The HOA balcony law is a major piece of legislation in California that boards can’t afford to overlook. When it comes to balconies, decks, and other elevated structures, these may look like ordinary parts of a building, but in reality, they can become serious hazards if the board fails to maintain them. That said, Senate Bill 326 gives clear rules about inspections, repairs, and accountability.
What is the HOA Balcony Law?
Senate Bill 326, also known simply as SB326, is a California law passed in 2019 that focuses on structural safety in condominium communities. The law came after a devastating balcony collapse in Berkeley in 2015, which caused multiple deaths and injuries. On the other hand, lawmakers also wanted to create a long-term solution, not just a response to one incident.
The law requires boards to schedule regular inspections of exterior elevated elements such as balconies, stairways, and walkways. The main goal is straightforward: prevent another tragedy, keep people safe, and ensure boards take responsibility for parts of the property that often get overlooked until something goes wrong.
SB 326 Balcony Bill: A Deep Dive
Senate Bill 326 lays out important requirements and conditions for associations. Let’s discuss them below.
Scope
The HOA balcony law covers exterior elevated elements that are six feet or more above ground and rely on wood or wood-based products for structural support. The scope includes balconies, decks, stairways, and catwalks.
The board must review its property carefully. On the surface, it might not look like certain features fall under this description, but after applying the legal definition, many parts of the community may qualify.
Purpose
The purpose of the HOA balcony law is to keep residents and visitors safe by requiring boards to act proactively. In the end, the law ensures the board doesn’t wait until damage is visible or until a collapse forces action. Instead, the law compels the board to inspect, maintain, and repair before risks grow worse.
Burden of Responsibility
The association board carries the burden under SB 326. The law does not assign responsibility to individual owners. Instead, the board must hire licensed professionals, review inspection results, and plan for repairs. The board must also make sure that the cost of inspections and any necessary maintenance is included in the budget or reserves.
Applicability
The HOA balcony law applies to condominium associations and attached housing communities that fall under the Davis-Stirling Act. The law does not apply to detached single-family HOAs. That said, the board must not assume exemption too quickly. If a community includes stacked units with balconies, wooden decks, or catwalks, the board must comply.
Inspection Requirements
The board must hire a licensed structural engineer or architect to carry out inspections. These professionals must check for damage, water intrusion, and any conditions that could compromise structural safety. The inspector must also provide a written report. Then, the board must review the report and act on it, because the law places responsibility directly on the association’s shoulders.
Frequency
The board must schedule inspections at least once every nine years. While nine years may seem like a long time, in practice, the board should not wait until the last moment. Planning ahead will ensure the board has enough time to budget and hire qualified professionals.
Repairs
When inspectors identify problems, the board must act. The board can’t delay repairs indefinitely, especially if the inspector finds immediate life-safety issues. Urgent repairs must begin without hesitation. On the other hand, less severe issues may be scheduled but must not be ignored.
Records
The board must incorporate the inspector’s written report into the reserve study. The board must also keep inspection records and provide access when homeowners request them. These records create a clear trail of compliance and accountability, which protects the board in the future.
Initial Deadline
The HOA balcony law set January 1, 2025, as the deadline for completing the first round of inspections. This means the board must have already hired inspectors and obtained reports before that date. Missing the deadline exposes the association to legal and financial risks.
Consequences for Noncompliance
If the board fails to comply, the consequences can be severe. Noncompliance can result in lawsuits, penalties, higher insurance premiums, and claims of breach of fiduciary duty. Ignoring the law costs far more than following it.
The Importance of the HOA Balcony Law
The HOA balcony bill is not just another legal requirement. It matters for several reasons, including but not limited to the following:
- Preventing Accidents. The law compels boards to inspect and repair, reducing the chances of accidents. Preventing collapses protects lives and can shield the community from lawsuits.
- Promoting Public Health. Safety builds peace of mind. When the board ensures structural stability, homeowners and residents feel secure in their homes. A safe environment also supports stable property values.
- Cost Savings. Inspections may seem expensive at first, but they prevent larger costs later. By acting early, the board avoids emergency repairs, special assessments, and lawsuits. Ultimately, it is cheaper to follow the law.
Common HOA Balcony Rules
Apart from SB 326, boards should adopt balcony rules that apply regardless of location. These rules help maintain safety, order, and consistency.
- No Unauthorized Modifications. The board must prohibit owners from modifying or enclosing balconies without approval. Unauthorized changes can cause safety problems.
- Weight Restrictions. The board should establish guidelines for heavy items, such as grills or oversized planters. Balconies are not designed for unlimited weight.
- Maintenance Responsibilities. The board should clearly define who is responsible for each task. Owners may need to clean balconies, while the board must maintain the structure.
- No Storage. The board should restrict owners from using balconies as storage units. Bikes, boxes, and clutter create hazards and harm the community’s appearance.
- Prohibited Uses. The board may ban smoking or grilling on balconies. These activities increase the risk of fire.
- Safety Barriers. The board must require that railings and barriers stay intact. Owners must not remove or tamper with them.
- Seasonal Decorations. The board may allow decorations while limiting how they are installed. For example, nails or screws may not be permitted.
By enforcing these rules, the board strengthens compliance with the HOA balcony law while promoting safety and order in the community.
When All is Said and Done
The HOA balcony law under SB 326 changes how California condo associations handle balcony safety. The board must schedule inspections, review reports, and complete repairs. The board must also keep records and meet deadlines. When the board complies, it can protect residents, avoid lawsuits, and maintain property values.
Clark Simson Miller offers HOA management services to community associations. Call us today at 865.315.7505 or reach out to us online to request a proposal!
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