SB 326 Balcony Inspection Requirements in San Diego, California

What Is SB 326?

Senate Bill 326 was signed in 2019 (Stats. 2019, Ch. 207) and took effect January 1, 2020. It added Civil Code §5551, which requires the board of a California condominium association to have the association's exterior elevated elements inspected. The law came after the 2015 Berkeley balcony collapse that killed six people and injured seven.

Which buildings and elements are covered

SB 326 applies only to associations of condominium projects, and only to buildings with three or more attached multifamily dwelling units (Civil Code §5551(b)(1), (l)). none Only elements the association is responsible for maintaining or repairing are included (§5551(b)(1)).

Who inspects, and what happens if there is an immediate threat

The inspection must be done by a licensed structural engineer, civil engineer, or architect (Civil Code §5551(b)(1)). It is a visual inspection of a random and statistically significant sample of the covered elements.

If the inspector advises that an element poses an immediate threat to the safety of occupants, the inspector must give the report to the association immediately and to the local code enforcement agency within 15 days. The association must then take preventive measures immediately, including keeping occupants off the element until repairs have been inspected and approved by the local enforcement agency (§5551(g)(1)).

Key Deadlines and Requirements

The first inspection was due by January 1, 2025, with follow-up inspections every nine years after that, coordinated with the reserve study inspection (Civil Code §5551(i)). Buildings whose building permit application was submitted on or after January 1, 2020 must instead be inspected no later than six years after the certificate of occupancy is issued (§5551(k)).

The inspector's written report must be stamped or signed, presented to the board, and incorporated into the association's reserve study (§5551(f)). Reports must be kept as association records for two inspection cycles (§5551(i)). Members may inspect and copy them as association records (§§5200(a)(15), 5205), and a seller must give a prospective buyer a copy of the most recent report (§4525(a)(11)).

SB 326 sets no fixed repair deadline and no per-day civil penalty. Ongoing maintenance and repair of these elements is the association's responsibility under its governing documents (§5551(j)(2)), and local enforcement agencies may recover their enforcement costs from the association (§5551(g)(2)). The 120-day permit and repair windows and the $100–$500 per-day penalty belong to SB 721 (Health and Safety Code §17973), which does not apply to common interest developments (§17973(n)).

Paying for Inspections and Repairs

Get written quotes from several licensed structural or civil engineers or architects, and confirm each inspector's license before hiring. Repair costs are separate and depend on what the inspection finds.

Because the report is incorporated into the reserve study (Civil Code §5551(f)), use its repair and replacement recommendations when you update the reserve study and budget. If reserves fall short, the board may consider a special assessment. Without approval from a majority of a quorum of members, special assessments in a fiscal year cannot exceed 5% of the association's budgeted gross expenses (§5605(b)). That limit does not apply in an emergency under §5610, which includes an extraordinary expense to repair something the association is responsible for after a threat to personal health or safety is discovered (§5610(b)).