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The Balcony Inspection Bill Deadline Is Near - What Have We Learned So Far?
By Ritchie Lipson, Esq.
With the January 1, 2025 deadline for compliance with Civil Code (CC) §5551 rapidly approaching, California condo property managers are feeling the pressure. Also known as Senate Bill 326, or the Balcony Inspection Bill, Civil Code §5551 has significant implications for condominium associations across the state. As we approach this critical juncture, it is essential to reflect on what we have learned thus far and how best to navigate the challenges ahead.
Understanding The Balcony Inspection Bill
Enacted in 2019, the bill was introduced in response to a tragic incident in Berkeley, where a balcony collapse led to multiple fatalities and injuries. It mandates the inspection of exterior elevated wood framed elements, such as balconies, decks, and walkways, in buildings with three or more multi-family units by a licensed structural engineer or architect every nine years. Additionally, it requires associations to maintain detailed inspection records and disclose inspection findings to residents.
Challenges And Lessons
Since its enactment, the balcony inspection bill has presented numerous challenges for property managers. Here is what we have learned along the way:
1. COMPLIANCE COMPLEXITY
Achieving compliance with CC §5551 is not a straightforward task. It involves coordinating with inspectors, scheduling inspections, and ensuring thorough documentation of findings. Managers must navigate complex logistical issues while balancing the needs of residents. There are many options when considering who to hire to implement the requirements of the law. Many general contractors have affiliated or hired architects with little or no forensic experience in conducting the type of inspections required. Conducting a thorough due diligence review prior to making the decision is recommended,
2. FINANCIAL IMPLICATIONS
Compliance with CC §5551 comes with financial implications. The costs associated with inspections, repairs, and ongoing maintenance can strain association budgets. Managers have learned the importance of budgeting and financial planning to meet these obligations, including through special and/or emergency assessments where applicable. Properties less than 10 years old may have additional avenues to absorb the financial costs of the required inspections through the construction defect process.
3. IMPORTANCE OF COMMUNICATION
Effective communication has emerged as a critical lesson in the balcony inspection bill compliance journey. Managers must communicate clearly and transparently with residents about the inspection process, findings, and any necessary repairs. Building trust and cooperation among residents is essential for smooth compliance. Some ways to accomplish this may be through an association newsletter, holding a Town Hall meeting, sending email updates to all owners, or hiring a construction manager to help facilitate the process and communications.
4. PRIORITIZING SAFETY
Civil Code §5551 underscores the paramount importance of safety in condominium living. Managers have learned to identify and address potential safety hazards promptly. However, regular property condition assessments by qualified consultants, compliance with the developer’s and manufacturer’s maintenance recommendations, and timely repairs are crucial for maintaining the structural integrity of buildings and ensuring resident safety.
5. LEGAL COMPLIANCE
Compliance necessitates a thorough understanding of legal requirements and obligations included in the code. Property managers have had to educate themselves on the intricacies of the law to ensure full compliance and avoid potential legal repercussions, which include potential enforcement measures by local authorities, loss of insurance, and/or lending challenges. Working closely with legal counsel is essential in navigating the legal aspects of §5551.
Inspection Findings: A Closer Look
Throughout the balcony inspection process, a range of issues affecting exterior elevated elements in condominium buildings have been uncovered. Common findings include:
1. STRUCTURAL DEGRADATION
Inspectors have identified instances of structural degradation in balconies, decks, and walkways. This includes signs of wood rot, corrosion of metal components, and deterioration of concrete or masonry. Such issues compromise the integrity of these elements and pose safety risks to residents.
2. WATERPROOFING FAILURES
Many buildings have exhibited signs of waterproofing failures, particularly in areas exposed to moisture, such as balconies and decks. Inspections have revealed cracks in waterproofing membranes, inadequate sealing around penetrations, and insufficient drainage systems. These deficiencies can lead to water intrusion, causing damage to the building envelope and underlying structures.
3. DEFERRED MAINTENANCE
In some cases, inspections have uncovered instances of deferred maintenance, where routine upkeep and repairs have been neglected over time. This includes missing or damaged railings, deteriorated decking materials, and unaddressed signs of wear and tear. Addressing deferred maintenance is essential for preventing further deterioration and ensuring the long-term safety and durability of exterior elevated elements.
4. CODE VIOLATIONS
Inspections have identified code violations related to building standards and safety regulations. These include non-compliance with structural load requirements, inadequate fire protection measures, and insufficient egress pathways. Bringing buildings into compliance with applicable codes and standards is essential for mitigating safety risks and avoiding potential legal liabilities.
Looking Ahead
As the deadline for compliance looms, managers must address the findings of inspections promptly and comprehensively. Financial planning, prioritizing necessary repairs, implementing proactive maintenance measures, and maintaining open communication with residents are key strategies for ensuring a safe and secure living environment. By leveraging the lessons learned from the §5551 compliance journey, managers can navigate the final stages of compliance successfully and uphold the highest standards of safety and quality in condominium living.
