Who Is Responsible for SB 326 Compliance?
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In the realm of California’s building safety legislation, Senate Bill 326 (SB 326) looms large, mandating inspections for balconies and other exterior elevated elements (EEEs) in certain multi-family properties. While the goal of preventing balcony failures and ensuring occupant safety is clear, the specifics of who bears the responsibility for compliance can get a bit murky.
Let’s untangle the web of responsibility and ensure that everyone involved understands their role in upholding the vital provisions of SB 326.
Who’s Ultimately Accountable for SB 326 Compliance?
In the simplest terms, the buck stops with the association. Whether it’s a condominium association, a cooperative, or any other common interest development (CID), the legal onus of ensuring SB 326 compliance falls on the governing body. This includes:
- Scheduling and coordinating inspections
- Hiring qualified inspectors
- Addressing any necessary repairs
- Maintaining records of inspections and repairs
However, the responsibility doesn’t end there. Other parties play a vital role in ensuring the success of the process.
What Role Do Individual Unit Owners Play in SB 326 Compliance?
While the association bears the ultimate responsibility, individual unit owners have a part to play as well. They are typically responsible for:
- Maintaining their own units: This includes keeping their balconies and any attached EEEs in good repair and free of hazards.
- Granting access for inspections: Owners must allow inspectors to access their units for visual inspections and any necessary testing.
- Paying for repairs within their unit: While the association is generally responsible for repairs to common areas, owners are typically responsible for repairs within their own units, including any balcony or deck attached to their unit.
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 CallWhat About Property Managers? Where Do They Fit In?
Many HOAs and CIDs hire professional property management companies to oversee the day-to-day operations of their communities. In these cases, the property manager often plays a crucial role in facilitating SB 326 compliance by:
- Scheduling and coordinating inspections: They act as the liaison between the association and the inspection company, ensuring inspections are conducted on time.
- Communicating with owners: They inform owners about upcoming inspections, obtain necessary access permissions, and provide updates on the process.
- Overseeing repairs: They may assist the association in obtaining bids, selecting contractors, and ensuring repairs are completed correctly and within budget.
What Are the Consequences of Non-Compliance?
Failing to comply with SB 326 can have serious ramifications for all parties involved:
- Financial Penalties: Local enforcement agencies have the authority to impose fines of up to $500 per day, per violation. These fines can quickly accumulate, creating a significant financial burden for the association and potentially leading to increased assessments for individual owners.
- Legal Liability: In the event of an accident or injury resulting from a non-compliant balcony or EEE, the association, and potentially individual owners, could face legal action.
- Insurance Issues: Non-compliance may result in higher insurance premiums or even denial of coverage for balcony-related claims.
At DrBalcony, we understand the importance of SB 326 compliance and the shared responsibility it entails. We work closely with HOAs, property managers, and unit owners to provide comprehensive inspections, clear communication, and actionable solutions to ensure all balconies and EEEs are safe and up to code.
Don’t leave compliance to chance. Contact DrBalcony today for a free consultation and let us help you navigate the complexities of SB 326.
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 CallFAQ 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
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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
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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
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Greg was very helpful in explaining the entire process. They walked me through everything and helped me keep both of my properties in compliance!