SB 326

SB 326, signed into law in 2019, requires all condominium associations in California to conduct periodic inspections of exterior elevated elements — including balconies, decks, walkways, stairways, and their railings — that are constructed with load-bearing components of wood or wood-based products and are six or more feet above ground level. The law was enacted in response to the 2015 Berkeley balcony collapse that killed six people, highlighting the danger of deferred maintenance on elevated wood structures. Inspections must be performed by a licensed structural engineer or architect, who must conduct a reasonably competent and diligent visual inspection of a statistically significant sample of the elevated elements. The inspector must submit a written report to the association board identifying the current condition of the elements inspected, expected future useful life, and any recommendations for repair or replacement. If the inspector identifies conditions that pose an immediate threat to safety, they must provide an emergency report, and the association must take preventive measures immediately — including restricting access to the affected area. For non-emergency repairs identified in the inspection, the association must complete the necessary work within 120 days of receiving the report, though the board may apply to the local enforcement agency for an extension. Initial inspections were required by January 1, 2025, with subsequent inspections due at least once every nine years thereafter. Failure to comply can result in civil penalties imposed by local enforcement agencies, and boards may face personal liability for neglecting their duty to maintain safe common area components.