeting for balcony compliance.

 

Testimonials

Hear It From Our Customers

I started off by doing 1 inspection with them back in June because I knew it needed work done. Now, they’ve completed 2 of my properties and have 2 more inspections coming up this month. All great so far! They’re great at keeping me updated

I would like to share the fact that this company has been extremely honest and helpful with this challenging project. Balcony and walk way repairs are very expensive, so you want the very best professionals next to you

Greg was very helpful in explaining the entire process. They walked me through everything and helped me keep both of my properties in compliance!

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