California Senate Bill 326 (SB 326), enacted in 2019, introduced significant requirements to enhance the safety and maintenance of multifamily residential buildings with exterior elevated elements (EEEs), such as balconies, decks, walkways, and stairways. This legislation was motivated by incidents of structural failures, including the tragic Berkeley balcony collapse in 2015, which highlighted the critical need for regular inspections and accountability for these structures.
Overview of California SB 326
SB 326 requires homeowners’ associations (HOAs) of condominium buildings with three or more multifamily dwelling units to perform regular inspections of EEEs (exterior elevated elements) that are supported wholly or partially by wood-based materials. The bill’s primary goal is to identify and address potential safety hazards posed by structural deterioration caused by water intrusion, termites, or other environmental factors. Key components of SB 326 include:
- Mandatory Inspections:
- Inspections must be conducted by a licensed architect or structural engineer.
- The first inspection must be completed by January 1, 2025.
- Subsequent inspections must occur every nine years.
- Inspection Scope:
- The inspections cover load-bearing components and associated waterproofing systems.
- They must assess the condition, performance, and expected service life of these elements.
- Inspection Reports:
- Findings must be documented in a written report provided to the HOA.
- Reports must include recommendations for repair or further evaluation if needed.
- HOA Responsibilities:
- The HOA must maintain the inspection reports for the life of the building.
- Identified issues must be addressed promptly to ensure resident safety.
Responsibilities of Property Managers under SB 326
Property managers play a vital role in ensuring compliance with SB 326. Their responsibilities include coordinating inspections, maintaining records, and facilitating necessary repairs. Specific duties include:
- Scheduling Inspections: Property managers must collaborate with the HOA board to hire qualified professionals, such as licensed architects or structural engineers, to conduct inspections. They need to ensure inspections are scheduled and completed within the mandated timelines.
- Document Management: Managers are responsible for organizing and maintaining inspection reports, correspondence, and repair records. These documents must be easily accessible for HOA board members and regulatory authorities.
- Facilitating Repairs: When inspections reveal structural deficiencies or maintenance needs, property managers must oversee the process of obtaining contractor bids, coordinating repair work, and ensuring that repairs comply with applicable building codes and regulations.
- Communication: Property managers act as a liaison between the owner/HOA board, residents, and inspection professionals. They must ensure that residents are informed about upcoming inspections, repair schedules, and any safety precautions required during the repair process.
- Budget Planning: To meet the financial demands of inspections and repairs, property managers assist in developing budgets and reserve funds. This includes advising on potential cost implications and ensuring adequate funding for ongoing maintenance.
- Regulatory Compliance: Property managers must stay informed about SB 326 requirements and any updates to the law. Ensuring compliance reduces legal risks and protects the owners from potential fines or liabilities.
Challenges for Property Managers
Implementing SB 326 requirements presents several challenges for property managers, including:
- Cost Management: Inspections and repairs can be expensive, particularly for older buildings with significant deterioration. Property managers must work with the owners to balance cost considerations with the need for safety.
- Scheduling and Coordination: Coordinating inspections and repairs in occupied buildings requires careful planning to minimize disruption to residents and tenants.
- Documentation and Transparency: Maintaining thorough and accurate records is critical, as these documents may be reviewed during legal or regulatory audits.
California SB 326 underscores the importance of proactive maintenance and safety in multifamily residential buildings. Property managers play an essential role in helping HOAs comply with this legislation by coordinating inspections, managing documentation, and addressing necessary repairs. By fulfilling these responsibilities, property managers not only ensure compliance but also protect the safety and well-being of residents and tenants, enhancing the overall integrity of the properties they oversee.
Coastal CW is here to help property managers fulfill their requirements for repair and maintenance on the exterior decks/walkways that need repairs.
Coastal CW was featured in the IREMSD January – March 2025 Newsletter which is linked below. Please read pages 18, 26 and 27 of the newsletter for more information about our company.
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