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Property

Balcony

An elevated platform projecting from the exterior of a building, typically accessible from an individual unit. Balconies are commonly designated as limited common elements or exclusive use common areas, meaning they are for the exclusive use of a specific unit but owned by the association. Structural maintenance is typically the association responsibility, while surface maintenance may fall to the unit owner. Balcony safety inspections are required in some states.

Example in Context

Following the SB 326 inspection, the engineer identified dry rot in the balcony joists of three units, and the association scheduled emergency repairs at a cost of $85,000.

Common Misunderstanding

Many condo owners think they own their balcony outright, but balconies are typically limited common elements or exclusive use common areas — the association owns the structure and is responsible for structural maintenance.

State-Specific Notes

California: SB 326 requires periodic inspections of load-bearing components of balconies and elevated walkways in condominiums.

Frequently Asked Questions

Does my HOA have to inspect balconies?

In California, yes. SB 326 (Civil Code Section 5551) requires condominium associations to have a licensed professional inspect the load-bearing components and waterproofing of balconies and elevated walkways by January 1, 2025, and every nine years thereafter. The association must repair any conditions that pose a safety threat. This law was enacted after the 2015 Berkeley balcony collapse.

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